Option to Buy According to the Legislation of Tsar Stefan Dušan Cover Image

Право прече куповине према законодавству цара Стефана Душана
Option to Buy According to the Legislation of Tsar Stefan Dušan

Author(s): Biljana Marković
Subject(s): History
Published by: Istorijski institut, Beograd
Keywords: Justinian's Law; option to buy; contract; buying and selling; customary law; legislation; manuscript

Summary/Abstract: According to the legislation of Tsar Stefan Dušan, the option to buy was regulated only in Justinian’s Law – in the manuscripts of the later and of the earlier redaction, i.e. in all the preserved transcripts ranging from the XVth to the XIXth century. The notion of the option to buy is absent from all the precepts of the Dušan’s Law as well as of the Syntagm of Matija Vlastar. The option to buy and the right of the payoff concerning the already sold goods were not separated one from another in Justinian’s Law, being mutually linked, but representing only two separate rights apart. Instead, they have been consequently regulated as the two segments of the implementation of one and the selfsame right. It has been attested that an important number of the regulations existing in Justinian’s Law has been rooted in the Byzantine legislation. Nevertheless, the option to buy, as it has been formulated in Justinian’s Law, has in all likelihood been preserved in the customs of the Serbian people, but also in other nations’ customs, only in different variations. This right safeguarded the interests of those members of the family and of the enlarged social community who have been related through the common property in the more remote past. The precepts that regulated the option to buy have, through time, been transposed into the written law, while probably only partially taking after the Byzantine law, and were thus incorporated in Justinian’s Law.

  • Issue Year: 2009
  • Issue No: 58
  • Page Range: 63-77
  • Page Count: 15
  • Language: Serbian