[S. Mitić]

435 listova

Bibliografija: listovi 429-435.

History of law

The emergence of consensual contracts, primarily in Roman law, through the legal system of the South Slavs and the Kingdom of Serbs, Croats and Slovenes to modern law greatly facilitated everyday legal and economic transactions. The regulation of civil law, more precisely contract law, is a great indicator of the development of overall relations in a society. Thanks to the contractus consensuales and the foundations laid down in Roman law, whose legal rules have been adopted by the legal systems of the countries of the European continent, including the countries of the South Slavs, we can almost talk about the unification of legal rules in this area. The doctoral dissertation “CONTRACTUS CONSENSUALES IN ROMAN LAW AND THE LAW OF THE KINGDOM OF SCS”- comparative historical aspect and reflections in contemporary law” deals with both the origin of certain consensual contracts and their regulation in Roman law, as well as their adoption to a lesser or greater extent in the Kingdom of Serbs, Croats and Slovenes until modern law. The research analyzes consensual contracts regulated in Roman law through three periods: the pre-classical, classical and post-classical periods. The paper analyzes emptio-venditio, locatioconductio, societas and mandatum. Also, emphasis is placed on regulations in the Kingdom of Serbs, Croats and Slovenes. Namely, on the territory of the Kingdom of Serbs, Croats and Slovenes there were six different legal areas: Serbian, Montenegrin, Vojvodina (with Međimurje 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 bürgerliches Gesetzbuch - ABGB), which was applied in the Slovenian-Dalmatian legal area in its original form, in the Croatian-Slavonic area with amendments, in the Bosnian- Herzegovinian area, partly in Montenegrin (in Boka), the Serbian Civil Code that was applied in the area of Serbia and Old and Southern Serbia, the General Property Code for Montenegro, which regulated the legal rules of civil law for the Montenegrin legal area, and the Medjela, which was valid in Bosnia -Herzegovina area, there was a common denominator for all of them. It is Roman law as the basis for all the mentioned civil codes. That is why the legal rules relating to consensual contracts are regulated in a similar way in the areas of the six mentioned legal areas.

Rimsko pravo, konsensualni ugovori, pravo Kraljevine Srba, Hrvata i Slovenaca, šest pravnih područja

Roman law, consensual contracts, law of the Kingdom of Serbs, Croats and Slovenes, six legal areas

347.44.32(37+497.1)"1918/1929"(043.3)

H 300

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