Student Manual for the Croatian Legal History, ver. 1.0 (co-authors Mirela Krešić and Robert Parnica), 2012 (on-line aid) (original) (raw)
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The aim of the contribution is to examine the influence and significance of the French Code Civil for the Croatian legal culture from the beginning of the 19th century until the present day. The introductory part presents the basic features of the Code Civil as an exceptionally important civil code belonging to the European continental legal family. In that context, the most important characteristics of the Code Civil are briefly outlined, as well as its foundation in Roman legal tradition and its vital influence on civil law legislation in many European and non-European states in the 19th and 20th century. The central part explores the enactment of the French Code Civil in individual Croatian territories (Istria, Dalmatia, Dubrovnik, Civil Croatia and Croatian Military Frontier) starting from 1806, and its validity in the Croatian lands belonging to the Illyrian provinces (1809–1814) until the end of the French rule, that is until the gradual enactment of the Austrian Allgemeines bürgerliches Gesetzbuch (ABGB) (1814–1820). In that context, some other regulations that came into force during the French rule are briefly addressed, primarily Code de Commerce from 1807 which – unlike the short-term validity of the Code Civil – remained a source of the Croatian maritime commercial law until 1978. In the final part of the contribution the influence of the Code Civil on modern Croatian private law is analysed, especially in the sphere of law of obligations, as a particularly important aspect of the reception of French legal culture in the Croatian legal system in the 21st century.
Europe project. Please do not cite or quote without permission. Comments welcome at sbaric@pravri.hr and mmilos@pravri.hr. More information on the project is available here: https://europeanlawinstitute.eu/projects-publications/current-projects-feasibility-studies-and-other-activities/current-projects/common-constitutional-traditions-in-europe/ The Preamble of the Croatian Constitution charts a narrative of Croatian statehood that locates the primordial origins of the Croatian state in the seventh century and culminates with the contemporary Croatian constitutional order (Constitution of the Republic of Croatia 1990). It is within this chronicle that the term "tradition", i.e. "legal tradition", makes its only appearance in the constitutional document. Given that it is situated within the symbolic preamble of Croatia's fundamental act, as a basis of the Croatian-Hungarian Settlement of 1868, its role appears to be dwarfed by the rest of the preamble and the operative body of the constitutional text itself. It is the purpose of this paper to examine whether the textual insight from the preamble is reflected in the "living constitution" of the Republic of Croatia. Having been created out of the ruined Yugoslav federation in the dusk of the 20 th century, the Croatian constitutional order was envisaged as a break with the old, the old being the socialist legal, political and economic order. The development of the Croatian constitutional order was thus shaped by the twin effort to adopt the ways of liberal constitutionalism and succeed in the accession process to the EU. In the process, the contemporary Croatian state became more stable than the previous embodiments of its statehood (Jakovina, 2017) and has simultaneously proved to be a staging ground of what "tradition" entails. Whether this struggle includes a coherent notion of a "constitutional tradition", however, is more doubtful. We detail this claim by first focusing on the concept of a constitutional tradition in Croatian law (1.) We then examine its scope (2.) and continue by 1 1* Head of the Chair of Constitutional Law at the Faculty of Law in Rijeka; Vice-Rector for studies and students at the University of Rijeka. 2** Junior Faculty Member of the Chair of Constitutional Law at the Faculty of Law in Rijeka.
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Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century
The policy of a country’s legal area carries all the historical, legal history, political, socio-psychological, social, etc. the direct and indirect imprint of processes that it had to face in the past decades. This is also true for criminal policy. Moreover, there are few areas of law where the relationship between individual factors is so complex and multidirectional. The specific forms of state responses to crime and actions against behavior that offends or endangers society can change quickly, responding sensitively to society’s (perceived or real) expectations. After all, the basic phenomenon, the causes of crime, are also complex, and it is only possible to determine in retrospect which of the factors influencing illegal behavior played a specific role in its creation – at the same time, whether was the chosen criminal policy directions good. In the case of Central and East-European countries, however, there are common events that connect their past and present, and at the sam...
16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, 2016
After World War II, as a part of the communist SFR Yugoslavia, Croatia adopted distinctive concept of collective property rights which had important consequences on the development of its legal system, gradually departing from the European legal tradition and taking over the essential features of the socialist legal circle. In order to achieve collective interests, the authorities sought to create a social, and therefore a legal order "from above" by marginalizing civil law in favour of public law. This transformation affected to the greatest extent property law, especially the traditional rule of the legal unity of immovables - everything permanently connected to the ground is considered a part of it and shares the same legal status as the ground - which originated in Roman principle superficies solo cedit. Disregarding this legal rule, common to all European civil codes, resulted in compromised land registry system and lack of legal certainty. Through reforms of the legal system, after declaring its independency in 1991, Croatia started the process of returning to the civil law roots and European identity, it once was a part of. Although the legal unity of immovable was re-established and all the requirements on the normative level were satisfied, the consequences of privatisation are still present in practice due to insufficient application of the law and atavism of socialist legal reasoning and mentality. Despite some misconceptions that the former socialist countries due to the communist legacy resemble a juridical wasteland, whose legal systems are supposed to be build from ground up, the aim of the following contribution is to analyze the challenges of a legal system in transition in its process of rebuilding the civil- style mode of legal thought by returning to its Roman legal foundations
Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40 (2019) 2: 869-897. , 2019
The Croatian medieval lands were encompassed by Western European civilization and its culture, language and script, collectively referred to as orbis Latinus, but they were also lands in which there was a notable influence of different legal systems. In this paper, we will discuss combating corruption in Croatia in the Middle Ages: an example of Croatian legal documents – the Law Code of Vinodol (1288) and Statute of the island of Krk (1388). The first part of this paper is a general introduction, which defines history and legal history of Vinodol. The Law Code of Vinodol is in many ways a vital historical source, not only for legal history and linguistics, but also for knowledge of social structures in medieval Vinodol, the organization of the Church, and the ethnographic and cultural heritage. In the second part of this paper the focus will be on the Statute of Krk or Vrbnik, which is chronologicaly the second codex/statute written in the Croatian language and Glagolitic script. It is formally only a century younger than the Law Code, or Codex, of Vinodol from 1288, and was composed in the same year as the Latin-language Statute of Senj.
Legal Principles in Croatian Legal Science: Fundamental Character and Indeterminacy
Pravni vjesnik, 2020
The topic of legal principles has remained a well-discussed topic in legal theory since it first emerged from the discussions on the nature of legal norms and sources of law in the second half of the 20th century. Following the framework of the broader research on legal principles, this paper builds upon the analysis of how legal principles are understood in the Croatian legal science discourse. The fundamental character of legal principles has been recognized, but indeterminacy has not been given careful attention. This paper discusses open questions arising from the relationship between legal doctrine and legal theory in these aspects, with potential implications for solving conflicts among legal principles.
Medijska istraživanja, 2016
In the 19 th century, newspapers were the major public media in Croatia and the leading media for informing the public and disseminating new ideas aimed at a comprehensive modernization of Croatian society. During the revolutionary year 1848, Croatian newspapers discarded their former political pallidness that was conditioned by censorship. In conditions of (a short-lived) freedom of the press, they expanded the range of topics they covered and, in addition to news and offi cial information, they began to cover various political, social, cultural and economic topics thus becoming a platform for spreading modern, mostly liberal ideas. Based on an analysis of newspaper articles published in the liberally oriented Zagreb press, the present paper follows the course of the reform of the judiciary in the Kingdom of Croatia and Slavonia in the period of pseudo-constitutionalism (1849-1851). This paper especially attempts to determine the Croatian public's position on the need for judiciary reform, reform itself and the diffi culties accompanying its implementation. A signifi cant number of newspaper articles pertained to the activities of the judge as a major factor in the judicial system.
Balkan Social Science Review, 2020
Croatia has undergone significant infrastructural changes since the 1990s. The difficult process of transition to statehood caused far-reaching consequences of unemployment, increase of domestic and foreign debt, and growth of systemic corruption. In 2010 the Croatian Parliament amended the Constitution and abolished the statute of limitations for privatization and ownership transformation crimes committed during the Homeland War and peaceful reintegration. The abolition of the statute of limitations enabled Croatian justice to prosecute former Prime Minister Ivo Sanader for his part in war profiteering during the early 1990s, with the result that he was sentenced to long-term imprisonment in the Hypo bank case. However, in 2015 the Constitutional Court overruled this ruling, arguing that the abolition of retroactivity cannot be applied to those criminal offences for which the statute of limitations has expired before the Constitutional amendment entered into force. This decision made all criminal proceedings against war profiteers legally impossible, since in almost every case the statute of limitations had already expired in 2010. In this text, authors will analyze the decision of the Constitutional Court