Contractus consensuales u rimskom pravu i pravu Kraljevine SHS: uporednoistorijski aspekt i refleksije u savremenom pravu
Докторанд
Mitić, SaraМентор
Ignjatović, Marija V.Чланови комисије
Ranđelović, Nebojša V.Naumovski, Goce
Đorđević, Aleksandar V.
Метаподаци
Приказ свих података о дисертацијиСажетак
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.