23.04.2025 - Training activity: “The control of the acts of the organs of trade association, the nature of the decision-making of the court, conflicts deriving from the removal and exclusion of the partner”

The School of Magistrates, on 23 April, 2025, had the training activity on topic: “Lawsuits that are related to the control of the acts of the company with nature the conflicts deriving from the removal and exclusion of the partner. The nature of the decision – making in the “internal procedure” in the removal and exclusion of the partner. The opposition to the court of the decision – making of AP in the case of the removal and exclusion of the partner and the nature of the decision – making of the court. The nature of lawsuits that are related to damage reward/financial compensation either in the case of removal or in the case of exclusion from the company.”

This activity was conducted by:  

Experts: Fatri Islamaj and  Artan Hajdari

Facilitator: Arjeta Lika

The purpose of this training is: 

The training of participating judges regarding legal cases related to the nature of lawsuit for the exclusion of partner in a limited liability company, and practical resolution of researches for the reward of parties in the process.

The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.  

In this training activity were elaborated different topics, such as: 

• Historical view regarding the institute of the exclusion of partner according to the Albanian law. Comparison to other systems of trade and company law; 
• Decision-making of the assembly for the exclusion of partner. Issues of procedure and of quorum in decision – making. Causes of the exclusion of the partner. Legal and statutory causes; 
• Lawsuit for the exclusion of partner. Issues of the legitimacy of parties. Burden of proof; 
• The lawsuit of the company to claim from the excluded partner the damage reward; 
• The right of the partner to claim the liquidation of quota, compensation of quota and/or compensation in cases of lawsuit of company for the cause of damage. Measure for the provision of the lawsuit; 
• Judicial practice viewed in the aspect of the validity of decisions of the General Assembly of Partners and of causes for the exclusion of partners.  

In this training activity participated judges and legal assistants of the Republic of Albania.