Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 4, pp. 1445–1465
Language of the paper: English
Original scientific paper
udk: 271.22(497.11)(436+439)
doi: 10.5937/zrpfns53-19345
Author:
Marko Tomić, Ph.D. Student
University of Belgrade
Faculty of Law Belgrade
tomicmarko@hotmail.com
Abstract:
Certain aspects of the initial phase of the process of incorporation of the Serbian metropolitanates in Bosnia and Herzegovina into the state-legal system of Austria-Hungary from the church-law, i.e., canonical aspect, are the subject of this paper. The legal status of the Serbian metropolitanates in BH during the time period following the Congress of Berlin was being settled between Vienna and Constantinople. The final outcome of the negotiations between the Patriarchate of Constantinople and the Viennese Court was the Convention from the year of 1880 on temporary solution to the relations between the Serbian Orthodox metropolitanates in BH and the Patriarchate of Constantinople. The main part of the paper is about the analysis of the Convention provisions concerning the selection and dismissal of a higher hierarchy from the church-law aspect. Then, on the basis of the concrete examples from the Church life, an estimation of these events from the perspective of the Canon law is given.
Keywords:
Serbian Orthodox Church in Bosnia and Herzegovina, Austria- -Hungary, the Patriarchate of Constantinople, hierarchy, church (canonic) law.