Securing the Lawsuit in the Civil Process: Albanian Civil Procedural Law

Abstract

This paper focuses on dealing with the legal basis, mechanisms and importance of the institute of lawsuit insurance. The securing of the lawsuit is a temporary measure that is granted by the court, without fundamentally solving the case, when the conditions are proven by the applicant that there is a possibility of a serious and irreparable damage, from the execution of the administrative action or when it is suspected that the execution of the verdict will to become impossible or difficult . The securing of the lawsuit institute, as one of the oldest institutes of procedural law, has several characteristics that distinguish it from an ordinary judicial process. This paper will deal with the conditions of allowing, changing, appealing the securing of the lawsuit, the types and the difference between the securing of the lawsuit and temporary execution as decisions that are given by the court when it is suspected that the execution of the verdict on the plaintiff's rights would be impossible or difficult. Methodology: The scientific methodology used in this article is based on the research, analytical, comparative method. These methods have been used to study the concept of the securing of the lawsuit as part of the Albanian civil procedural law, seen in a comparative view between another civil procedural concept that of the decision with temporary execution.

Received: 5 October 2024 / Accepted: 10 November 2024 / Published: 3 December 2024