Provisions of the Medieval Cattaro Statute 
on Testament and their Application in Notary Practice Cover Image
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Provisions of the Medieval Cattaro Statute on Testament and their Application in Notary Practice
Provisions of the Medieval Cattaro Statute on Testament and their Application in Notary Practice

Author(s): Nevenka Bogojević-Gluščević
Subject(s): Law, Constitution, Jurisprudence
Published by: Историјски институт Црне Горe
Keywords: Statute of Cattaro; Yustinian’s Law; Law of Medieval coastal Adriatic towns; testament forms; testing freedom; limitation in testing, widow’s right.

Summary/Abstract: Analyzing archive materials, mostly written in Latin alphabet, legal historians and romanists have come to a conclusion that the hereditary legal institutes treated, as welll as other institutes of the private law of the southern Adriatic communes, had a feature undertaken mainly from the classical roman Law, or recepted ius communae. Some deviations were present to a less or greater extent, and reflected direct and indirect influences of Slavic and Byzantine law that were coming from the Balkan Peninsula’s inland to coastal centres. Further investigations on detailed sources of many issues are needed to make a mosaic of the dominant influences on the formation of Medieval private law in Adriatic coastal towns. This paper is a contiunation of my research on the institute of testament in Medieval Cattaro, and it is related to the analysis of the statutory provisions on testing freedom and obliged testaments forms, as well as the application of these form in order to determine a real influence and significance of the classical Roman law and similar ones, developed later on its normative arrangement and real legal life.

  • Issue Year: 2013
  • Issue No: 1-2
  • Page Range: 7-24
  • Page Count: 18
  • Language: English