Training session on topic, “Inherited property before its division.”

In the context of the Program of Initial Formation, the School of Magistrates organized on 19 March, 2024 the training activity on topic: 

“Inherited property before its division; the replacement of the heir in the calling in legal inheritance in difference from the testamentary inheritance,    the legal meaning related to the   "circle of necessary testamentary heirs"; the role of the court; points of view of the doctrine and of the legal practice. The division of subject competence in the field of problems deriving from inheritance.”

• Artan Hajdari, Altin Shkurti, experts; 
• Arben Hakani, Elona Saliaj, facilitators. 

 The main purpose of this training activity is as follows: 

• The qualification  of judges on cases with object lawsuits with nature of inheritance, interpreting correctly the criteria imposed by law:

1. Regarding the Articles 343 and  347 of the CC;
2. Regarding the legal issues with specific importance for the judicial practice in the interpretation of the Articles  326, 361, 377 and  378 of the CC;  
3. Regarding the protection of property rights deriving from invalid testamentary inheritance;
4. Regarding the interpretation and application of the decision of the constitutional court no. 69/2023; 
5. Regarding issues of subject competence in lawsuits with object the opposition of the acts of notaries on inheritance, referring to law on the notary. 

In this activity were elaborated the following topics: 

• Inherited property before its division;  
• Provisional measures for the security of inherited property;
• The replacement of the heir in the calling in legal inheritance in difference from the testamentary inheritance;
• Testamentary replacer;
• Issues of subject competence in lawsuits with object the opposition of the acts of notaries on inheritance, referring to law on the notary;
• Protection of property rights deriving from the invalid testamentary inheritance; 
• The legal meaning related to the "circle of necessary testamentary heirs"; points of view of the doctrine and of the legal practice;
• Measures available by the law for the security of inherited property before the division to legal or testamentary heirs. The role and the function of the court versus notary acts. Judicial practice; Articles 343 and 347 of the CC; 
• The legal meaning related to the “circle of necessary testamentary heirs”; points of view of the doctrine and of the legal practice;
• The elaboration of the Judgment of the Constitutional Court no. 69, date 27.12.2023.