MARRIAGE LAW IN DUSAN’S LEGISLATION Cover Image

БРАЧНО ПРАВО У ДУШАНОВОМ ЗАКОНОДАВСТВУ
MARRIAGE LAW IN DUSAN’S LEGISLATION

Author(s): Željko Teofilović
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Human Rights and Humanitarian Law, Canon Law / Church Law, Sociology of Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Marriage law; Dusan’s legislation; Nomocanon, Dusan’s Code; Syntagma of Matija Vlastar; Byzantine legal tradition;

Summary/Abstract: In the paper, the author provides an overview of marriage law in the medieval Serbian state with special reference to the same material in Dusan’s legislation. This important branch of civil law at the time of Emperor Dusan is contained in an abbreviated Serbian-Greek collection of civil and ecclesiastical regulations called the Abbreviated Syntagma of Matija Vlastar. A third of the content of this compendium consists precisely of excerpts from the marriage law. The Serbian editors, when abridging the Syntagma, intervened the least on the issue of marriage law. This collection of regulations was created as a practical handbook for imperial judges in Dusan’s empire. In addition to the Abbreviated Syntagma of Matija Vlastar and the socalled Justinian’s Law, as the pinnacle of the legislative work of Emperor Dušan, comes his Code, which with its provisions follows the Byzantine legal tradition, but also fills legal gaps. These three legal collections form what is today called Dušan’s legislation in science. Marriage law in the Serbian medieval state, as in other Christian states, was under the jurisdiction of the church. That is why legal codes were applied, which had both civil and church regulations. In the Byzantine legal tradition, these collections were called Nomokanon.

  • Issue Year: 2022
  • Issue No: 44
  • Page Range: 39-65
  • Page Count: 27
  • Language: Serbian