PRINCE ALEKSANDAR KARAĐORĐEVIĆ AND THE STATE COUNCIL AS THE INTERPRETERS OF THE CIVIL PROCEDURE STATUTES Cover Image

ДРЖАВНИ САВЕТ И КНЕЗ АЛЕКСАНДАР КАРАЂОРЂЕВИЋ КАО ТУМАЧИ ПАРНИЧНИХ ОДРЕДАБА СУДСКИХ УСТРОЈСТАВА
PRINCE ALEKSANDAR KARAĐORĐEVIĆ AND THE STATE COUNCIL AS THE INTERPRETERS OF THE CIVIL PROCEDURE STATUTES

Author(s): Uroš Stanković
Subject(s): History of Law, Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: State Council; Prince Aleksandar Karađorđević; Authentic interpretation of law; Court Statutes;

Summary/Abstract: The reign of Prince Aleksandar Karađorđević (1842–1858) was marked by the intensive legislative work and creation of judicial system. State bodies in charge with enforcement of the new laws and regulations, had often requested from the legislative branch, i.e. from Prince Aleksandar Karađorđević and the State Council, to issue authentic interpretations of the legislative acts. Among the acts that were construed by Prince and the Council are: District Court Statute of 1840, Supreme Court Statute of 1846 and Appellate Court Statute of 1846; with special emphasis to the statutory rules of civil procedure. Statutory interpretations date back to the period between 1849 and 1852. The author carefully scrutinizes these interpretations, considers their advantages and imperfections, and indicates that they only partially abide by the contemporary rules of interpretation. The author concludes that authentic interpretations of the statutory rules of civil procedure, issued by Prince and the State Council, played a significant role in development of Serbian civil procedure in XIX century.

  • Issue Year: 58/2010
  • Issue No: 2
  • Page Range: 302-314
  • Page Count: 13
  • Language: Serbian