Skip to the main content

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. 41 No. 3, 2020.

Original scientific paper

https://doi.org/10.30925/zpfsr.41.3.1

RECEIVING ROMAN LAW IN GLAGOLITHICAL SCRIPT: NOTARIAL PROTOCOL OF THE 1621 ARBITRATION OF MOŠĆENICE BASED ON ROMAN LAW (DISPUTE RESOLUTION)

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

Full text: croatian pdf 308 Kb

page 679-689

downloads: 419

cite

Abstract

The protocol of Petar Lazarić, who was simultaneously a domestic priest, prebendary and a notary of Mošćenice, dates back to 1621. It originated in Mošćenice and records in glagolithic script a resolution of a private dispute concerning the property division which was achieved in arbitration. Although the wording of the documents reveals the glagolithic script and is fully made in the Croatian language, if we go beyond that and explore the origins of the essential terms and expressions, we may reach a conclusion that the document substantially records Latin (or Italian) legal technical language which was slightly Croatised in the process of its adoption into the legal system of the commune of Mošćenice. Moreover, the content of the document puts forth legal principles, concepts and institutes of the extrajudicial dispute resolution which were consistently applied in Mošćenice following the model of arbitration in Roman law. All the essentials of the document at hand reflect the strong influences of the Roman legal tradition and the ius commune. The author provides an analysis in this paper which addresses all the relevant institutes that were applied in the arbitration dispute at hand referring to the procedural and substantive law at the same time. The author searches for the Roman model of these institutes, evaluates them from perspective of Roman and canon law of the Middle and New Ages and, finally, he brings this particular legal source in relation to the other two which originated in Mošćenice in the first half of the 17th century that both record significant influences of the Roman legal tradition of the time: The Statute of Mošćenice of 1637 and the boundary dispute between Lovran and Mošćenice of 1646.

Keywords

Mošćenice; arbitration; mandatory arbitration; property division; arbitration award; Roman law; canon law; ius commune

Hrčak ID:

250820

URI

https://hrcak.srce.hr/250820

Publication date:

17.1.2021.

Article data in other languages: croatian german italian

Visits: 2.038 *