Original scientific paper
Viktor Palić
; Commercial Court, Osije, Croatia
Abstract
The middle-age history of Dubrovnik notified frequent conflicts among citizens or between foreigners and citizens. The city had a mixed court council forsolving conflicts in the region of Dubrovnik hinterland.
If court procedures were in Dubrovnik, they took place in front of a Grand Duke and his judges but if outside Dubrovnik, priciples based on charters and agreements were applied. According to the Statute of Dubrovnik in 1272, a Small Council represented both administrative and judiciary power. A member of the Small Council was called an iudex or a consul. Some time later, the Big Council received a more prominent role obtaining the right to choose the judges. Although chosen only among nobility, judges were shortly afterwards separately selected either for civil or criminal cases. Court appeals were sent to the Senate. Marine procedures could be dealt by arbitration courts which developed later into the institution of maritime consulate.
Court decisions of certain cases were kept in thorough transcripts with notified damage compensations, punishments types and dispute settlements. It is emphasized in this text that Middle-age courts in Dubrovnik not only passed the official court decisions but acted also as conciliators between the opposing parties in order to peacefully solve conflicts. They had a very subtle sense of justice in avoiding any kind of damage or injury. Determination of Dubrovnik judges for fast and appropriate actions demands our full attention, along with their justice in applying compensations and pronouncing sentences.
At that time, Dubrovnik was admired by Europe for its court procedure methods, being the exception from the middle-age darkness, showing justice and honorableness.
Keywords
Hrčak ID:
77783
URI
Publication date:
28.5.2007.
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