IDEAS home Printed from https://ideas.repec.org/a/eur/ejisjr/216.html
   My bibliography  Save this article

Absolute Invalidity of Legal Actions and Trial of Relevant Lawsuits Pursuant to the Albanian Civil Procedural Legislation and Jurisprudence

Author

Listed:
  • Julejda Aliaj

    (Prof Asoc Dr , Department of Law, Faculty of Political-Legal SciencesUniversity “Aleksandër Moisiu†Durrës, Albania)

Abstract

Purpose of work: The Civil Code of the Republic of Albania provides no terms with regard to the validity of the legal action; however it sets forth the circumstances (legal facts) causing invalidity of legal actions. The purpose of this work is to analyze the essential elements of the legal action, which lack and ambiguity leads to action nullity. On the other hand, this work intends to present the interaction between material and procedural law and case-law with regard to the trial of those lawsuits dealing with absolute invalidity of legal actions. Research method: The methodology employed in this work relies on surveying and analyzing methods. Given its characteristics, this work is based on the qualitative methods to analyze the main elements of legal actions, which lack results in invalidity to nullity of such actions. The qualitative method includes the descriptive and interpretative method for trying lawsuits related to absolute invalidity of legal actions. Results: This work will give a clear picture of the concept of absolute invalidity of legal action and its trial pursuant to the Albanian procedural legislation and jurisprudence. Conclusions: Through this study we intend to make a deeper analysis on the absolute invalidity of legal actions, the causes of such invalidity and its trial pursuant to the procedural legislation and jurisprudence.

Suggested Citation

  • Julejda Aliaj, 2021. "Absolute Invalidity of Legal Actions and Trial of Relevant Lawsuits Pursuant to the Albanian Civil Procedural Legislation and Jurisprudence," European Journal of Interdisciplinary Studies Articles, Revistia Research and Publishing, vol. 4, September.
  • Handle: RePEc:eur:ejisjr:216
    DOI: 10.26417/ejis.v4i3.p68-71
    as

    Download full text from publisher

    File URL: https://revistia.com/index.php/ejis/article/view/1610
    Download Restriction: no

    File URL: https://revistia.com/files/articles/ejis_v4_i3_18/Aliaj.pdf
    Download Restriction: no

    File URL: https://libkey.io/10.26417/ejis.v4i3.p68-71?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Kaplow, Louis & Shavell, Steven, 2002. "Economic analysis of law," Handbook of Public Economics, in: A. J. Auerbach & M. Feldstein (ed.), Handbook of Public Economics, edition 1, volume 3, chapter 25, pages 1661-1784, Elsevier.
    2. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    3. Mora-Sanguinetti, Juan S. & Garoupa, Nuno, 2015. "Do lawyers induce litigation? Evidence from Spain, 2001–2010," International Review of Law and Economics, Elsevier, vol. 44(C), pages 29-41.
    4. Gravelle, H. S. E., 1990. "Rationing trials by waiting: Welfare implications," International Review of Law and Economics, Elsevier, vol. 10(3), pages 255-270, December.
    5. Virginia Rosales & Dolores Jiménez-Rubio, 2017. "Empirical analysis of civil litigation determinants: The Case of Spain," European Journal of Law and Economics, Springer, vol. 44(2), pages 321-338, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ignacio Ortiz Betancourt & Téllez María del Carmen Meza, 2021. "Social Media and E-commerce as Mechanisms to Enhance Entrepreneurship Among Graduate Students," European Journal of Economics and Business Studies Articles, Revistia Research and Publishing, vol. 5, September.
    2. Doménech-Pascual, Gabriel & Martínez-Matute, Marta & Mora-Sanguinetti, Juan S., 2021. "Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis," International Review of Law and Economics, Elsevier, vol. 65(C).
    3. Antonio Peyrache & Angelo Zago, 2020. "The (in)efficiency of Justice. An equilibrium analysis of supply policies," CEPA Working Papers Series WP042020, School of Economics, University of Queensland, Australia.
    4. Leonardo Felli & Alessandro Riboni & Luca Anderlini, 2007. "Statute Law or Case Law?," 2007 Meeting Papers 952, Society for Economic Dynamics.
    5. Lampach, Nicolas & Wijtvliet, Wessel & Dyevre, Arthur, 2020. "Merchant hubs and spatial disparities in the private enforcement of international trade regimes," International Review of Law and Economics, Elsevier, vol. 64(C).
    6. Yannick Gabuthy & Eve-Angéline Lambert, 2018. "Legal Advertising and Frivolous Lawsuits," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(3), pages 570-593, September.
    7. Stefan Voigt, 2016. "Determinants of judicial efficiency: a survey," European Journal of Law and Economics, Springer, vol. 42(2), pages 183-208, October.
    8. Bielen, Samantha & Peeters, Ludo & Marneffe, Wim & Vereeck, Lode, 2018. "Backlogs and litigation rates: Testing congestion equilibrium across European judiciaries," International Review of Law and Economics, Elsevier, vol. 53(C), pages 9-22.
    9. Juan S. Mora-Sanguinetti & Marta Martínez-Matute, 2019. "An economic analysis of court fees: evidence from the Spanish civil jurisdiction," European Journal of Law and Economics, Springer, vol. 47(3), pages 321-359, June.
    10. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2017. "Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data," CESifo Working Paper Series 6450, CESifo.
    11. Peter Grajzl & Katarina Zajc, 2017. "Litigation and the timing of settlement: evidence from commercial disputes," European Journal of Law and Economics, Springer, vol. 44(2), pages 287-319, October.
    12. Virginia Rosales & Dolores Jiménez-Rubio, 2017. "Empirical analysis of civil litigation determinants: The Case of Spain," European Journal of Law and Economics, Springer, vol. 44(2), pages 321-338, October.
    13. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
    14. Friehe Tim & Miceli Thomas J., 2017. "A Note on Trial Delay and Social Welfare: The Impact of Multiple Equilibria," Review of Law & Economics, De Gruyter, vol. 13(1), pages 1-15, March.
    15. Kathryn E. Spier, 2003. "“Tied to the Mast”: Most-Favored-Nation Clauses in Settlement Contracts," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 91-120, January.
    16. Giuseppe Dari-Mattiacci & Bruno Deffains, 2007. "Uncertainty of Law and the Legal Process," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(4), pages 627-656, December.
    17. Fotis, Panagiotis & Tselekounis, Markos, 2020. "Optimal Reduction of Cartel Fines induced by the Settlement Procedure," MPRA Paper 99154, University Library of Munich, Germany.
    18. Christian Gollier & James Hammitt & Nicolas Treich, 2013. "Risk and choice: A research saga," Journal of Risk and Uncertainty, Springer, vol. 47(2), pages 129-145, October.
    19. Antonio Acconcia & Giovanni Immordino & Salvatore Piccolo & Patrick Rey, 2014. "Accomplice Witnesses and Organized Crime: Theory and Evidence from Italy," Scandinavian Journal of Economics, Wiley Blackwell, vol. 116(4), pages 1116-1159, October.
    20. Jeong-Yoo Kim, 2010. "Credible plea bargaining," European Journal of Law and Economics, Springer, vol. 29(3), pages 279-293, June.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eur:ejisjr:216. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Revistia Research and Publishing (email available below). General contact details of provider: https://revistia.com/index.php/ejis .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.