Original scientific paper

Gaiusian division of people in medieval Serbian law

Srđan Sarkić

Abstract

The renowned division of people, which the Roman lawyer Gaius made according to which all people be they free or slaves were divided, was also accepted in medieval Serbian law. The section taken from Espagnole, the Byzantine legal anthology from the 9th century is found in chapter 11 of part D of the Serbian translation of Sintagme Matije Vlasatra. However, that text does not cultivate social relations in Serbia in the 14th century. Serbian legal documents do not recognise the division of people between the free and slaves. In medieval Serbian law the expression čovjek (človek, ljudije) firstly meant dependant people (peasants) whom the texts place in opposition to the privileged class - vlasteli. The expression rob (rab) is rarely used. Editors of Svetosavskog Nomokanona (Zakonopravila) used it while translating some Greek expressions for a slave (ανδρατοδον δουλοζ, παιζ, οικετηζ, θεραπαινα). In Serbian legal texts the term slave is only met in one charter by Emperor Dušan in 1353. The class similar to slaves in Serbian legal sources is called otroci but the content and meaning of this legal term is very complex and requires a separate study.

Keywords

Gaius; separation of persons; medieval law Serbian

Hrčak ID:

37832

URI

https://hrcak.srce.hr/37832

Publication date:

15.11.2006.

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