engleski

Legal History of the Development of the Process of Forced Execution of Claims in Croatian Law

Although modern legal science, both Croatian and comparative, recognizes a specially defined legal institute for enforcing claims that is realized in the framework of a special procedure governed by the Enforcement Act, the historical context of the development of the mentioned institute, although undisputable, was not so uniform. It is well known in numerous legal-historical researches that the emergence of the first forms of compulsory setlling of the claims can be found in antique legal systems, but features inherent to that institute suitable for modern legal interpretation begin to be individualized in medieval law. When it comes to Croatian mediaeval law, it should be borne in mind that the determination of the mentioned institution can not be interpreted by means of unique legal sources. For this reason, the subject of analysis in this research will be the provisions of the medieval statutes of our coastal cities and the customary law that was valid in the area of Slavonia and a smaller part of Croatia through the Verbeci's Tripartite. Provided that solutions used to enforce compulsory settlements in some research sources that we are daling with in this research are marked by the common features (along with some variations) in the content of the research we are going to describe and critically analyze the provisions related to the composition and authority of the bodies that have conducted the procedure, the order of settlement and the consequences of not granting a claim in a special proceeding. The purpose of this research is to realize the filling of obvious gaps in Croatian legal-historical science when it comes to the development of enforcement proceedings. This will set the safe foundation for studying the institute in contemporary law.

process of forced execution of claims ; Croatian mediaeval law ; the customary law ; compulsory settlements ; enforcement proceedings

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