Liability for Causing Damage under European Private International Law: Albanian Rapprochement Framework during the Integration Process Towards the EU

Abstract

In this paper, the responsibility for damage will be dealt with in the field of European private international law. The historical part of causing damage will be dealt with, where we will focus mainly on the provision of national legislation and what international legislation has dealt with! Responsibility will be addressed from the point of view of Regulation II of Rome, some special obligation relationships, focusing on some specific damages which this regulation deals with, and the scope of the appropriate law! The alignment of Rome II Regulation with Albanian internal legislation will be addressed. First, we will deal with the historical part of the paper, how it was treated at the time of Zog and until today, then we will continue with the treatment of the current and international legislation, bringing the comparative part and the innovation in the domestic legislation and will to conclude with some conclusions which should be in the attention of the legislators for the future. When a damage is caused, which comes as a result of human actions, a civil legal relationship arises. The damager who causes this legal relationship must be held responsible, this requires certain stages to be passed where it is determined what is the damage that has occurred, the conditions that must be met, the calculation of the facts, the legitimacy that the parties have process etc. The cause of damage is divided into two categories, contractual and non-contractual damage. That part of the law that regulates contractual and non-contractual damages recognizes the right of persons to be compensated for the damages that may have been caused to them as a result of the breach of contract or the commission of any illegal action. The other commonality between the two types of damages is the reason for exemption from responsibility for causing these damages, which can be force majeure, extreme necessity.

Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023