Page 20 - Albanian law on entrepreuners and companies - text with with commentary

Constitution to areas other than criminal ones would be harmful because the resulting legal
vacuum would be against the very “legal certainty” principle.
Beyond the issue of the scope choice between the Civil Code and the Company Law,
some provisions in the Civil Code having a special application, given the nature and activity
of enterprises and companies, are, for instance, the ones on representation (Articles 64 et seq.,
especially Article 64 on legal representation), on the liability resulting from products (Articles
628 et seq.), on unfair competition (Articles 368 et seq.), etc.
In addition, some of the special forms of contracts provided for in the Civil Code
mainly apply to economic activities, and, as such, those forms of contracts are especially
relevant to enterprises.37
The Company Law has significant importance for partnerships. Moreover, the
provisions on simple partnerships of the Civil Code (Article 1074 et seq.) are also of
particular relevance for company law partnerships, since, given the similarity of these
business organizations, the Civil Code provisions on simple partnerships could, to the
applicable extent, also be applied by analogy to company law partnerships for matters not
regulated under the company law. The main differences between simple partnerships and
company law partnerships will be also discussed in this Commentary.
Finally, the impact of the Civil Code also includes some methodological aspects and
rules on application and interpretation. Special interpretation rules can be found in Articles
681 et seq. Civil Code for contracts. Such rules show that judges and jurists in general, are
positioned ‘between norms and facts’; they are not just following ‘the word of the law’, as this
would hardly ever resolve a case and satisfy the parties involved. Their legal work points in
both directions, especially in civil and commercial law cases: The adequate (‘just’)
application standard for a particular case which results in the acceptance or refusal of a
normative claim is determined by the interpretation of a legal provision and by the respective
legal consideration of the facts delivered by the parties who have the initiative in civil
procedure cases, as Articles 2 and 4 of the Albanian Civil Procedure Code show.
We will now start to comment on the provisions of the Company Law in order to
explain its normative substance.

37 For instance: services (Articles 850 et seq.), transportation (Articles 877 et seq.), commission (Articles 935 et seq.),
haulage (Articles 945 et seq.), commercial agents (Articles 950 et seq.), banking (Articles 1024 et seq.), franchising
(Articles 1056 et seq.), and insurance (Articles 1113 et seq.).
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