THE CREATION OF A FUTURE REAL ESTATE OBJECT, ROBLEMS AND JUDICIAL PRACTICES

Abstract

The Albanian citizens with the legislation of the year after 1990`s were entitled to be subject to new legal 
relations, relations which for a long time were excluded from civil circulation and legal regulation. Significant 
changes underwent the urbanization field focusing on real estate property, but these developments encountered 
uncertainty and confusion regarding the legal regulation of civil law, which made it difficult to determine these 
relations legal.  
What is important in fact is the problem of enterprises in the field of construction, which in most cases is difficult 
to discern whether the supremacy belongs to the created item itself, or to the activity that is exerted for its 
creation. When a land owner transfers this to the builder, who undertakes to pass in his possession a certain 
area of construction, at first glance it seems that we are before an exchange of an object that already exists with 
an object that will be created in the future. But in another case the same situation that emphasizes the above 
exchange can be associated with elements that belong specifically to enterprise contract.  
Such situations lead to difficulties in the fact that which norms will be applied to resolve potential conflicts. In our 
practice such cases are frequent. Difficulties have been encountered even in distinguishing whether in such 
cases we are dealing with a sales contract or enterprise, which has great practical and legal significance 
because for these two contracts are completely different the principles governing the transfer of risk, 
responsibility for defects of the property and its transfer. But in fact, irrespective of the name of the problem that 
plagues both sides is the fact of gaining ownership of the newly created object and the legal consequences that 
arise for the parties.