LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW

Public law unevenness of the territorial system in the Late Middle Ages resulted in the inability to interpret certain contractual obligatory institutes by using unique legal sources. For this reason, determining characteristics of certain legal institutes requires a very thorough analysis of those...

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Main Author: Jelena Kasap
Format: Article
Language:English
Published: Josip Juraj Strossmayer University of Osijek, Faculty of Law 2016-04-01
Series:Pravni Vjesnik
Subjects:
Online Access:http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4518
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author Jelena Kasap
author_facet Jelena Kasap
author_sort Jelena Kasap
collection DOAJ
description Public law unevenness of the territorial system in the Late Middle Ages resulted in the inability to interpret certain contractual obligatory institutes by using unique legal sources. For this reason, determining characteristics of certain legal institutes requires a very thorough analysis of those sources that are available, but often not applicable for representation of the institutes which were rarely implemented or implied establishing normal rules in everyday legal transactions. This is especially the case of the institute of commodatum, which, until the period of entry into force of the General Civil Code, was hardly subjected to formal legal regulation. This paper’s aim is, therefore, to seek to determine whether there is a general continuity in legal regulation of the institute of commodatum in the area which, due to the complex political circumstances, was subjected to different legal effects. This will be the way of filling the obvious gaps in the Croatian legal history science as regards loans, and of setting up a reliable basis for analyzing this institute in the contemporary law.
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spelling doaj.art-3ce76757c485405a95657cac1466a0eb2022-12-22T01:17:47ZengJosip Juraj Strossmayer University of Osijek, Faculty of LawPravni Vjesnik0352-53171849-08402016-04-0132177942836LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAWJelena Kasap0Katedra pravno-povijesnih znanosti Pravnoga fakulteta Sveučilišta J. J. Strossmayera u Osijeku, Stjepana Radića 13, 31000 OsijekPublic law unevenness of the territorial system in the Late Middle Ages resulted in the inability to interpret certain contractual obligatory institutes by using unique legal sources. For this reason, determining characteristics of certain legal institutes requires a very thorough analysis of those sources that are available, but often not applicable for representation of the institutes which were rarely implemented or implied establishing normal rules in everyday legal transactions. This is especially the case of the institute of commodatum, which, until the period of entry into force of the General Civil Code, was hardly subjected to formal legal regulation. This paper’s aim is, therefore, to seek to determine whether there is a general continuity in legal regulation of the institute of commodatum in the area which, due to the complex political circumstances, was subjected to different legal effects. This will be the way of filling the obvious gaps in the Croatian legal history science as regards loans, and of setting up a reliable basis for analyzing this institute in the contemporary law.http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4518srednji vijek, pravni izvori, posudba, pravna regulacija, Opći građanski zakonik
spellingShingle Jelena Kasap
LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
Pravni Vjesnik
srednji vijek, pravni izvori, posudba, pravna regulacija, Opći građanski zakonik
title LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
title_full LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
title_fullStr LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
title_full_unstemmed LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
title_short LEGAL REGULATION OF THE INSTITUTE COMMODATUM IN THE MEDIEVAL CROATIAN STATUTORY LAW
title_sort legal regulation of the institute commodatum in the medieval croatian statutory law
topic srednji vijek, pravni izvori, posudba, pravna regulacija, Opći građanski zakonik
url http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4518
work_keys_str_mv AT jelenakasap legalregulationoftheinstitutecommodatuminthemedievalcroatianstatutorylaw