Komparativna analiza instituta miraza u rimskom pravu i pravu u Bosni i Hercegovini za vrijeme austro-ugarske uprave
Comparative Analysis of the Dowry Institute in Roman Law and Law in Bosnia and Herzegovina During the Austro-Hungarian Administration

Author(s): Ervina Ibrahimović, Ena Morankić
Subject(s): Law, Constitution, Jurisprudence, Comparative Law, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Dowry; Marriage; Inheritance; Tradition; Law;
Summary/Abstract: The authors in the work will analyze the rules of dowry in Roman law and the law of Bosnia and Herzegovina during the Austro-Hungarian administration. The first part of the thesis will deal with the development of the dowry and its characteristics in Roman law. The institution of the dowry, like other legal rules in Roman law, has been elaborated upon by jurisprudence, but its legal regulation has remained insufficiently explained. The dowry was at the beginning of the development of the Roman state regulated by customary law, to be in time, under the influence of state interventionism, regulated by legal rules. His legal regulation went from considering dowry like husband's property to remaining the full property of wife. The second part of the paper will relate to the regulation of the dowry institute in Bosnia and Herzegovina during the Austro-Hungarian administration. In that period, religious law was applied to the Bosnian population in the regulation of private law relations, depending on the membership of the religious group. The paper will attempt to answer the question of whether the dowry was considered a hereditary part of female heirs, and how the said question was regulated in that context. The Austrian General Civil Code (hereinafter OGZ) was applied in Bosnia and Herzegovina as a subsidiary source of law. The basis of the OGZ was Roman law, and the article will analyze to what extent the Roman law solution was accepted and maintained, especially in view of the fact that the principle of gender equality in the field of marriage law was accepted. The dowry as a legal institution in the modern world is disappearing, but in some places it still has far-reaching social consequences.

• Details
• Contents