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Croatian-Hungarian Debates on Public Law (jus publicum)

Ladislav Heka ; Institut za poredbeno pravo, Fakultet prava i političkih znanosti Sveučilišta u Szegedu, Szeged, Mađarska


Puni tekst: hrvatski pdf 764 Kb

str. 1257-1292

preuzimanja: 4.281

citiraj


Sažetak

The study is about the Croatian-Hungarian public law debates that characterized the 18-19th centuries. The author describes the legal status of two countries, compares the relevant laws and scientific publications, adding his own observations and opinions, and sums up the relations of the two countries. In the discussed period the Kingdom of Croatia and Slavonia had its own rights and laws that provided for the autonomous status in Hungary and within the Monarchy. These rights and laws emphasised the separate territory of the Kingdom of Croatia and Slavonia, and the autonomy for the home affairs. The Ban of Croatia and Croatian Diet (Sabor) had rights for public administration and legislation. Though the role of the Sabor decreased during the 18th century, its resolutions signed by the sovereign were mandatory (vis legis) for the inhabitants of the country. The jurisdiction of the Kingdom of Croatia and Slavonia operated independent from the Hungarian courts, thus appeals against the Court of the Ban of Croatia could be submitted to the Curia (supreme court). In the joint territories only the Catholics could have estates, could hold a public office or could be employed as an officer of a squire. They paid only half of the Hungarian war tax, and they were exempted from accommodating militia and other obligations. Croatia had obviously wide autonomy, the frames of which were in a legal form, but the legal basis of the Hungarian-Croatian relation was not clarified. The expression “Croatian issue” included all public law debates that appeared in the Hungarian national assembly between 1790 and 1848. The basic questions were how the Hungarian-Croatian polity had been created, and what is the legal status of Croatia within Hungary, and in relation to Hungary. The debate on public law was not successful, and in the civil war of 1848 the two countries fought on opposing sides. Then came the period of absolute monarchy, and the separation of two decades ended in the 1st Act of 1868, the Croatian-Hungarian Settlement. Though the named Act was a necessary compromise, it could not bring solution for a long time. The Croatian-Hungarian state community – having existed for 816 years – split up in 1918, but the relation in terms of public law between the two nations is still interesting theme for scientific research today.

Ključne riječi

Croatia; Hungary; public law (jus publicum); iura municipalia; Croatian-Hungarian Settlement (Act 1:1868 in Croatia and Act 1868:30 in Hungary)

Hrčak ID:

116275

URI

https://hrcak.srce.hr/116275

Datum izdavanja:

30.12.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 5.909 *