Кодификација грађанског права као допринос владавини права
Codification of Civil Law as Contribution to the Rule of Law

Author(s): Branko Morait
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Codification;Law;System of norms;Content of law;Subjects of contractual relations;Consumers protection;
Summary/Abstract: In this article, the author deals with legal regulation of contractual relations in countries that once formed Yugoslavia, especially in Bosnia and Herzegovina. In Bosnia and Herzegovina, the Draft Law on Contractual Relations was prepared by the date of 28th of January 2003, when two study groups from both entities completed their work formulating the text of Draft in organization of entities’ legal departments, which was sup-ported by the German government organization GTZ. After the said date, Department of Law took on the responsibility of organizing the work on completing the Draft, with the help of OHR, but the result of their labor did not become a positive judicial text. The author tries to clarify the importance of Yugoslav Law on Contractual Relations from today’s perspective and concludes that it still largely affects the legislative processes of regulating contractual relations in all former Yugoslav republics. Law on Contractual Relations has prolonged its judicial life with the reception into new legal orders, which, in turn, subjected it to smaller or larger adjustments. And in places where the new legal text on contractual laws was passed, major deviations from the source have not been noticed, as in term of both the systematic and the content of the legal text.

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