ПРИМЈЕНА ЗАКОНИКА ОБШЋЕГ ЦРНОГОРСКОГ И БРДСКОГ И ПИТАЊЕ СНАГА ПРИНУДЕ
THE APPLICATION OF THE GENERAL MONTENEGRIN AND MOUNTAINS CODE AND THE ISSUE OF THE INTENSITУ OF COMPULSION

Summary/Abstract: In the places of Martinići and Krusi the Montenegrins have been victorious in 1796 against the Turks and these events made possible the realisation of the historical goal — the restoration and creation of the State. On October 8, 1798 the Code under the above title has been enacted in the monastery Stanjevići which was followed by electing the Governorship od the Montenegrin and Mountains Court. The State and the Code are negations of Montenegrin tribal organisation and customary law. Instead of self—assistance of the individual and the collectivity, the State and its sanctions emerged. The issue of the application of the Code sheds the light on the realities of the Montenegrin State. Previous and author's own research show that the Code has been implemented much more than supposed before. In some periods the court practice was not steady and intensive, the causes including wars, diseases, famine and arbitrariness. The means and methods of consolidation of State organisation and, related to this, of implementation of the Code in practice by the intention and efforts of the ruler Peter the First to adapt this process to the needs and possibilities of society. One of the positive aspects was the victory of the State and of written law which meant the suppressing of tribal unbridled behaviour.

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