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In recent years, the European legislature and national parliaments have become more interested in allowing some types of intergenerational transfer before death. While the Albanian Civil Code establishes the invalidation of any succession agreement, other civil codes recognize some rights to dispose of or renounce the inheritance before death. This research investigates the possibility of implementing the Commission Recommendation of 7 December 1994 on the transfer of small-and medium-sized enterprises (94/1069/EC) in Albania by considering the Italian and German models. This contribution suggests that Albanian lawmakers could consider these models to align the Albanian legislation with the EU law

Although Albania is not part of the European Union, supranational law is vital in Albanian legislation. Among others, at the EU level, two of the most essential instruments dealing with (cross-border) succession law are the Regulation (EU) No 650/ 2012, which governs cross-border succession law, and the Commission Recommendation on the transfer of small arid medium-sized enterprises (Rec. 94/ 1069/EC), which is considered a soft-law document. Whereas the EU does not have general competence in private law, Articles 81, 114, and 115 TFEU allow the EU to regulate those elements of private law that create obstacles to trade in the internal market or judicial cooperation in civil matters. The findings here uncover the EU’s impact on Albanian succession law by considering the substantive succession law of the Civil Code and the Albanian international succession law.