Civil Rights of Foreigners in Private Legal Relations

AuthorDukagjin Leka
PositionUniversity of Gjilan 'Kadri Zeka', Kosovo
Pages271-280
ISSN 2410-3918
Acces online at www.iipccl.org
271
IIPCCL Publishing, Tirana-Albania
Academic Journal of Business, Administration, Law and Social Sciences Vol. 2 No. 1
March 2016
Civil Rights of Foreigners in Private Legal Relations
Prof. ass. Dr. Dukagjin Leka
University of Gjilan “Kadri Zeka”, Kosovo
Abstract
The movement of people, goods, money, intellectual property and ideas, nowadays is a normal
phenomenon and important characteristic of the contemporary world, and certainly would
be characteristic for the future, even in a greater extent, when we consider the fact that
globalization today is one of the phenomena that has swept across the globe. Knowing the
fact that the intensification of legal relations with a foreign element as to the type and for the
content imposes various problems of law, which greatly appears repeatedly and stretches in a
new form and new dimension, so today in terms of development contemporary society in
general, there are no legal areas where no foreign element appears. For this reason, taking
into account the development and intensification of legal relations with a foreign element,
especially in the late twentieth century, with the dissolution of a significant number of countries
and the creation of new states there are new situations created, which seek diverse solutions
that would answer the interests of legal entities, which should be in accordance with the
principles of the international community and for this reason a study of this topic will be
analyzed.
Keywords: private-legal relations, foreign element, state, legal entities, international principles.
Introduction
Like any other branch of law, also the Private International Law has passed through
various stages of social development, being conditioned by social and economic trends,
as well as the development of productive forces and relations of production. For this
reason, it is important to note that the Private International Law, was modified more
and more over time, including institutes such as the legality, or legal conflict resolution
(Kuçi & Bilalli, 2006, 7-11). The circulation of goods and services from the producer
to the consumer, especially to the last consumer of those goods, influences the
perceptions of masses in political and ideological aspects, which fully involve in a
foreign element (international element) and create new legal problems that require
new legal solutions.
Civil Rights of Foreigners – Understanding
The term “civil rights”, is derived from Roman law, that included only Roman citizens
with full rights, and theright that belonged to “ius propriam civitatis” (Berger, 1953,
527). Regarding the origin of the expression “civil rights”, the words “civil rights”
must not be understood under French doctrine as all private rights, respectively the
civil rights, but only those that are reserved for local citizens, in other words, only
those private civil rights that are not treated as so-called “natural rights”, that belong
to every person (Gruda, 2010, 4-7) as well as foreigners. According to another point

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