THE RECEPTION OF GRECO-ROMAN (BYZANTINE) PRIVATE LAW IN TSAR DUŠAN’S LEGISLATION Cover Image

РЕЦЕПЦИЈА ГРЧКО-РИМСКОГ (ВИЗАНТИЈСКОГ) ПРИВАТНОГ ПРАВА У ДУШАНОВОМ ЗАКОНОДАВСТВУ
THE RECEPTION OF GRECO-ROMAN (BYZANTINE) PRIVATE LAW IN TSAR DUŠAN’S LEGISLATION

Author(s): Aleksandar Đorđević
Subject(s): History of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: private law; Dušan’s legislation; reception of Roman law; history of Serbian Medieval law; Byzantine legal texts; Matija Vlastar’s Syntagm; St. Sava’s Nomocanon

Summary/Abstract: In this paper, the author analyses the development of private law in medieval Serbia during the reign of Tsar Dušan. The author underlines the huge influence of formerly developed Byzantine law on the Serbian medieval legal system, which is embodied in translation of the Byzantine legal sources and compiling subject-specific collections of Serbian law. Tsar Dušan’s legislation includes Dušan’s Code, Matija Vlastar’s Syntagm and the so-called Emperor Justinian’s Act. Dušan’s Code does not contain many private law norms. The Syntagm is the original Byzantine legal collection, which was translated into old Serbian language upon the authority of a decree issued by Tsar Dušan; it contains legal provisions pertaining to all branches of Roman private law. Justinian’s Act is the Serbian compilation of the Byzantine legal texts; it mainly includes private law provisions. The development of the Serbian state during the reign and great conquest campaigns of Tsar Dušan imposed the need for a new codification of law, especially in the area of private law, which was initiated by enacting Saint Sava’s Nomocanon (Zakonopravilo – Book of Legal Rules). Matija Vlastar’s Syntagm contains the entire system of developed RomanByzantine private law. As the most comprehensive of the aforesaid legal document, it is the focal point of the author’s discussion in this paper.

  • Issue Year: LVI/2017
  • Issue No: 76
  • Page Range: 549-559
  • Page Count: 11
  • Language: Serbian