UNENACTED AMENDMENTS TO A CIVIL PROCEDURE CODE PREPARED IN 1872 Cover Image

НЕОЗАКОЊЕНИ ПРОЈЕКТ ИЗМЕНА И ДОПУНА ЗАКОНИКА О ГРАЂАНСКОМ СУДСКОМ ПОСТУПКУ САЧИЊЕН 1872. ГОДИНЕ
UNENACTED AMENDMENTS TO A CIVIL PROCEDURE CODE PREPARED IN 1872

Author(s): Maša Kulauzov
Subject(s): History of Law, Civil Law, 19th Century
Published by: Правни факултет Универзитета у Београду
Keywords: Amendments to the Civil Procedure Code; Draft; Civil procedure; Council’s Commission; Courts;

Summary/Abstract: Unenacted amendments to a Civil Procedure Code are subject of this paper. Draft consisting of changes and supplements of Civil Procedure Code was prepared by minister of justice and renown Serbian jurist Stojan Veljković in 1872. Veljković consigned his draft to State Council. Thereafter the Council established the Commission to revise the draft on September 13th 1872. The author also sent the draft to courts for consideration on October 28th 1872. Original text of the draft has not been found. Therefore, one is imposed to reconstruct it by relaying upon available sources, i.e. remarks offered by the Commission and courts. The Commission and courts made numerous alterations in the original text of the draft. They also passed a multitude of remarks on contents and style of the draft’s articles. Consequently, their conclusion was that an entirely new draft should be written, and Veljković’s project was definitely rejected. Notwithstanding the rejection, the draft provides valuable material regarding problems in application of Civil Procedure Code of 1865, as they were pointed out in Commission’s and court’s remarks

  • Issue Year: 63/2015
  • Issue No: 2
  • Page Range: 119-134
  • Page Count: 16
  • Language: Serbian