Forvm Romanvm: Prof. Dr Zoran Mirković gives a lecture on “Preliminary Provisions and Implementation of the Serbian Civil Code”

Forvm Romanvm: Prof. Dr Zoran Mirković gives a lecture on “Preliminary Provisions and Implementation of the Serbian Civil Code”

The second lecture in the cycle dedicated to the Serbian Civil Code and Jovan Hadžić was given by our dean, Prof. Dr Zoran Mirković, on the 15th of November, 2019. The title of the lecture was “ Preliminary Provisions and Implementation of the Serbian Civil Code”; Prof. Mirković focused on the first part of the preliminary provisions of this Code, which, at a glance, show enough of a resemblance to the preliminary articles of the Austrian Civil Code to lead most commentators to the conclusion that they were simply taken from there, while, in fact, they demonstrate quite a lot of distinctiveness and originality. Prof. Mirković connected the analysis of the articles with a depiction of the specific circumstances in which the Code was adopted, such as the mass illiteracy of the Serbian judges at the time, or the fact that a capitulation regime was still applied to foreign nationals in Serbian territories, seeing how Serbia was still a part of the Ottoman Empire. That way, he demonstrated that Jovan Hadžić had very particular motives to introduce certain solutions which may seem unusual (e.g. norms formulated in a way that seems to suggest a personal principle in the application of law), or, at the very least, deviating from their Austrian model (e.g. introducing custom as a subsidiary source of law). He also explained what the implementation of this Code must have been like, seeing how it was a turning point in the development of Serbian law. The audience followed the lecture with great interest, with a rich discussion developing at the end.