Civil and legal responsibility of legal entities in Kosovo

• Pages: 151-163
• Date: 01 January 2021
• Published date: 01 January 2021
• Author: Albatrit Bytyçi

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 5 No. 1

January, 2021

ISSN 2519-1284

Acces online at www.iipccl.org

151

Civil and legal responsibility of legal entities in Kosovo

MSc. Albatrit Bytyçi 1

Abstract

In the civil law, hence without solely being limited to this branch of the law, the subjectivity

is also recognized to legal entities. As subjects of law, legal entities through their bodies or

representatives, enter into various legal relations (contractual or non-contractual). In the

following relations, legal entities shall be responsible for any action they take, even in cases

where they cause damages. Damages can derive from or as a result of non-fulllment (not

good, partially or not at all) of obligations, non-contractual damages to the worker, third

parties, or even items.

When the damage comes from the legal entities, then we say the legal responsibility for the

legal entity is weaved. The following responsibility against the legal entities has not previously

been accepted, as during the development of legal history there were a lot of thoughts

(theories) whether shall or shall not legal entities be hold responsible for the damages they

cause. The objections have always prevailed in the direction that the legal entities have no will.

Nowadays, the following aitude has been exhausted enormously, hence the civil and legal

responsibilities, and broader for the legal entities we can nd it in every positive law.

Therefore, in this perspective, through this paper it is presented the role of the responsibility

in the point of view of the civil law, the responsibility which, as it was stated above, it was

always part of the polemic discussions to be or not to be, as well as if there is any, in what

terms it shall be.

Keywords: Civil and legal responsibilities, legal entities, contractual or non-contractual

damage.

Introductory reviews

(Subjects of civil law)

In civil law, the subject of law means the bearer of rights and obligations. Subjects

of law can be either dierent physical persons, or collectives, groups, communities

of physical persons viewed as a whole. In other words the subjects of law may be

physical or legal entities 2.

These people, in order to be subjects of law, must possess capacities. The capacity of

physical or legal entities to be bearers of rights and obligations is called legal capacity 3.

This capacity of individuals hammered from the moment of birth, and exceptionally

even before birth, when nasciturus, serves as the ction of the subjective creation

(legal power) to inherit. In legal persons, this capacity is created in dierent ways,

either according to the presentation (recognition), or according to the law (ex lege), or

according to the registration. The laer way is the one that occurs most oen and that

plays the crucial role of creating the legal person. Indeed, disputable is the fact that

 1 Albatrit Bytyçi, has nished the post-graduate studies in the civil – legal branch at the University of Prishtina

“Hasan Prishtina”, Prishtinë.

 2 Gams, A, Introduction to Civil Law, 1986, page. 113.

 3 Ibid.