INHERITANCE IN TERMS OF POSITIVE LAW AND CUSTOMART LAW, IN NORTH ALBANIA

This paper aims to emphasize a dialectic litigation between the positive law and the customary law in regard with inheritance, in the Northern part of the Republic of Albania. The conceptual analyses and boundaries inter alia these laws seem to be very difficult to understand which ones are more applicable. According to research, appears to be the “historical law” more applicable rather than an “applied law” which is regulated within the Civil Code and the Constitution of the country. The right of inheritance is the most visible part and presents how positive law is facing difficulties and obstacles to find application.Albania is very rich in the framework of Customary Law. The focus in this work will be at Kanuni i Lekë Duakagjinit. The legal sources of unwritten and later on written forms of Canons were always present in daily life in this area which regulated the “public” and private life of the individual and the society. The scope of the applicability of Kanuni i Lekës, now days, as an Customary Law on one hand concerning the Right of Inheritance for a woman and on the other hand the non-applicability of the positive law - The Right of Inheritance for woman and man, out speak the juxtaposition. Through the comparative approach will shed light on about the ambiguity upon the concepts. The patriarchal and patrilineal mindset is deeply rooted in the society and gives the arduous task to understand the ambiguity among the history and the present in the sense of legal skeleton.