CESIJA U HRVATSKOJ SUDSKOJ PRAKSI ZA VRIJEME OGZ-A
CESSIO IN CROATIAN CASE LAW DURING THE APPLICATION OF THE ABGB
Author(s): Henrik-Riko HeldSubject(s): History of Law, Constitutional Law, Sociology of Law, Administrative Law
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: cessio; ABGB; Croatian Obligations Act; Bench of the Seven (Tabula septemviralis);
Summary/Abstract: This article aims to analyse case law associated with cessio (assignment or transfer of claim) during the application of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch or ABGB) in Croatian lands. The object of the analysis is decisions of the highest court in the Croatian lands from 1862 to 1945, the so-called Bench of the Seven (Tabula septemviralis). They may be found in the Croatian State Archives (archival fond HR-HDA-394 Stol sedmorice), and selections of decisions have been published in relevant collections and journals of the time. The purpose of the analysis is to contribute to a more comprehensive understanding of some aspects of the application of the ABGB in Croatian lands, especially taking into account the dynamics between legal norms as defined at the statutory level compared with their realisation in practice. The general context of the analysis is, in addition, the application of the ABGB on the peripheries of the state in which it was created, and its continued application in Croatian lands even after the dissolution of that state.
- Issue Year: 41/2025
- Issue No: 4
- Page Range: 7-23
- Page Count: 17
- Language: Croatian
