28.04.2025 - Training activity: “Contractor and extra contractor damage. The damage of the preliminary phase of the signing of the contract. Causal relation and competent court.”

The School of Magistrates, on 28 April, 2025, had the training activity on topic:  “Contractor and extra contractor damage. The damage of the preliminary phase of the signing of the contract. Causal relation and competent court.” 

This activity was conducted by:  

Experts: Marjana Semini and Margarita Buhali

Facilitator: Arta Duka 

The purpose of this training is: 

The familiarization of participants with legal problems of judicial practice; their discussion and the providing of interpretations and the best solutions accepted by jurisprudence.  

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:  

• Contractor damage in lawsuits for the accomplishment in nature of the obligation and resolution of the contract; 
• Damage reward as the main lawsuit and accessory lawsuit. Lawsuit of invalidity of VJ and damage reward;
• The report of damage with the impossibility of the accomplishment of the obligation;
• Elements of contractor damage; illegitimacy of the action/inaction; existence of damage; causal fault and relation; 
• Efficient damage and the absent profit. Criminal condition; 
• Cases of judicial practice regarding contractor damage; 
• The meaning of responsibility for the reward of extra contractor damage. Conditions for damage reward;  
• Report between criminal responsibility and civil responsibility from the illegal fact; 
• Prescription of lawsuit for the reward of extra contractor damage; 
• Categories of extra contractor damage; property and non-property damage. Components of non-property damage: biological, moral and existential damage;
• Method of the calculation of extra contractor damage;
• Damage reward in cases of procedural application to the court; 
• Judicial practice of the Appeal Court of General Jurisdiction regarding the contractor damage on the analysis of causal relation between the non-accomplishment of the contract and the derived damage;
• Aspects of the defining of the efficient damage and of the absence of profit; 
• Appeal of non-property damage from the non-accomplishment of contract;
• Aspects related to the method of calculation of extra contractor damage. 

In this training activity participated judges and state advocates of the Republic of Albania.