Prescription: Types, Prescription Deadline and the Legal Consequences of Prescription

Prescription as an institution of law throughout the history of its development from the Roman era to the present day has reflected the development of economic relations in society, thus serving the security and clarity of legal-civil relations.

If the legal relations of the civil circulation due to the inaction of the holders of subjective rights would remain in a state of uncertainty or a prolonged wait, this would cause negative consequences for third parties if it were not for the prescription institute. Given that this institute expresses the important principle that legal-civil conflicts must come to an end and their resolution avoids the difficulty in the judicial process due to the passage of a long time from the time of committing the violation of the right object of the conflict, the question logically arises: Can an institute that deprives the owner of the right only because another person has possessed it for a long time be legally justifiable?

In the Albanian legislation, which is based on the Italian and French legislations, there are shortcomings in terms of this institution, where it is presented as the least analyzed by the doctrine in terms of the justification of the reason for its existence and creation, as well as the terms of execution.