Naslov
The ABGB and the House-Community in the Croatian Legal System: Legal Irritant and Normative Plurality

Autori
Čepulo, Dalibor

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Festschrift für Thomas Simon zum 65. Geburtstag Land, Policey, Verfassung

Urednik/ci
Kohl, Gerald ; Neschwara, Christian ; Olechowski, Thomas ; Pauser, Josef ; Reiter-Zatloukal, Ilse ; Vec, Miloš.

Izdavač
Verlag Österreich

Grad
Beč

Godina
2020

Raspon stranica
25-72

ISBN
978-3-7046-8596-4

Ključne riječi
Austrian General Civil Code, ABGB, legal irritants, multinormativity, normative pluralism

Sažetak
ABGB was imposed in Croatia-Slavonia by imperial decree in 1852, then tacitly accepted by the Croatian Diet in 1861 remaining in force at the respective territory as Opći građanski zakonik (OGZ) till its abolishment in 1946. Even though introduction of OGZ has been praised by Croatian private lawyers as an instrument of definite transition of the Croatian legal system to modernity and its cut with archaic tradition the full story is more complex. OGZ clashed with customary order of the rural society grounded in communal- household and collective ownership at its basis, „irrritating“ (G. Teubner) both normative and social dimension of the Croatian legal system. Intensified dissolutions of communal-households trigerred by OGZ produced serious and enduring social crisis that Croatian legislators tried to overcome by series of leges speciales with hybrid content yet based on more or less individualistic and liberal ground. Such approach reflected primarily political attitude of legislators as well as legal culture of Croatian jurists and political elite grounded in university education that did not fully recognized the nature of communal-household. Analysys of judicial practice indicates that for long time in Croatian villages existed legal pluralism in a forms of normative order provided by state legislation and executed by state courts, and „hybrid“ customary order that in reality of uneducated rural society determined behaviour of peasants as well as their legal expectations once they come to the state court, thus motivating proposals for introduction of Peasant Code as a counterpart to OGZ. Discussions on solution of these problems reflected liberal or conservative political attitude of discussants. Analysys of such complex process also opens up the question on adequacy of interpretative tools related to transfer of laws.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Povijest, Etnologija i antropologija

POVEZANOST RADA