Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 3, p. 569-581
working language: Serbian
Review paper
udk:347.97(497.11)”1865”(094.5) 347.9
doi:10.5937/zrpfns58-49801
Author:
Maša Kulauzov
University of Novi Sad
Faculty of Law in Novi Sad
m.kulauzov@pf.uns.ac.rs
ORCID ID: 0000-0003-2805-7773
Milan Milutin
University of Novi Sad
Faculty of Law in Novi Sad
m.milutin@pf.uns.ac.rs
ORCID ID: 0000-0002-4025-5222
Summary:
The authors of the paper conduct a historical-legal analysis of the provisions of the 1865 Civil Procedure Codification on general rules and court organization. The draft law was drafted in 1864 by the Minister of Justice Rajko Lešjanin and submitted to the State Council for approval. In the part relating to the basic rules of the code and the organization of the court network, the draft was not adopted in its original form, but after certain amendments and supplements, as provided by the archival materials preserved in the State Council of the Archives of Serbia. Special attention is also paid in the paper to the unconstitutional draft of amendments and supplements to certain legal solutions drafted in 1872 by the then Minister of Justice Stojan Veljković. Although it never entered into force, the constructive discussion that developed between the authors of the text, the State Council Commission and the district courts invited to consider its provisions served as the basis for a partial revision of certain legal norms, the most significant of which is the introduction of a two-tier judicial decision-making process with regard to the verdicts of municipal courts (Art. 15). The text of the draft law itself has not been preserved, but the Ministry of Justice Archives of Serbia contains the opinions of the Council Commission and the district courts, which served as a first-class historical source for us when writing this paper.
Keywords:
Civil court procedure, general provisions, court organization, legislative project, Code of 1865.