TRANSFERS VON TRADITIONEN. ZUM RECHTSWECHSEL AUF DEM BALKAN
Transfers of Traditions. Legal Change in the Balkan Area

Summary/Abstract: Not all legal traditions display necessarily the same linear stability as the western tradition in its central sector. For instance the Balkans, which are now generally considered to form a sub-tradition of the western one, were originally subjected to the Byzantine influence. Together with the Christianization by the orthodox Church of Byzantium, they received simplified versions of Roman-Byzantine law. However, in the middle of the 15th century the Ottoman conquest of the Balkans brought the Byzantine millennium to an end. This conquest could not force the Muslim law upon the Balkan population, which in great prevalence retained its Christian faith, but on the other hand it did isolate the region for centuries from any western influence. The gradual retreat of the Ottomans occurred only during the 19th century. From this moment on, the original legal systems of the Balkans, which were mummified under the Ottoman occupation, revealed themselves unsuitable for the needs of capitalist economy. It is the reason why in the Balkan countries during the 19th century, alongside with the expansion of capitalism, the massive reception of western codifications and constitutions took place.

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