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The History and Origin of Fraud as a Defect in Consent in Contractual Relationships Hajdari, Egzonis
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.02

Fraud is a specific type of defect in consent that manifests the purpose of one of the parties to establish a contractual relationship through deceptive actions. As such, fraud is an unlawful and unethical action that emerged beginning with some of the earliest agreements in human society. Moreover, the practical treatment of fraud is likely to have occurred since the genesis of its appearance. More appropriate and advanced treatment of fraud can be seen after the implementation of the first legal systems, which focused on contractual relationships. Fraud in contractual relationships will be examined starting with Babylonian, Ancient Greek, Roman, and Islamic law and will continue with a focus on Albanian customary law and modern laws implemented in Kosovo. Furthermore, in this article, we will show how the treatment of fraud has evolved in the legal framework in Kosovo.

Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo Hajdari, Egzonis; Hajdari, Albulena; Hajdari, Azem
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.04

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.

The History and Origin of Fraud as a Defect in Consent in Contractual Relationships Hajdari, Egzonis
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.02

Fraud is a specific type of defect in consent that manifests the purpose of one of the parties to establish a contractual relationship through deceptive actions. As such, fraud is an unlawful and unethical action that emerged beginning with some of the earliest agreements in human society. Moreover, the practical treatment of fraud is likely to have occurred since the genesis of its appearance. More appropriate and advanced treatment of fraud can be seen after the implementation of the first legal systems, which focused on contractual relationships. Fraud in contractual relationships will be examined starting with Babylonian, Ancient Greek, Roman, and Islamic law and will continue with a focus on Albanian customary law and modern laws implemented in Kosovo. Furthermore, in this article, we will show how the treatment of fraud has evolved in the legal framework in Kosovo.

Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo Hajdari, Egzonis; Hajdari, Albulena; Hajdari, Azem
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.04

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.

Absent but Judged: A Comparative Inquiry into Trial in Absentia and Fair Trial Guarantees in Kosovo, Croatia, Albania, and Germany Hajdari Krasniqi, Albulena; Hajdari, Egzonis
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.01

This paper examines trial in absentia as a procedural mechanism that enables criminal proceedings to continue when a defendant evades justice or cannot be extradited, distinguishing it from civil proceedings where the respondent is absent from the hearing. While Croatia, Albania, and Germany have long recognized and applied this institute within their criminal justice systems, Kosovo excluded it from 1999 to 2019 during its post-conflict legal transition under international administration. Research on post-conflict states’ compliance with European human rights standards regarding trial in absentia remains limited. The reintroduction of this mechanism through Kosovo’s 2022 Criminal Procedure Code marks a significant shift in its procedural framework. Using legal, comparative, and analytical methods, the study examines legislation, judicial practice, and case law from Kosovo, Croatia, Albania, and Germany to identify convergences and divergences in the application of trial in absentia and to evaluate the influence of the European Court of Human Rights (ECtHR) jurisprudence on national legal frameworks. Findings reveal that although Croatia, Albania, and Germany have long implemented trial in absentia, ECtHR case law has occasionally identified inconsistencies with fair trial guarantees. Kosovo’s first trial in absentia in 2024 thus represents a crucial test for its reformed procedural framework. The study concludes that while efficiency in criminal proceedings is essential, it must not come at the expense of procedural safeguards and adherence to international human rights standards. By situating Kosovo’s evolving practice within established European models, this research contributes to comparative criminal procedure scholarship and the broader discourse on the normative boundaries of trial in absentia.

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