engleski

Code Civil and Croatian Legal Culture

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.

Code Civil, Croatia, codification, civil law, Roman law

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