• Product liability in Albania

RENAN BERATI

Product liability in Albania

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Allegato See attachment

Product liability in Albania is regulated by the Albanian Civil Code
and Law “On consumer protection” (“Law 9902”). Article 628 of the Albanian Civil Code provides that “producers” are liable of all damages (to persons or property) resulting from defective products (with the exclusion of agricultural products and products resulting from hunting).

Nevertheless, Article 628 provides for some exemption from liability circumstances, as follows: i) the producer has not put the products into circulation; ii) under proven circumstances, it is estimated that the defects that caused the damages did not exist at the time when the product was put into circulation or these defects subsequently appeared; iii) the product was not produced for the purpose of sale or for any other form of distribution, with a specific economic purpose of the producer, neither it was produced or distributed under the framework of an undertaking or professional activity; iv) the defects resulted from the fact that the product was in compliance
with the rules determined by public authorities; v) technical and scientific knowledge were not able to identify the defects when the product was put into circulation; vi) it is the production of a raw material or the manufacturing of a component part of the product, which resulted in the defect when the whole product is manufactured, or as a result of erroneous instructions given by the
producer of this product.

in the light of the above and taking into account the provisions of Article 629 of the Albanian Civil Code according to which the producers’ liability is mitigated when a fault of the damaged person has contributed to the damage, we can conclude that product liability in Albania is fault based.

Product liability is non-contractual. As a matter of fact, it is the producer that is liable for damages caused by its products and the contractual relation between the damaged person and the producer is not a condition to the liability.

As per Law 9902, for the breach of mandatory obligations, administrative contravention or even criminal penalties are imposed by the same Law 9902.

Wed Jun 10 00:35:30 CEST 2015




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