St. Sava's Legislation as a Guideline for the Modern Legislator Cover Image

Законоправило Светог Саве као смјерница савременом законодавству
St. Sava's Legislation as a Guideline for the Modern Legislator

Author(s): Stanka Stjepanović
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Zakonopravilo;Legislation;Custom;Marriage;Sources;
Summary/Abstract: St. Sava also included in his Zakonopravilo some of the secular legislation which he had taken from the Byzantine collections, with the aim of directing the Serbian state and its subjects in a legal way and thus extending Serbian customary law to secular laws. Jeftimije Jovanovic has been studying Zakonopravilo for forty years and wrote a first textbook based on Zakonopravilo. Sergei Viktorovich Troicki also studied Zakonopravilo for as many years as Jeftimie Jovanovic and left numerous papers and especially detailed guidance on how photo-types of the Zakonopravilo should be made. The author points to the need to consolidate the study of the Zakonopravilo of St. Sava in the works of Jeftimie Jovanovic and Troicki and believes that this would lead to the conclusion that St. Sava is the creator of legal terminology, not only among Serbs, but among other Slovenian nations as well. Author thinks that connecting the study of the Zakonopravilo of St. Sava with works of Jovan Hadžić, Slapkin, Beneševič and Valtazar Bogišić, would lead the doctrine of church and civil law to the conclusion that returning to sources is the safest route to the modern organization of legal institutes. The Zakonopravilo could be a guideline for the legislator on how to adopt applicable regulations that will be tailored to the addressees' needs, taking into account geographical location and economic and social status.