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The principle "alterum non laedere" in Bogišić’s codification (art. 998). Greek philosophical origins and Byzantine legal tradition

Art. 998 of the General Property Code for the Principality of Montenegro (Opšti imovinski zakonik za Knjaževinu Crnu Goru – OIZ) (1888), created by Baldo Bogišić (1834-1908), an eminent lawyer and polymath from Cavtat (Ragusa Vecchia), contains the following legal maxim: Dok nepravo drugome štete ne činiš, koristi se čim god možeš i koliko god možeš. (Unless you unjustly injure others, make use of whatever you can as much as you can/for as long as you can). Like many other Bogišić’s legal maxims (“zakonjače”) as the final and probably the most important part of his Code, the quoted one is also a paraphrase of the following Roman law regula disguised in the folk language: neminem laedit qui suo iure utitur (“he who exercises his right injures no one”). Thus, as it was already pointed out in scholarly contributions on the Roman origins of Bogišić’s legal maxims, Art. 988 of Bogišić’s Code has its conceptual foundation in the famous Roman precept of law alterum non laedere or neminem laedere. Starting from the aforementioned facts, the purpose of this contribution is to shed some light on the ancient origins – especially Greek philosophical ones – of the alterum non laedere principle in the context of Roman praecepta iuris, as well as on its reception in the medieval Byzantine-Slavonic legal sources which were used in Montenegro as some kind of written law predecessors of Bogišić’s Code.

Bogišić, alterum non laedere, Codification, OIZ, Roman Law, Ulpian, Greek philosophy, Plato, Byzantine law, Matthew Blastares, Syntagma, Marko Miljanov

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