Kodificiranost građanskog prava u Jugoistočnoj Europi Pouke za Crnu Goru
Codifying civil law in Southeast Europe Lessons for Montenegro

Summary/Abstract: Starting from the fact that preparatory phase for the codification of civil law in Montenegro have recently started, the content of the following analysis is an overview of the state of codificationof civil law in the countries of Southeast Europe as the immediate environment of Montenegro.The analysis will cover the five countries with which Montenegro borders today (Bosnia and Herzegovina, Serbia, Albania, Kosovo, Croatia), as well as the two remaining post-Yugoslav states with which Montenegro has been in the same state community for a long time (Slovenia, Macedonia) and therefore shared a very similar legal experience. The analysis will briefly outline the legal traditions that have decisively influenced the legal systems of these states within their present borders, then the civil codifications or civil legislation in force during the twentieth century, while the central topic will be the question of the codifying of civil law in each of these countries today. The aim of the analysis is to provide Montenegrin codifiers with an overview of relevant experiences from the abovementioned countries, ranging from the best practices to the most important factors that have a negative impact on codification projects. It will address various relevant issues such as the relation between legal traditions, existing legislation and codification efforts; questions of the competence of the certain national legal profession to create a codification of civil law; issue of participation of foreign experts in codification projects; questions of positive and/or negative impact of the political environment and the public sphere towards the civil codification etc.

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