SVIBOR - Papers quoted in CC - project code: 5-03-222
MINISTRY OF SCIENCE AND TECHNOLOGY
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SVIBOR - Collecting Data on Projects in Croatia
Papers quoted in Current Contents on project 5-03-222
Quoted papers: 12
Other papers: 72
Total: 84
Title: Law, History and Society: General Legal History at the
Legal Academy in Zagreb (1850-1874)
- Authors:
- Čepulo, Dalibor (135814)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 6
ISSN: 0350-2058
Volume: 43
Year: 1993
Pages: from 727 to 754
Number of references: 36
Language: hrvatski
Summary: Programmatic, methodological and legal-philosophical
features of the university subject General Legal History are associeted
with cultural and political processes and events in Croatia as well as with
the movements in German legal-history circles. There factors determined the
beginning, definition and framework of the subject. Therefore, it appears
as a prysm through which political and cultural determinants of the period
when the formation of modern Croatia are reflected. Part of the article
also deals with the subject Encyclopaedia of Law.
Keywords: Legal history, legal culture, legal education, history of ideas, history of university.
Title: H. Wellenrenther: German and American Constitutional
Thought. Contexts, Interaction and Historical Realities
- Authors:
- Čepulo, Dalibor (135814)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 2
ISSN: 0350-2058
Volume: 45
Year: 1995
Pages: from 238 to 241
Language: hrvatski
Summary: There are numerous tangible points between the American and
German constitutional thought. Similarities and differences can be
explained with a refference to the situation in the legal culture of the
two nations. The author stresses the particular importance of the
impeachment. Considering the reception of the German model in Croatia,
German-American comparative topics appear to be important for the Croatian
legal thought.
Keywords: Legal history, legal culture, constitutional law, history of ideas.
Title: The Rules of Procedure of the 1921 Constituent Assembly of
the Kingdom of the Serbs, the Croats and the Slovenes
- Authors:
- Engelsfeld, Neda (11252)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 6
ISSN: 0350-2058
Volume: 44
Year: 1944
Pages: from 377 to 417
Number of references: 23
Language: hrvatski
Summary: The Common State of the Serbs, the Croats and the Slovenes,
which was created by enactment of the Constitution in 1921 and which was in
effect until the proclamation of the dictatorship on January 6th 1929, has
been discussed not only by analyzing the Constitutional regulations but
also by analyzing the way of enactment of the Constitution itself. In this
process the Rules of Procedure were of the greatest importance, because
they enabled the Constituent Assembly to vote by majority for Pašić's
Constitutional Draft, by which unitarian and centralized monarchy was
defined.
Keywords: The Kingdom of the Serbs, the Croats and the Slovenes, Constituent Assembly, Constitution, The Rules of Procedure, Constitutional Draft, monarchy, dictatorship.
Title: Thomas Jefferson and Political Philosophy
- Authors:
- Kurtović, Šefko (24945)
Journal: Politička misao
Number: 2
ISSN: 0032-3241
Volume: 31
Year: 1994
Pages: from 45 to 62
Number of references: 43
Language: hrvatski
Summary: The author writes about Jefferson's political philosophy.
Jefferson wrote numerous texts but they do not amount to a political theory
or a doctrine because he was not interested in theoretical but solely
technical and practical issues. This makes him a typical 18th century
lawyer of the common law vein. The author suggests that, although Jefferson
was first and foremost a statesman and his judgements were politically
tainted, he was nevertheless the most educated statesman ever among
American presidents.
Keywords: Thomas Jefferson, political philosophy, enlightenment, lawyer of the common law, legal history.
Title: The US Declaration of Independence and Its Significance
- Authors:
- Kurtović, Šefko (24945)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 2
ISSN: 0350-2058
Volume: 45
Year: 1995
Pages: from 159 to 196
Number of references: 72
Language: hrvatski
Summary: The Declaration of Independence was the expression of
socially and politically conservative forces and at that time with no
constitutional or legal importance. Thirteen American colonies responded to
the expansionism and colonialism of European powers with their own
colonialism in the form of the right to expand across the entire continent.
The Declaration enunciated the reasons for secession from the British
crown and it was sent primarily to countries from which help was expected,
i.e., France and Spain. It was strongly supported by the Southern slave
states as a reaction to the governors' call to the Indians and black slaves
to join the British cause in return for freedom.
Keywords: The Declaration of Independence, conservative forces, colonialism, secession colonies, natural rights, sovereignty, legal history.
Title: About the Rules of the Inheritance According to the
Vinodol Code
- Authors:
- Apostolova-Maršavelski, Magdalena (28975)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 2
ISSN: 0350-2058
Volume: 45
Year: 1995
Pages: from 213 to 223
Number of references: 20
Language: hrvatski
Summary: According to the article 32 of the Vinodol Code, its
subordinate is inherited by male descendants in infinitum, but if there
aren't any then the successors are the sons of "areditiranih" daughters.
The opionion prevails (Barada, Kostrenčić, Margetić) that daughters are
"facultative" successors. According to the interpretation of the authoress,
daughters are not successors to the decedent at all, not even
"facultative", but possibly - if it suits to higher authorities - only his
co-negotiators inter vivos affair of taking over the property under the
same or changed conditions, so she suggests the correction of the accepted
order of the inheritance. In this study this regulation of the Vinodol Code
is compared to regulations of the Statute of Korčula, feudal law of Novalja
and the Statute of Trsat.
Keywords: Vinodol Code, statutes, feudal law, Middle Ages, legal history, law of inheritance, daughter-successor.
Title: Some Questions of Legal and Social Positiom of the
predialists Bishop's of Zagreb
- Authors:
- Apostolova-Maršavelski, Magdalena (28975)
Journal: Croatica Christiana Periodica
Number: 33
ISSN: 0350-7823
Volume: XVII
Year: 1994
Pages: from 91 to 100
Number of references: 30
Language: hrvatski
Summary: The authoress analyzes the prevailing thesis that
predialists of the Bishop of Zagreb were pecuniary lessees of his land
which means that in return for the use of his land they owed him military
services (so called ekvitature). She confirms her researches with the
arguments which, based exclusively on the sources, show that predialists
had so called ius perpetuum possidendi, that is dominium utile, and they
were privileged social stratum, through which the bishop accomplished his
administration over his regions. Their "rent" was symbolic and "signum" of
tribute of the lordship of the bishop and they had certain public-legal
authorities and solid class organization as well (XIVth ct.).
Keywords: Zagreb Bishopric, Middle Ages, legal history, lease, ius perpetuum possidendi, predialists, military service.
Title: Legal Status of Freedmen in Salona
- Authors:
- Smodlaka-Kotur, Antonija
Journal: Zbornik radova Pravnog fakulteta u Splitu
Number: 1
ISSN: 0584-9063
Volume: 30
Year: 1993
Pages: from 133 to 143
Number of references: 19
Language: hrvatski
Summary: Freedmen were of significance in the townlife of the Roman
state in the period of Principate. Epigraphic monuments (the sepulchral one
in particular) are the only valuable source for the study of the life of
freedmen in the Roman province of Dalmatia, particularly in the towns
Jader, Salona and Narona. Salona is the richest locality in the
inscriptions mentioning freedmen. Basing the research upon her analysis of
numerous inscriptions and legal sources of Roman law, the authoress
distinguishes characteristic legal relations which evolved according to the
regulations of the contemporary Roman law.
Keywords: Legal history, Roman law, Principate, Dalmatia, Salona, freedmen, manumission, epigraphic monuments.
Title: Alumni. Legal Status in Roman Dalmatia (The Dalmatian
Evidence)
- Authors:
- Smodlaka-Kotur, Antonija
Journal: Revue Internationale des Droits de l'Antiquite
ISSN: 0556-7939
Volume: XLI
Year: 1994
Pages: from 391 to 409
Number of references: 22
Language: engleski
Summary: 70 epitaphs from the Roman Province of Dalmatia from the
time of the Later Principate mention alumni as foster-children. 66 of them
are from Salona. That is a significant fund in the framework of all
inscriptions which mention alumni. The authoress suggests that this
relationship of quasi-adoption was as significant in Salona as it was in
Rome and some other towns in Italy at the same time. We can recognize
several information which are of interest for the understanding of this
specific lifelong family relationship. Its contents does not depend on the
general legal status of alumni. Contemporary legal sources are a reliable
proof that alumni were a cathegory with special legal status.
Keywords: Legal history, Dalmatia, Salona, Principate, family, adoption, foster-child, alumnus, foster-parent.
Title: "T F I" on Inscriptions of Salona
- Authors:
- Smodlaka-Kotur, Antonija
Journal: Revue Internationale des Droits de l'Antiquite
ISSN: 0556-7939
Volume: XL
Year: 1993
Pages: from 317 to 330
Number of references: 19
Language: engleski
Summary: The sepulchral inscriptions from Salona prove that the
testaments of certain groups of inhabitants in the 1st and 2nd centuries
A.D. contained the testator's order (iussum) "monumentum facere". He
determined the amount of money to be spent for the construction of the tomb
and gave the building instructions. He sometimes entrusted a person of
confidence with the decision about the form of the tomb and the way of
building. On the basis of the epitaphs and legal sources, the authoress
considres that this iussum is an early example of the postclassical modus,
which was most probably the first one to obtain the direct legal protection
already in the times of Principate.
Keywords: Legal history, Dalmatia, Salona, Principate, testament, testamental order, testator, successor.
Title: The Role of the Mažuranić Family from Novi Vinodolski in
the Legal, Political and Cultural History of the Croatian People
- Authors:
- Sirotković, Hodimir (43340)
Journal: Rad Hrvatske akademije znanosti i umjetnosti. Razred za
društvene znanosti
Number: 465
ISSN: 1330-0768
Volume: 32
Year: 1993
Pages: from 151 to 170
Number of references: 31
Language: hrvatski
Summary: The author wrote about distinguished members of the Novi
Vinodolski family Mažuranić. Antun Mažuranić (1805-1888) published for the
first time the text of the famous Vinodolski Code dated 1288. Ivan
Mažuranić (1814-1890) was Croatian writer, distinguished lawyer and
politician, and the only Croatian Ban who was of common (i.e. non-noble)
descent. He wrote the epic poem The Death of Smail-ag(h)a Čengić and
published German-Ilirian Dictionary, the first modern-style dictionary in
Croatia. He wrote law articles and manifestos of the Croatian Sabor. He was
appointed the Cancellor of Croatian Ministry in Vienna. During his Ban
tenure Ivan Mažuranić introduced some important judicial, administrative
and educational reforms in Croatia and in the same period a modern Croatian
University was established. Vladimir Mažuranić, son of Ivan, is known for
his work Contributions to the Croatian Legal-Historical Dictionary in
eleven volumes which is an important source for the study of Croatian legal
and economic history. Other members of this family were also distinguished
personalities each in its field of interest (politics, army, literature).
Keywords: Legal history, history, Croatian history, Novi Vinodolski, Mažuranić family, Antun, Ivan, Vladimir.
Title: The Basic Features of the System of Punishment in the
Communal Society of Šibenik in Medieval Dalmatia
- Authors:
- Jaramaz, Ivana
Journal: Hrvatski ljetopis za kazneno pravo i praksu
Number: 1
ISSN: 1330-6286
Volume: 1
Year: 1994
Pages: from 270 to 307
Number of references: 95
Language: hrvatski
Summary: Based on the Statute from 14th ct and subsequent
functioning of the city Great Council for two hundred years in this paper
the authoress presents the essential features of the criminal law in
general (sources and influences, place and system, the role of subject and
object of crime), as well as basic criminal law institutes (guilty,
attempt, common commitment, necessary self-defence) with special emphasize
on forms of criminal reactions in the medieval community of Šibenik (death
penalty, corporal punishment, expulsion, fine, confiscation of property,
imprisonment). Analysing the published archival material the authoress
tends to find out how the spare traces of criminal jurisdiction from 14th
ct and particularly 15th ct, meant the application of the statutary
criminal law system of the community or its supplementation. She concludes
that fiscal interests of the community contributed to surmounting the
public-law character of criminal law and established fine the main form of
criminal reaction.
Keywords: Legal history, Middle Ages, Dalmatia, Šibenik, criminal law, Statute, punishment.
Title: The Statute of Rijeka 1530. regarding property-rights
relations
- Authors:
- Petranović, Anamari (160283)
Number: i Vi
ISSN: 953-6066-11-4
Volume: Svet
Year: 1995
Pages: from 57 to 67
Number of references: 107
Language: hrvatski
Summary: The authoress presents the genesis of the statutory law in
medieval Rijeka, data & structure of Statute 1530. Legal lacunae and
reference for application of ius commune (subsidiary character of Roman
law) issue the roman pattern (statutory particulars of ownership,
servitudes, possession reduced to criminal protection, consensual rules of
formal requirements in acquisition of dominium).
Keywords: The Statute of Rijeka 1530, ius commune, medieval property-rights, reception of Roman law, legal history.
Title: The Church and the Statute of the Community of Rijeka from
1530
- Authors:
- Bartulović, Željko (161600)
Number: i Vi
ISSN: 953-6066-11-4
Volume: Svet
Year: 1995
Pages: from 69 to 90
Number of references: 107
Language: hrvatski
Title: The Legal Aspects of Brotherhoods in the Middle Ages with
a Retrospection on Rijeka
- Authors:
- Bartulović, Željko (161600)
Number: i Vi
ISSN: 953-6066-11-4
Volume: Svet
Year: 1995
Pages: from 109 to 125
Number of references: 108
Language: hrvatski
Summary: In this work the author deals with the theme of
brotherhoods during the Middle Ages with a specific retrospection on the
area of Rijeka. Brotherhoods are firstly religious Catholic orders that
bring belivers together for the purpose of promoting the cult of some
particular Christian saint, sacred rites or virtues. The first part of the
work deals with the brotherhoods in accordance with basic activities
(religious, secular, spiritual in the domain of art, miscellaneous and
superbrotherhoods), thereupon the internal organization of the brotherhoods
and their officials (gastalds, judges, sacristans, notaries, prioress,
protector-donator, fraternity chaplain), and the membership in general.
This is followed by a section referring to the statutes and the economic
power of the brotherhoods. The third part of the work quotes the
brotherhoods that were active in the area of the city of Rijeka from the
Middle Ages to the 20th century, especially their extinguishing through
administrative measures in the course of the 18th century. The work mainly
underlines the neglected aspect of activities outside of the scope of
religion, namely dealing with social problems (for instance, care for the
sick, old and poor members, the burials of the dead, etc.) which may be
compared to contemporary unions, political associations and government
services that have taken over these functions.
Keywords: Middle Ages, law, history, Croatia, Rijeka, Church, brotherhoods.
Information: svibor@znanost.hr
