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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 40 No. 3, 2019.

Original scientific paper

https://doi.org/10.30925/zpfsr.40.3.1

ARBITRATION BASED ON THE MODEL OF ROMAN LAW IN THE BOUNDARY DISPUTE BETWEEN LOVRAN AND MOŠĆENICE OF 1646

Ivan Milotić orcid id orcid.org/0000-0002-6766-8609 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Full text: croatian pdf 379 Kb

page 987-1006

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Abstract

The boundary dispute between Lovran and Mošćenice of 1646 quite recently received some attention in the literature and was simultaneously adequately elaborated form palaeographic and philological point of view. Despite the fact that it is substantially a legal act, its legal content did not receive adequate attention of the scholars, which may primarily be said with reference to its institutes, terms and
expressions whose precision, accuracy and legal technical at first sight most evidently depart from the local feudal legal customs and legal traditions. Moreover, nevertheless that these terms and expressions were written down in Italian language of the time, they evidently represent Italianized version of terms, expression and legal concepts
that originally belong to Latin language. Additionally, their mentions in the document at hand have no resemblance to the usual medieval descriptions of the legal phenomena which have a little in common with normative language or to administrativefunctional style of that time which distinctively shaped the legal documents. Because all these indications suggest that the key terms, expressions and institutes pertinent to the boundary dispute between Lovran and Mošćenice (and its resolution) might be borrowed from the Roman legal tradition (which outreached this territory by means of ius commune) and the Romano-canonical process, this paper examines origin, roles and functions which were achieved in practice by their use in this particular legal matter. The paper will specifically explore the procedural mechanism which was
employed to reach settlement of the boundary dispute between Lovran and Mošćenice and will additionally provide a deeper insight into the possibility that in this particular case arbitration conceptually based on the Roman law was employed as the means of dispute resolution.

Keywords

Lovran; Mošćenice; boundary; demarcation; dispute; Roman law; arbitration; ius commune

Hrčak ID:

233519

URI

https://hrcak.srce.hr/233519

Publication date:

24.1.2020.

Article data in other languages: german italian croatian

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