OBITELJSKOPRAVNA REGULACIJA CRESKO-OSORSKOG STATUTA IZ 1441. GODINE
FAMILY LAW REGULATION OF THE CRES-OSOR STATUTE 1441
Author(s): Višnja LachnerSubject(s): Gender Studies, History of Law, Family and social welfare, 15th Century
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: Statute of Cres-Osor; family law; women’s position; marital property law; parents and children;
Summary/Abstract: The main aim of this research is the analysis of the provisions of the Cres-Osor Statute dealing with family law, with special regard to the regulation of marital property law. Although the Statute has been the subject of scientific discussions, a thorough analysis of the features of family law, that is, matrimonial property law has not yet been given. The paper will try to causally investigate the origin of certain institutes of family law. Consequently, the provisions of family law were analysed in detail, and compared with the corresponding solutions of other nearby communes, that is, the northern Adriatic islands and other Dalmatian legal systems. In addition, within the aforementioned analysis, the paper also deals with the position of women in processes that were of vital importance for a woman’s life, such as marriage, betrothal, dowry etc. In the end, the author comes to the conclusion that with regard to the fluid demarcation of the “Dalmatian” and “Kvarner” legal regions, the regulation of family and matrimonial property law in the Cres-Osor Statute reflects the influences of several legal systems: Roman, Byzantine, Venetian, Lombard and Slavic law, which indicates the interaction of different legal cultures of varying intensity.
- Issue Year: 39/2023
- Issue No: 2
- Page Range: 29-51
- Page Count: 23
- Language: Croatian