Kontinuitet pravnog poretka u Bosni i Hercegovini nakon 1878.godine
Continuity of Legal Order in Bosnia and Herzegovina after 1878

Summary/Abstract: Article XXV of Berlin Treaty from 1878 allowed Austro-Hungarian Empire to occupy Bosnia and Herzegovina. Due to its cultural, religious and other specifities Bosnia and Herzegovina was positioned as special administrative entity in the Empire (corpus separatum) which was governed together by Austria and Hungary. When it comes to the Bosnian legal system a continuity between previous Ottoman and Austro-Hungarian government was established keeping most of the legal institutes from Ottoman written and Bosnian custom law especially in civil law area. The new government dealed with complex legal sistem in Bosnia and Herzegovina which consisted of Sharia law, Ottoman Tanzimat law, regulations of religious minorities (millets), consular and custom law. The main princip was respecting and implementation of existing law until the promulgation of new ones. In praxis that led to various situations. In some legal fileds previous law was kept and in other new regulations were passed and even directly implemented in occupied land such as Austrian Civil Code (ABGB). With this politic it was ment to keep the existing legal sistem and to gradually modernise Bosnia and Herzegovina bringing it from Ottoman oriental legal sphere to the Contitental European.

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