DIRECT RECEPTION OF ROMAN LAW IN SERBIAN CIVIL CODE – CONSORTIUM ERCTO NON CITO AND ZADRUGA
DIRECT RECEPTION OF ROMAN LAW IN SERBIAN CIVIL CODE – CONSORTIUM ERCTO NON CITO AND ZADRUGA

Summary/Abstract: Although it is indisputable that Austrian Civil Code served to a great extent as a model for Serbian Civil Code (SCC), a deeper analysis of SCC shows, however, that Hadžić directly applied certain Roman legal concepts. Therefore, modern Roman jurists emphasize direct reception of Roman law. The author discusses similarities between consortium ercto non cito and zadruga, and possible influences of Roman legal tradition regarding consortium on formulating provisions on zadruga, as both were types of patriarchal joint families which can be found in many other societies on the certain level of development. Namely, consortium ercto non cito as well as zadruga was large community of property, work and living where family members lived and worked together in joint family household and held property in common. As in paragraphs 508 and 510 of SCC collective character of zadruga′s property is accentuated, the analogy between two archaic institutes is very suitable. Both members of consortium and zadruga, according to aforementioned provisions, were entitled to shares of undivided property, whereby their shares were not determined, but were determinable. Beside resemblant legal nature, the author also asserts likeness of social and economic circumstances under which consortium and zadruga prevailed. They existed in times of poor economic production, house economy, weak communications, lack of state′s authority. With development of private property, individual freedom and money-and-goods based economy these types of families started to disintegrate, in Rome as well as in 19th century Serbia.

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