Pregledni rad
Historical Aspects of the Impact of the Law of Eastern Adriatic Towns on the Law of Medieval Bosnia (Europeanisation of the Bosnian Law?)
Dževad Drino
; Pravni fakultet Univerziteta u Zenici, Zenica, BIH
Benjamina Londrc
; Pravni fakultet Univerziteta u Zenici, Zenica, BIH
Sažetak
The development of the Croatian law is characterised by an interesting plurality of legal phenomena where certain areas have shown a huge variety of takeovers and upgrades of the post-classic Roman law, Byzantine law, Frankish-Lombardian law, Venetian and Hungarian
law, superimposed on the rich foundation of Slavic customary law. In this process, certain regions influenced the laws of neighboring countries, such as the Banate of Bosnia in particular and the Kingdom of Bosnia from 1377. This was certainly more important in the field of public law, but it is far more widespread and richer in the domain of private law. Medieval Croatian law is one of the varieties of medieval European law (ius commune), and in this way the institute of medieval European private law was accepted in the legal system of medieval Bosnia. There is no doubt that the influence of the law of the Republic of Ragusa was the most prominent e, so that the most important Bosnian legal historian Mustafa Imamovic (1941–2017) identified its impact to be so large that he rightfully proclaimed it as an auxiliary source of law in Bosnia. The effects of the laws of other Eastern Adriatic towns were often ignored and disregarded even in the period when the Dalmatian towns of Split, Trogir and Šibenik and the islands of Brač, Hvar and Korčula, were part of the Bosnian state. Bosnian kings issued a total of nine charters to Split, four charters and two letters to Trogir, four charters to Šibenik which regulated the relations between Croatian towns and the Bosnian hinterland, reflecting the norms of private law. Although these were by no means one-way relations, this led to the spread, transformation and acceptance of the norms of the statutory rights of Croatian towns in the Bosnian hinterland, and thus to the process of the first Europeanization of the Bosnian law, while the second one was brought by the Saxon miners with their traditional mining rights and freedoms.
Ključne riječi
Bosnia; Croatia; custom; law; Middle Ages; hinterland
Hrčak ID:
183848
URI
Datum izdavanja:
30.6.2017.
Posjeta: 1.466 *