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The natural law rules of ius commune in the Croatian legal system

The purpose of this paper is to analyse the significance and role of the natural law rules of the ius commune tradition in the contemporary law of the Republic of Croatia. Before focusing on the topic of ius commune as a source of law in the contemporary Croatian law system, it is necessary to briefly explain what exactly the notion of “natural law rules of ius commune” refers to in the context of this paper. It refers to maxims or brocards of natural law (ius naturale) contained in the sources of ancient Roman Law (regulae iuris) or formulated in the medieval and early modern Roman legal tradition on the basis of these ancient sources. These maxims are particularly important due to the fact that they concisely express the millenarian Roman and European experience in the field of natural law as semper aequum ac bonum, ranging from the fundamental legal principles to concrete solutions, and their content has been incorporated into the European law systems to a large extent to this day . Starting from the statement above, and bearing in mind the usual division of sources of law into direct and indirect sources , the first part of the paper will prima facie briefly comment on the use of the natural law rules of ius commune as an indirect source of law, particularly in the legislative procedure of the Croatian Parliament and in the Croatian legal practice. Subsequently, the paper explores the possibility of treating the natural law rules of ius commune as a direct source of law in the contemporary Croatian legal system. The final part of the paper especially questions whether a more intense application of those natural law rules of ius commune that contain legal principles common to almost all European legal systems can contribute to a further Europeanization of the contemporary Croatian legal system.

Natural Law; Ius commune; regulae iuris; Croatia

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