ПОСЕБНИ ОБЛИЦИ СУДСТВА КОД СЛОВЕНА КАО ПРИВИЛЕГИЈА ПОЈЕДИНИХ КАТЕГОРИЈА СТАНОВНИШТВА У СРЕДЊЕМ ВЕКУ
Special Forms of Judiciary in the Old Slavic Tribes as a Privilege of certain Population Categories in the Middle Ages
Author(s): Nebojša Ranđelović, Aleksandar ĐorđevićSubject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: judiciary; autonomous judiciary; (mixed) inter-state courts; Middle Ages; Slavic legal systems; customary law
Summary/Abstract: In the medieval times, the special forms of autonomous judiciary in the Slavic lands were either a result of social relations inherited from the tribal community or a result of specific characteristics in the development of certain regions which nominally constituted a medieval state. The autonomous judiciary is preconditioned by the nature of the early feudal state, whose organization of government made allowances for the activity of different court jurisdictions which were deeply rooted in the legal customs given the fact that the feudal state did not have efficient instruments to control special categories of population or autonomous provinces in its territory. The inter-state court was a mixed court which was composed of an equal number of judges or arbiters who were delegated by the state authorities of the concerned disputing parties. Essentially, the origin of this court may be traced back to the tribal community and its roots may be found in the activities related to resolving conflicts between different tribes. The most natural means of resolving these disputes was active and immediate participation, mediation, arbitration or seeking compromises. The existence of these two types of courts, the (mixed) inter-state courts and autonomous courts for resolving disputes involving foreigners and special population categories, reflected the extraordinary privileges which were enjoyed by some groups of people in medieval law (in general) and in all Slavic legal systems (in particular).
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: LVIII/2011
- Issue No: 58
- Page Range: 103-112
- Page Count: 10
- Language: Serbian
