I principi del diritto romano come base l'interpretazione e l'applicazione del diritto nelle pratiche dei tribunali croati
The Principles of Roman Law as the Basis for the Interpretation and Application of Law in the Practice of Croatian Courts

Author(s): Ines Matić Matešković
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Regulae iuris; The principles of Roman law; Judicial practice; Interpretation of law;
Summary/Abstract: The principles of Roman law concisely resembled with Roman jurists considered the direction of correct legal thinking, although they had no legally binding force. With the reception of Roman law, these principles were incorporated into medieval legal systems, ius commune, and then into modern European legal systems. The purpose of this study is to analyze the judicial practice available in the Republic of Croatia and, based on this, to show that in explanations of court decisions, judges very often refer to certain Roman principles, using them in the form of legal maxims in Latin (regulae iuris). In this way, when explaining sentences, judges bring a specific case under a general legal rule with the aim of making a fair decision in the spirit of the law. It should be noted that in this way, although legal principles are not formally a source of law, courts use them to a certain extent to interpret the existing legal rule, fill legal gaps and create law to some degree. By analyzing this practice of Croatian courts, the author wants to show that this practice has positive consequences for a fair trial but also opens space for a potential overreaching of authority by taking on the legislative function and creating rights through interpretation.

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