Title (srp)

Contractus consensuales u rimskom pravu i pravu Kraljevine SHS: uporednoistorijski aspekt i refleksije u savremenom pravu


Mitić, Sara 1995-


Ignjatović, Marija V., 1974-
Ranđelović, Nebojša V., 1967-
Naumovski, Goce, 1977-
Đorđević, Aleksandar V., 1975-

Description (srp)

The emergence of consensual contracts, primarily in Romanlaw, through the legal system of the South Slavs and the Kingdom ofSerbs, Croats and Slovenes to modern law greatly facilitated everydaylegal and economic transactions. The regulation of civil law, moreprecisely contract law, is a great indicator of the development ofoverall relations in a society. Thanks to the contractus consensualesand the foundations laid down in Roman law, whose legal rules havebeen adopted by the legal systems of the countries of the Europeancontinent, including the countries of the South Slavs, we can almosttalk about the unification of legal rules in this area. The doctoraldissertation “CONTRACTUS CONSENSUALES IN ROMAN LAWAND THE LAW OF THE KINGDOM OF SCS”- comparativehistorical aspect and reflections in contemporary law” deals with boththe origin of certain consensual contracts and their regulation inRoman law, as well as their adoption to a lesser or greater extent inthe Kingdom of Serbs, Croats and Slovenes until modern law.The research analyzes consensual contracts regulated inRoman law through three periods: the pre-classical, classical andpost-classical periods. The paper analyzes emptio-venditio, locatioconductio,societas and mandatum. Also, emphasis is placed onregulations in the Kingdom of Serbs, Croats and Slovenes. Namely,on the territory of the Kingdom of Serbs, Croats and Slovenes therewere six different legal areas: Serbian, Montenegrin, Vojvodina (withMeđimurje and Prekomurje), Slovenian-Dalmatian, Croatian-Slavonian and Bosnian-Herzegovinian. In each of these areas,separate legislation as well as civil codes were applied. However,regardless of the application of different civil codes in these areas,the Austrian General Civil Code (Allgemeines bürgerlichesGesetzbuch - ABGB), which was applied in the Slovenian-Dalmatianlegal area in its original form, in the Croatian-Slavonic area withamendments, in the Bosnian- Herzegovinian area, partly inMontenegrin (in Boka), the Serbian Civil Code that was applied in thearea of Serbia and Old and Southern Serbia, the General PropertyCode for Montenegro, which regulated the legal rules of civil law forthe Montenegrin legal area, and the Medjela, which was valid inBosnia -Herzegovina area, there was a common denominator for allof them. It is Roman law as the basis for all the mentioned civilcodes. That is why the legal rules relating to consensual contracts areregulated in a similar way in the areas of the six mentioned legal areas.

Description (srp)

Bibliografija: listovi 429-435. Datum odbrane: 29.05.2023. History of law

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