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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.