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Digital Property and Civil Law: Navigating legal challenges and opportunities in Albania’s evolving legal framework

Open Access
|Dec 2024

Abstract

In the rapidly evolving landscape of the digital age, the concept of property has expanded beyond traditional physical assets to include intangible forms of ownership such as digital property. This transformation presents significant challenges for civil law, especially in Albania, where legal frameworks have struggled to keep pace with technological advances. This article explores the definition of digital assets, focusing on the assessments that organizations, law institutions or states have made regarding the disposition, transfer and protection of these assets. The article examines how Albanian civil law, rooted in traditional notions of property and inheritance, addresses issues related to digital rights, including digital asset management, digital tokens, and broader applications within blockchain ecosystems. Through an analysis of national and international legal perspectives, the article identifies the main challenges in adapting existing laws to the challenging complexity of digital ownership. It also proposes possible mechanisms to ensure the effective integration of digital property within Albania’s legal system, drawing on legislative models from other countries.

By bridging the gap between technology and law, this manuscript aims to provide insight into how Albania can navigate the legal complexities of digital property and protect individual rights in an increasingly digital world.

DOI: https://doi.org/10.2478/bjir-2024-0024 | Journal eISSN: 2411-9725 | Journal ISSN: 2410-759X
Language: English
Page range: 42 - 56
Published on: Dec 10, 2024
Published by: International Institute for Private, Commercial and Competition Law
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2024 (C.) Sindi Caushi, published by International Institute for Private, Commercial and Competition Law
This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 License.