Valtazar Bogišić

Valtazar Bogišić

Valtazar Bogišić, painting by Vlaho Bukovac , 1892

Tomb

Valtazar Bogišić (also Baltazar Bogišić ; born December 20, 1834 in Cavtat , † April 24, 1908 in Rijeka , nickname Baldo ) was a lawyer and sociologist from Dalmatia .

Bogišić was best known for his research into customary law . He is often referred to as the predecessor of the legal sociologist Eugen Ehrlich . After extensive studies in Vienna, Berlin, Paris, Munich, Heidelberg and Gießen, he is considered an important representative of the historical school of law .

Life

Bogišić was born on December 20, 1834 in Cavtat, not far from Dubrovnik . He came from a respected and wealthy family who had moved from the Konavle region in the 18th century . After elementary school, Bogišić attended captain Kazilari's private nautical school in his hometown. Against the resistance of his father Vlaho, who had planned his son to be his successor in the family business, he achieved higher education with the help of older friends like Niko Velici Pucić , who had recognized his talent and acquired numerous languages ​​(Italian, French, German, Russian and other Slavic languages, Latin). After the sudden death of his father in 1856, the way was clear to move to Venice and there to obtain the Abitur at the grammar school of St. Catherine in 1859. Immediately afterwards, she was enrolled in law at the University of Vienna .

The study was continued at the universities of Berlin, Paris, Munich, Heidelberg and Gießen, where he first received his doctorate in philosophy in 1962 with the historical work “On the causes of the defeat of the German army in the Hussite war”, while he received his doctorate in Law and political science was awarded in Vienna in 1865. From 1863 to 1868 he was a librarian in the Slavic department of what was then the Vienna Court Library , for which his linguistic, cultural, historical and historical studies had qualified him. In 1867 he was accepted as a full member of the South Slavic Academy in Zagreb, newly founded in 1866 by Emperor Franz Joseph I.

After working for the war ministry and as a school councilor and inspector in Timisoara in today's Romania and Peterwaradein , today a district of Novi Sad in Serbia , as well as a member of the expert commission for the reorganization of the school system in these areas, he received the call to the ordinary in September 1869 Professorship in the comparative legal history of the Slavic peoples at the Imperial Imperial University of Odessa , where he only taught from 1871 to 1872, because at the end of that year he was appointed by Tsar Alexander II (Russia) to the legal advisory board of the imperial government and with the drafting of a civil Was commissioned by the Montenegro Code of Law, a job which until 1888 occupied him almost exclusively and which he carried out from Paris from 1875. In 1880, on the occasion of the reading of a first draft, he was appointed true Russian State Council. On March 25, 1888, the General Property Code for the Principality of Montenegro was published and came into force on July 1 of the same year. After completing this extensive work, Bogišić sought and obtained retirement in 1890 in order to be able to devote himself to his uninterrupted research work. In 1893, however, he gave in to the urging of Prince Nicholas of Montenegro to take over the Ministry of Justice of the Principality of Montenegro , which he held until 1899.

During this time he dealt intensively with the questions of the application of the new code and worked his experiences into a second edition, which came into force on March 25, 1898. In 1899 Bogišić, now relieved of all obligations, returned to Paris because of his studies, where he was appointed President of the International Institute of Sociology in 1902. On April 24, 1908, he suddenly died on the journey from Vienna to Cavtat in St. Veit am Flaum, today's Rijeka, and received his final resting place in his hometown, where a memorial and, more recently, a museum were erected in which his estate and extensive library will also be preserved.

Act

His main work is the General Property Code for the Principality of Montenegro from 1888. The code is intended as a codification of civil law, but does not include family and inheritance law. It stands in the tradition of the historical school of law, as it was founded in Germany by Friedrich Carl von Savigny and Jakob Grimm , and is characterized by high recognition of historically grown customary law and justice as the primary source of law. Bogišić was permeated by the idea that the law must emerge from the culture, language and living legal tradition of the respective legal community, because only then could it meet their specific needs and find acceptance.

In doing so, he turned against the implementation of foreign law as well as against idealistic legal systems of conceptual jurisprudence . It was also important to him that the law could be understood by the people, and he therefore tried to form a concept based on the spoken South Slavic vernacular. His interest in national culture corresponded to his activities in collecting folk songs, folk tales and proverbs, and oral epics . In addition to research in the field of law and legal ethnology, Bogišić has also made great contributions to the collection of Serbian and South Slavic oral literature in general.

Works

Monographs (selection)

• On the causes of the defeat of the German army in the Hussite War, Giessen 1862.
• Slovenski muzeum, Novi Sad 1867.
• Pravni običaji u Slovena, Zagreb: Jugoslavenska akademija znanosti i umjetnosti, 1867. online
• Oб научной разработке Исторiи Славянского права, St. Peterburg 1870.
• Pisani zakoni na slovenskom jugu, Zagreb: Jugoslavenska akademija znanosti i umjetnosti, 1872. online
• Разборъ сочинения К.А. Попова "Россия и Сербия", St. Petersburg 1872.
• Zbornik sadašnjih pravnih običaja u južnih Slovena I, Građa u odgovorima iz različnih krajeva slovneskoga juga, Zagreb: Jugoslavenska akademija znanosti i umjetnosti, 1874.
• Narodne pjesme iz starijih, najčešće primorskih zapisa I, Belgrade: Srpsko učeno društvo, 1878. online
• Aperçu des travaux sur le droit coutumier en Russie, Paris 1879 (Nouvelle Revue historique de Droit français et étranger) = Osvrt na radnje o običajnom pravu u Rusiji, Belgrade 1879.
• De la forme de inokostina de la famille rurale chez les Serbes et les Croates, 1184 (Revue de droit international et de législation comparée) online = O obliku zvanom inokoština u seoskoj porodici Srba i Hrvata, Beograd 1884.
• Speaking of the Civil Code of Monténégro. Quelques mots sur les principes et la méthode adoptés por sa cofection, Paris 1886 = Povodom crnogorskog građanskog zakonika, Beograd 1888.
• Acta coniurationem Petri a Zrinio et Francisci de Frankopan nec non Francisci Nadasdy illustrantia, 1663–1671, Zagreb 1888.
• Tehnički termini u zakonodavstvu, Belgrade 1887.
• O porodici i nasljedstvu u pravnoj sistemi, Belgrade 1893.
• Le statut de Raguse, Paris 1894 (Nouvelle revue historique de droit français et étranger).
• Zbirka slovenskih inkunabula, Dubrovnik 1898.
• Uputstva za sabiranje pravnih običaja srpskog naroda, Belgrade 1900.
• Liber statorum civitatis Ragusii compositus anno 1272 (with Constantine Jireček), Zagreb 1904.
• Pravni običaji u Hercegovini, Crnoj Gori i Albaniji, Titograd: Crnogorska akademija nauka i umjetnosti 1984.

Editions

Opšti imovniski zakonik za knjaževinu Crnu Goru, first official edition in 1888, second in 1898, third in 1913.

Translations

• Codigo general de los bienes de Montenegro, Madrid 1891.
• Code général des biens pour la Pricnipauté de Monténégro de 1888, Paris 1898.
• General Code of Property for the Principality of Montenegro, Berlin 1893.
• Codice civile generale pel Principato del Montenegro, Spalato 1900.
• Общий имущественный Законникъ для Княжество черногорского, St. Petersburg 1901.
• General Property Code for the Principalities of Montenegro, Podgorica 2006.

Collective editions

• Pravne rasprave i članci, vol. 1, Belgrade 1927.
• Izabrana dela i opšti imovinski zakonik, Belgrade 1986.
• Izabrana djela, Vol. I-VIII, Belgrad / Podgorica 1999.
• Izabrana djela, Vol. 1–4, Belgrad / Podgorica 2004.

Edited correspondence (selection)

• Valtazar Bogišić i Franjo Rački - Prepiska, Zbornik za istoriju, jezik i književnost srpskog naroda XXV, 1960.
• Prepiska Stojana Novakovića i Valtazara Bogišića 1842-1915, Zbornik za istoriju, jezik i književnost srpskog naroda XXVIII, 1968.

literature

• E. Hüttl-Hubert:  Bogišić, Valtazar. In: Austrian Biographical Lexicon 1815–1950 (ÖBL). Volume 1, Verlag der Österreichischen Akademie der Wissenschaften, Vienna 1957, p. 98.
• Miloš Luković, Bogišićev zakonik, Beograd 2009.
• Surja Pupovci, Valtazar Bogišić, Podgorica 2004.
• Carlos Petit, The Code and the Goats - Western Law in Less-Western Cultural Contexts - On the Code of Property of Montenegro. Journal of Modern Legal History 1998, 212-224.
• Surja Pupovci, Valtazar Bogišić u svetlu dokumenata iz ruskih arhiva, 1996
• Stane Dianović, Balthazar Bogišić 1834-1908 (German by Ivan G. Škiljan). Institute of History of the Yugoslav Academy of Sciences and Arts in Dubrovnik, Cavtat 1987.
• Werner Zimmermann, Valtazar Bogišić 1834-1908 - A Contribution to South Slavic Intellectual and Legal History in the 19th Century, Wiesbaden 1962.
• Niko Martinović, Valtazar Bogišić I - Istorija kodifikacije crnogorskog imovinskog prava, Cetinje 1958.
• Bogišić's autobiography in Kalendar Dubrovnik, Dubrovnik: Srpska Dubrovačka Štamparija A. Pasarića, 1900, 1901, 1902 = Spomenica Valtazara Bogišića, Dubrovnik 1938/1940, 35 ff.
• Karl Dickel, Études sur le Nouveau Code Civil du Monténégro et sur l'importance des principes suivis par l'auteur de ce code en matiere de codification, 1891.
• Karl Dickel, On the new civil code for Montenegro and the significance of its principles for the codification in general with comments on the new draft of the German civil code, Marburg 1889.
• R. Dareste, Le nouveau Code Civil du Montenegro, 1888.
• Feodor Demelić, Le Droit contumier des Slaves méridionaux - d'après les recherches de MV Bogišić, Paris 1876.

Individual evidence

1. ↑ Cf. Ehrlich, Die Erforschung des Lebenden Rechts, Schmoller's Yearbook for Legislation, Administration and Economics in the German Empire 35 (1911), page 129, etc.
2. ↑ The following after Stane Dianović, Balthazar Bogišić 1834-1908 (German by Ivan G. Škiljan). Institute of History of the Yugoslav Academy of Sciences and Arts in Dubrovnik, Cavtat 1987.