Pregledni rad
https://doi.org/10.30925/zpfsr.41.2.6
THE OATH AS THE TOOL OF EVIDENCE IN THE CODE OF VINODOL
László Heka
; Pravni fakultet Sveučilišta u Szegedu, Institut za poredbeno pravo i pravnu teoriju, Szeged, Mađarska
Sažetak
The Code of Vinodol, the oldest Slavic code, was compiled in 1288. It can be classified as one of the important cornerstone in European medieval law. According to this particular code, the legal processes were accusatorial, oral and public. During the evidentiary process oath, mainly by the side of the accuser, was required. The accused party on the other hand could used oath in case of sexual violence. Later the oath of compurgators played an important role in the process. The number of compurgators ranged from 5 to 49 based on the seriousness of the crime. In case of sexual violence, compurgators swore to the innocence of the accused party. In absence of compurgators, the accused had to take as many oaths as many compurgators were
lacking. It is presumed that the institution of jury and the institutionalization of testimony and documentary evidence are the result of the development of medieval litigation and oaths. This study compares the evidence process of Code of Vinodol with other Slavic processes, with special regard to the role of oaths and compurgators.
Ključne riječi
Code of Vinodol; oath; compurgators; evidentiary procedure; Ruskaja pravda
Hrčak ID:
244132
URI
Datum izdavanja:
24.9.2020.
Posjeta: 2.744 *