Zadruga as a basis of certain institutes of public law according to Valtazar Bogišić

• Main Author: Kulauzov Maša
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2011-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: customary law; zadruga; South Slavs; zadruga's chieftain; zadruga's council; principles of zadruga's life; parliamentary principles; government; national assembly; parliamentary regime
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791102277K.pdf

The rules of customary law concerning the relation between the chieftain and council in so - called zadruga (extended family, common among South Slavs) were examined in this paper. In that relation, in Branislav Nedeljković's opinion, Valtazar Bogišić finds similarities with the one between the government and national assembly in parliamentary monarchy. The customary law provisions regarding zadruga's chieftain, his qualities, manner of election and authorities, as well as the rules concerning zadruga's council were presented and critically analised. It is also pointed out how the principles of zadruga's life served Bogišić as a model for introduction of parliamentary regime in Serbia. On the occasion of passing the Constitution of the Principality of Serbia of 1869, Bogišić namely suggested that the State should, to some extent, be organized after the model of zadruga. His idea of application of a private law institute such as zadruga in sphere of public law has its logical explanation. As a follower of the Historic school of law, Bogišić believed that customs are the most direct expression of national spirit without which it is impossible to become truly acquainted with characteristics and particularities of a nation. Therefore, the constitution should mostly represent codification of customary law. Naturally, in course of drafting the constitution, other nations' experiences as well as achievements of contemporary science should be taken into consideration.