engleski

The Significance of Ius Commune in the Contemporary Croatian Legal System

The paper analyses the significance and role of the ius commune tradition as a source of contemporary law in Croatia. A lasting European tradition of ius commune culminated in the doctrines developed by the German pandectistic school which still forms the basis of the common European private law dogmatics. The author focuses on the indirect as well as direct influence of ius commune on the formation of contemporary Croatian law. Based upon the analysis, the author concludes that ius commune can be said to have the status of a source of contemporary Croatian law whose importance goes beyond their formal subsidiary status and presents a reflection of a wider European tradition of grounding contemporary legal orders in the foundations of the common legal culture.

ius commune; Croatian law; private law; civil law; sources of law; codification

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