Naslov
Modernity in Search of Tradition: Formation of the Modern Croatian Judiciary 1848– 1918

Autori
Čepulo, Dalibor

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Public and Private Justice. Dispute Resolution in Modern Societies

Urednik/ci
Alan Uzelac, C. H. Van Rhee

Izdavač
Intersentia

Grad
Antverpen : Oxford

Godina
2007

Raspon stranica
105-127

ISBN
90-5095-683-1

Ključne riječi
legal culture, legal tradition, rule of law, judiciary
(egal culture, legal tradition, rule of law, judiciary)

Sažetak
Author indicates connection between legal culture and legal tradition as well as necessity of further research in that direction regarding deeper understanding of the contemporary legal systems. In central chapter of the article the process of formation of the modern Croatian judiciary is reconstructed with particular attention being payed to the organisation and to the grants of judicial independence. Apart of that analyse of judicial practice regarding clash between the ABGB and the institution of communal joint family ilustrates difference between the "law in books" and the "law in action". Author concludes that the modern Croatian judiciary was formed under influence of the Austrian legislature and other factors that helped to turn archaic Croatian judicial system into the rational structure that has not managed to stabilize as independent institution, however.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA