СТО ГОДИНА ОПШТЕГ ИМОВИНСКОГ ЗАКОНИКА ЗА ЦРНУ ГОРУ
HUNDREDTH ANNIVERSARУ OF THE GENERAL PROPERTУ CODE OF MONTENEGRO

Summary/Abstract: The General Property Code of Montenegro provoked great interest in European circles and the author reviews these facts, as well as the personality of its author, and the role of duke Nikola. The interest for the Code is still present. Values of the Code are also reviewed, as well as its originality and aims of the author (V. Bogišić) in drafting it. The elements are analyzed which made the Code concordant with the needs of the time and place (customary law, system of provisions, lack of regulating internal family relations and the law of inheritance, considerable part dedicated to instruction of those applying the Code, language and terminology). Also explained are those elements which make the Code even contemporary. The issue of the scope of codification of customary law is also discussed, including the way of its incorporation into civil law provisions. The Code is not just a codification of unwritten law — as held in older and modern literature, since it has been codified in order to avoid the pressure of legislation onto existing social structure and legal conception of the people, which would provoke refusal by the practice. The choice of customary law norms has been determined by the above aim. which altogether was designed not to brake further development of law in Montenegro.

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