Original scientific paper

THE INFLUENCE OF ROMAN, CANONICAL, CODIFICATION AND SHARIA LAW ON MARRIAGE AND DIVORCE REGULATIONS IN BOSNIA AND HERZEGOVINA

Ivona Šego-Marić orcid.org/0009-0005-1858-4109 ; Faculty of Law, University of Mostar
Ivana Marušić orcid.org/0000-0002-2689-2284 ; Faculty of Law, University of Mostar
Barbara Landeka ; Faculty of Law, University of Mostar

Abstract

Based on the analysis of relevant legal historical sources, authors determines and compares the influence of the norms of Roman law, the confessional norms of canon law, the norms of the European codifications of civil law that will finally unify the institution of marriage (while limiting themselves to the norms of the French Civil Code and the Austrian Civil Code), and the norms of Sharia law and how they all shaped and influenced the positive legal regulation of marriage and divorce in Bosnia and
Herzegovina. The topicality of the discussed topic is particularly highlighted in the understanding of the concept of marriage in confessional norms and the concept of marriage under civil law, especially if one takes into account the „duality of the form“ of entering into and dissolving a marriage, depending on whether it is a civil marriage or a religious marriage.

Keywords

marriage, Roman law, canon law, Code civile and OGZ, Sharia law, contemporary law of BiH

Hrčak ID:

315492

URI

https://hrcak.srce.hr/315492

Publication date:

25.3.2024.

Article data in other languages: croatian

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