Albania Bar Exam (Provimi i Avokatisë) flashcards

35 cards. Read the term and the definition here. The deck at the top of this page is optional.

Zotësia juridike

Legal capacity to have rights and obligations; acquired at birth and extinguished at death; all natural persons possess it equally.

Kontrata

A legally binding agreement between two or more parties that creates, modifies, or extinguishes obligations; requires offer, acceptance, and lawful cause.

Parashkrimi

The extinction of a right due to failure to exercise it within the period set by law; generally 5 years for contractual claims and 3 years for tort claims.

Posedimi me mirëbesim

Possession held honestly without knowledge of defect in title; may lead to acquisition by usucapion after 10 years for movables and 20 for immovables.

Kërkesëpadia

The initial pleading by which a plaintiff initiates a civil lawsuit, stating parties, facts, legal grounds, and the relief sought.

Gjë e gjykuar

The binding effect of a final judgment that prevents re-litigation of the same claim between the same parties on the same cause and object.

Masa të përkohshme

Interim measures ordered by a court during proceedings to prevent imminent harm, requiring proof of a prima facie case and urgency.

Afati i apelimit

The period within which a party may appeal a first-instance civil judgment; generally 15 days from service of the written judgment.

Parimi i ligjshmërisë

Nullum crimen sine lege: no conduct may be punished unless a law in force at the time of commission defines it as a crime.

Tentativa

An attempt to commit a crime that fails due to circumstances beyond the perpetrator's control; punishable for crimes carrying at least 3 years' imprisonment.

Bashkëpunimi

Commission of a crime by multiple persons acting jointly; co-perpetrators, instigators, and accessories are each liable under the penalty of the crime.

Mbrojtja e nevojshme

A defense excluding wrongfulness when a person uses proportionate force to repel an unlawful and imminent attack on themselves or others.

Arrestimi

Deprivation of liberty by police on reasonable suspicion of a crime punishable by at least 2 years; the arrested person must be brought before a judge within 48 hours.

Masa e sigurimit

Pre-trial detention ordered by a court on the prosecutor's request when there is risk of flight, evidence tampering, or reoffending; subject to statutory maximum durations.

Provë e paligjshme

Evidence obtained in violation of procedural law, which cannot be used to support a conviction; exceptions apply for good-faith technical errors.

Gjykimi i shkurtuar

A summary procedure where the defendant admits the facts and requests a reduced penalty; the court may reduce the sentence by one-third.

Sh.p.k.

Limited liability company (shoqëri me përgjegjësi të kufizuar); minimum capital 100 lekë; shareholders liable only up to their contributions.

Sh.a.

Joint-stock company (shoqëri aksionare); minimum capital 3,500,000 lekë; shares may be publicly listed; governed by general meeting and supervisory board.

Regjistri Tregtar

The public register where commercial companies acquire legal personality upon registration and where changes to company statutes must be recorded.

Falimentimi

Bankruptcy proceedings initiated when a debtor is insolvent; the court appoints an administrator and distributes assets to creditors according to statutory priority.

Akt administrativ

A unilateral, written, and reasoned decision by a public authority exercising public power that creates, modifies, or extinguishes legal rights or obligations.

Heshtja administrative

The failure of an administrative body to decide within the legal deadline, deemed a rejection that may be challenged before the administrative court.

Avokati i Popullit

The Ombudsman, an independent institution that investigates maladministration and human rights violations by public bodies but cannot annul administrative acts.

Gjykata Kushtetuese

The constitutional court that reviews the constitutionality of laws, resolves disputes between state organs, and hears individual complaints after exhaustion of remedies.

Gjykata e Lartë

The highest court of cassation, ensuring uniform application of law; it reviews appeal judgments on points of law, not facts.

Këshilli i Lartë Gjyqësor

The High Judicial Council, an independent body that proposes judges for appointment and decides on disciplinary measures and transfers.

Periudha e provës

A probationary period in an employment contract, not exceeding 3 months, during which either party may terminate with short notice.

Pushimi vjetor

Minimum paid annual leave of 28 calendar days for all employees, with additional days for hazardous work or long service.

Kompesimi i largimit

Severance pay owed by an employer upon termination for economic reasons; generally 15 days' wages per year of service for indefinite contracts.

Rezerva trashëgimore

The forced heirship portion reserved by law for descendants and the spouse, which cannot be defeated by a will.

Testamenti

A written will disposing of property upon death; valid forms include holographic (handwritten and signed), notarial, and international wills.

Fshehtësia profesionale

The attorney's duty to keep confidential all information learned during representation; it survives termination and may be waived only by the client.

Konflikti i interesave

A situation where a lawyer's representation of one client could be adversely affected by duties to another client or personal interest; prohibited without informed consent.

Primati i së drejtës së BE-së

The principle that EU law prevails over conflicting national law in areas of EU competence, as established in Costa v ENEL.

Lex situs

The law of the place where property is situated, governing rights in rem over immovables in private international law.