Problèmes de réception du droit coutumier dans les codifications du droit civil en Serbie et au Monténégro du XIXe siècle : questions théoriques et législatives des sources du droit

Abstract

Three topics are treated under the above title: the significance
and contents of the problem of reception of customary law; the problem
of sources of the Serbian 1844 Civil Code; customary law as a
source of law in the codification in Montenegro. The author shows on
the ground of relevant material of legislative provenience that both
in Serbia and Montenegro customary law has been an important kind
of sources of law. Although Serbian Code was modeled after the
Austrian Civil Code, many institutions of Serbian unwritten law have
been included into it. In thé Montenegrin General Property Code of
1888, whose author was famous protagonist of customary Law Valtazar
Bogišić, numerous institutions of folk law were included in the
legislative text, such as homestead, brotherhood and tribe as subjects
of property law, regulation of irrigation of fertile land, proemption,
right in relation to land, contracts in the field of agricultural work etc.