Albania Bar Exam (Provimi i Avokatisë) cheat sheet

Legal capacity (zotësia juridike) is acquired at birth and ends with death; full capacity to act (zotësia e veprimit) is acquired at 18 years of age.

Contracts require offer and acceptance; acceptance must be unconditional. A conditional acceptance is a counter-offer (kundërpropozim).

Invalidity: absolute nullity (nulitet absolut) can be invoked by any interested party; relative nullity (anulueshmëri) only by the protected party and is subject to a 1-year prescription.

Prescription of contractual claims is generally 5 years; for non-contractual (delictual) claims it is 3 years from knowledge of damage and tortfeasor.

Ownership (pronësia) is acquired by contract (titull) plus delivery (posedim) for movables; for immovables registration in the property register is required.

Possession in good faith (posedim me mirëbesim) can lead to acquisition by usucapion: 10 years for movables, 20 years for immovables (with just title and good faith: 5 and 10 years respectively).

Agency (përfaqësimi): a person acting without authority (falsus procurator) binds only himself; the principal may ratify (miratoj) the act.

Damages for breach include actual loss (dëmi i vërtetë) and lost profit (fitimi i humbur); punitive damages are not recognized.

Jurisdiction: the court of the defendant's domicile (forum rei) is the general rule; consumer and insurance disputes may allow the plaintiff's forum.

A claim is filed with the court (kërkesëpadia) containing parties, facts, legal basis, and specific relief sought.

Time limits: appeal against a first-instance judgment is 15 days from service; cassation (recurs) is 30 days from service of the appeal judgment.

Evidence is presented in the hearing; the court may order ex officio evidence only when the law allows (e.g., in family or status cases).

Default judgment (gjykim në mungesë) may be entered if the defendant, duly summoned, fails to appear without justification.

Interim measures (masa të përkohshme) require fumus boni iuris and periculum in mora; they are ordered by reasoned decision and may be appealed.

Res judicata (gjë e gjykuar) binds the parties and their successors; a new claim on the same object and cause is barred.

Execution (ekzekutimi) is based on an enforceable title (titull ekzekutiv) such as a final judgment or notarial act.

Legality principle (nullum crimen sine lege): no crime or punishment without a prior law defining it.

Criminal responsibility requires capacity (zotësia për të mbajtur përgjegjësi) - generally 14 years for intentional crimes, 16 for negligence.

Intent (qëllim) vs negligence (pakujdesi): negligence is punishable only when the law expressly provides.

Attempt (tentativë) is punishable for crimes subject to imprisonment of at least 3 years; voluntary abandonment excludes punishment.

Complicity (bashkëpunim): co-perpetrators, instigators (nxitës), and accessories (ndihmës) receive the same penalty as the perpetrator, with possible mitigation for accessories.

Statute of limitations (parashkrimi): generally 10 years for crimes punishable up to 5 years, 15 years for 5–10 years, 20 years for over 10 years; murder has no limitation.

Penalties: fine, imprisonment, and ancillary penalties; life imprisonment (burgim i përjetshëm) is an alternative to 25 years for aggravated murder.

Defenses: self-defense (mbrojtja e nevojshme), necessity (gjendja e nevojshme), and lawful order exclude wrongfulness.

Criminal proceedings have three phases: investigation (hetim), preliminary hearing (gjykimi paraprak), and trial (gjykimi).

The prosecutor (prokurori) directs the investigation; the judicial police execute it under prosecutor's orders.

Arrest (arrestim) requires reasonable suspicion (dyshim i arsyeshëm) of a crime punishable by at least 2 years; the arrested person must be brought before a judge within 48 hours.

Detention (masa e sigurimit) may be ordered by the court on prosecutor's request; maximum duration: 2 years for crimes up to 10 years, 3 years for more serious, 4 years for life-eligible crimes.

Evidence obtained unlawfully (provë e paligjshme) cannot be used; exceptions apply to good-faith technical errors.

The defendant has the right to silence and to counsel at all stages; statements without counsel are inadmissible if counsel was requested.

Appeal (apel) against a first-instance judgment: 15 days; cassation (recurs): 30 days.

Special procedures: summary trial (gjykim i shkurtuar) reduces penalty by one-third; plea bargain (marrëveshje) requires court approval.

Commercial companies: general partnership (ortakëri e përgjithshme), limited partnership (ortakëri e kufizuar), limited liability company (sh.p.k.), joint-stock company (sh.a.).

LLC (sh.p.k.): minimum capital 100 lekë; shareholders are liable only up to their contribution.

JSC (sh.a.): minimum capital 3,500,000 lekë; may be listed; governance by general meeting, supervisory board, and management.

A company acquires legal personality upon registration in the Commercial Register (Regjistri Tregtar).

Share transfer in an LLC requires notarial form and registration; other shareholders may have pre-emption rights if provided in the statute.

Bankruptcy (falimentimi) is initiated when the debtor is insolvent; the court appoints an administrator and creditors are paid in statutory order.

Commercial contracts: late payment interest is regulated; unfair contract terms are controlled.

Merger (bashkimi) and division (ndarja) require shareholder approval and registration; creditors may object within a set period.

Administrative act (akt administrativ) is a unilateral decision by a public body exercising public authority; it must be written, reasoned, and notified.

Administrative procedure principles: legality, equality, transparency, right to be heard, and duty to give reasons.

Deadline for administrative appeal (ankim administrativ): 30 days from notification; the body must decide within 30 days unless otherwise provided.

Silence of administration (heshtja administrative) after the deadline is deemed a rejection, appealable to court.

Judicial review of administrative acts: administrative court (gjykata administrative) has jurisdiction; claim must be filed within 45 days of notification or of the deemed rejection.

Grounds for annulment: lack of competence, violation of procedural rules, error of law, abuse of power, and lack of reasoning.

Administrative contracts are subject to public procurement rules and judicial review.

The Ombudsman (Avokati i Popullit) may investigate maladministration but cannot annul acts.

The Constitution is the supreme law; laws must comply with it; international treaties ratified by law prevail over domestic law.

Fundamental rights may be limited only by law for a legitimate aim and proportionally.

The Constitutional Court (Gjykata Kushtetuese) reviews constitutionality of laws, disputes between state organs, and individual complaints after exhaustion of remedies.

The High Court (Gjykata e Lartë) ensures uniform application of law; it is the court of cassation.

Judges are appointed by the President upon proposal of the High Judicial Council (Këshilli i Lartë Gjyqësor); they enjoy immovability.

The prosecutor's office (Prokuroria) is independent and headed by the Prosecutor General, appointed by the President with Parliament's approval.

The justice system includes courts of first instance, courts of appeal, and the High Court; administrative courts are separate.

The President is elected by Parliament for a 5-year term; the Prime Minister is appointed by the President on the basis of parliamentary majority.

Employment contract must be in writing within 30 days of commencement; it may be for a fixed or indefinite term.

Probation period (periudha e provës) may not exceed 3 months and must be agreed in writing.

Minimum annual leave: 28 calendar days; additional leave for hazardous work and long service.

Working time: 40 hours per week; overtime requires consent and is limited to 200 hours per year, paid at least 125% of normal rate.

Termination: notice periods range from 1 week (up to 6 months service) to 3 months (over 10 years); dismissal must be justified.

Severance pay: 15 days' wages per year of service for indefinite contracts terminated by employer for economic reasons.

Maternity leave: 365 days, of which 60 days before birth; paid at 80% of average daily wage by social insurance.

Collective bargaining agreements apply to all employees in the sector; strikes are lawful after mediation fails.

Marriage requires mutual consent, minimum age 18 (court may allow 16 with parental consent), and no impediment (kinship, prior marriage).

Marital property: separate property (before marriage or acquired by gift/inheritance) vs joint property (acquired during marriage).

Divorce by mutual consent requires agreement on parental responsibility, child support, and property division; contested divorce requires proof of fault or irretrievable breakdown.

Child support is determined by the court based on the child's needs and both parents' means; minimum statutory amounts apply.

Adoption requires court approval and is based on the best interests of the child; consent of parents or guardians is required unless waived.

Inheritance: legal heirs are spouse, descendants, ascendants, and siblings; the spouse receives a share alongside descendants.

Forced heirship (rezerva): descendants and spouse are entitled to a reserved portion (legitimate portion) that cannot be defeated by will.

A will must be in writing; forms: holographic (handwritten and signed), notarial, or international; oral wills are valid only in special circumstances.

Attorney-client privilege (fshehtësia profesionale) covers all information learned in the course of representation and survives termination.

Conflict of interest: a lawyer may not represent two clients with opposing interests in the same or related matters.

Duty of confidentiality: disclosure is permitted only with client consent or as required by law.

Duty of competence: a lawyer must provide services with diligence and may not accept cases beyond their expertise without associating a qualified colleague.

Advertising: permitted if truthful and not misleading; prohibited: comparative advertising, guarantees of results, and solicitation.

Fees: must be agreed in writing; contingency fees are prohibited in criminal cases.

Disciplinary liability: violations may result in reprimand, fine, suspension, or disbarment by the National Chamber of Advocates.

A lawyer may not act as both advocate and witness in the same case; withdrawal from representation requires court approval if it prejudices the client.

EU law has direct effect (Van Gend en Loos) and primacy over national law (Costa v ENEL) in areas of EU competence.

Regulations are directly applicable in Albania; directives require transposition into national law.

Albania is a candidate country; the Stabilisation and Association Agreement (SAA) governs trade and approximation of laws.

Private international law: Albanian courts apply the law chosen by the parties in contractual matters (Rome I principles).

Jurisdiction: general rule is defendant's domicile (Brussels I recast); special jurisdiction for contracts (place of performance) and torts (place of harm).

Recognition and enforcement of foreign judgments requires reciprocity and no violation of Albanian public policy (ordre public).

Applicable law for immovables is lex situs; for family matters, habitual residence or nationality of spouses.

EU citizenship rights include free movement and non-discrimination; Albanian nationals enjoy visa-free travel to Schengen for short stays.