Expanding the scope of legal protection in the draft law on late payments: the inclusion of natural commercial persons and independent professions

Expanding the scope of legal protection in the draft law on late payments: the inclusion of natural commercial persons and independent professions

The new draft law on "Delayed payments and contractual and commercial obligations" represents an important development in the process of aligning Albanian legislation with European Union standards, reflecting more fully the spirit of the Directive and the principles of legal certainty and effective protection of entities that exercise economic activity.

One of the aspects that has presented a debate in legal and judicial practice is related to the concept of "entrepreneurship" and the subjects that are included in the field of law enforcement.

This approach was also reflected in the jurisprudence of the Constitutional Court, which evidenced that the legislator had defined mainly commercial companies as subjects of commercial legal relations, excluding commercial individuals from this legal regime.

Reframing "Entrepreneurship"

In this context, the draft law introduces a fundamental reformulation of the notion of "entrepreneurship", defining that:

""Entrepreneurship" is any form of organization or entity, with the exception of a public authority, that acts within the framework of its independent economic or professional activity, even when this activity is exercised by a single person, as a commercial natural person or a free profession."

This new amendment extends legal protection directly to self-employed individuals and consolidates full contractual equality.

In our previous positions and analyses, we have emphasized that, in light of the Constitution, the European Convention on Human Rights and the obligations arising from the European integration process, Albanian legislation must guarantee equal treatment and effective legal remedies for any entity that independently exercises an economic or professional activity.

This reformulation constitutes an important step towards full harmonization with the European Directive, extending legal protection to natural commercial persons and independent professions, as well as further consolidating the principle of effective access to rights and equality in commercial relations.

The Old Frame

Exclusion of Free Professions

Only commercial companies enjoyed full protection for contractual interest.

New Draft

Full Harmonization with the EU

Full extension of legal protection.

Full Legislative Bill

Download the official Word document (DOCX) of the new draft law on the regulation of contractual obligations.

Download DOCX "Siguria juridike në tregun shqiptar arrihet vetëm përmes garantimit të barazisë së plotë kontraktore për çdo sipërmarrës dhe profesionist të lirë."