ON PENALTУ IN ALBANIAN CUSTOMARУ LAW Cover Image

ЈОШ ЈЕДАН ПРИЛОГ ПРОУЧАВАЊУ КАЗНИ У АЛБАНСКОМ ОБИЧАЈНОМ ПРАВУ
ON PENALTУ IN ALBANIAN CUSTOMARУ LAW

Author(s): Milutin Đuričić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду
Keywords: Abandoning protection; Vendetta; Sexual abstinence

Summary/Abstract: On the ground of own research in Kosovo and Metohija, the author concludes that Albanian customary law is not founded on moral and religious norms, but its violation is sanctioned by penalties. The penalties are of a private character. In addition to vendetta, regular penalties for the offence of murder due to breaking the word (besa), namely treachery and betrayal, are penal compensation Tin duplum), double diminishing of damage-feasor's property, prohibition of remarriage of females, compulsory marriage of damage-feasor’s daughter — the groom being the person suffering damage, as well as other" penalties, which have been treated by the author earlier. Further research widens the list of penalties, such as: driving into exile of the family of the delinquent to another tribe's territory; burning the house, slaughtering cattle, handing over of disobedient male to alien masters, punishing women with sexual abstinence. Also elaborates in the article are the persons entitled to pronounce and execute the above penalties, the main aim of which are the respect for the Albanian besa and overcoming of blood feud.

  • Issue Year: 38/1990
  • Issue No: 3
  • Page Range: 308-314
  • Page Count: 7
  • Language: Serbian