О СВОДУ (ПОВЕСНО-ПРАВНА ЦРТИЦА)
"SVOD" - AN ANCIENT EVIDENCE PROCEDURE

Summary/Abstract: "Svod" has been a means of evidence which was performed in front of judges both in case of criminal offence of larceny and of a dispute concerning ownership (as a rule, in case of cattle). That institute which is found already in Proto-Slavic law, has been originally a kind of out-of-court procedure where an owner follows the reversed order of things searching in such a way for the final "svodnik" (person relevant in the procedure). This institute is found under the same name at Slavic peoples, especially Russian. Czech and Serbian. From the customary folk law, it came into statutes (articles 92, 180 and 193 of Dushan’s Code) and into treaties of the Serbian State. Practically it was applied in domestic transactions, since its elimination has begun by article 7 of the Bosnian - Dubrovnik Treaty of 1332, to be completed by excluding it from international trade by article 193 of Dushan’s Code. The custom of "svod" is found in the law of the restored Serbian State. The characteristic of submitting evidence in the above ancient way in that period was interruption of the procedure, done by the court in order to protect the title of the owner and to prompt the work of the court. In the thirties of the last century' the ancient institute began to disappear, while in the fourties it has finally ceased to be applied in Serbia as a means of evidence. The custom of "svod" remained with our people in Herzegovina and Montenegro, although, beginning with the middle of the last century' it has disappeared in Montenegro, only to be put into a specific remnant form in article 101, para. 2. of the General Property Code.

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