СРПСКИ ГРАЂАНСКИ ЗАКОНИК И ОДРЕДБЕ О ПРИСВАЈАЊУ ДИВЉИХ ЖИВОТИЊА: РЕЦЕПЦИЈА ИЗВОРНОГ РИМСКОГ ПРАВА
SERBIAN CIVIL CODE AND OCCUPATION OF WILD ANIMALS: RECEPTION OF THE ORIGINAL ROMAN LAW

Summary/Abstract: The Serbian Civil Code (SCC) was enacted in 1844, 33 years after its famous model, the Austrian Allgemeines bürgerliches Gesetzbuch (ABGB). SCC is usually considered a summarized version of the ABGB and essentially its unsuccessful copy. This consideration seems harsh and oversimplified. The author analyzes the SCC provisions relating to occupation of wild animals, and shows that the drafter of the Serbian codification, Jovan Hadžić, neither translated, nor borrowed the provisions of the ABGB. Hadžić was strongly influenced by classical Roman jurists, especially Gaius, and was obviously impressed by their clear, comprehensible language and style. Hadžić’s language is extremely similar to that of Gaius (D.41.1.1–5). The techniques he used are characteristic of Roman lawyers (giving examples, cases like the one presented in D.41.1.44, direct speech, etc.). Drawing upon the ancient Roman law and its casuistry, Hadžić drafted the provisions which were down to earth and close to ordinary people. Thus, he conducted a very important edifying mission for the ordinary readers, who were left with a low level of legal culture after a long period of Ottoman rule.

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