The Inheritance of Immovable Property in Private International Law

Abstract

Succession, as one of the fundamental institutions of civil law, acquires a particular dimension within the framework of private international law due to the foreign element accompanying juridical–civil relations. This paper examines the regulation of succession of immovable property, following a historical, theoretical, and comparative analysis of its development in private international law and Albanian legislation. It first outlines the concept of succession and the meaning of the foreign element, focusing on doctrinal debates between Savigny and Mancini regarding the applicable law. Subsequently, through a historical lens, it explores practices in Roman law, customary law, and their influence on modern legal systems. At the national level, the study analyzes the transition from succession regulation under the Ottoman period to the Civil Code of 1929, then to the Civil Code of 1994 and Law No. 3920/1964, before turning to the innovations introduced by Law No. 10428/2011 “On Private International Law.” The latter introduced significant novelties, such as a clearer distinction between movable and immovable property, the principle of lex rei sitae, and the incorporation of party autonomy through professio iuris. The paper also addresses the conflicts between the principle of unitary succession and the divisionist system, as well as the divergent approaches of civil law and common law traditions. The conclusion emphasizes that the plurality of regulatory frameworks generates practical challenges for heirs, often resulting in divergent treatments of the same estate. For this reason, harmonization of Albanian legislation with European standards emerges as a necessity to ensure legal certainty and predictability in cross-border succession matters.