Gaius, Hadzic and occupatio of wild animals - classical Roman law in the Serbian Civil Code

Résumé 0

Jovan Hadzic, the drafter of the Serbian Civil Code issued in 1844 neither translated nor borrowed the provisions of the Austrian Civil Code on the occupatio of wild animals. He applied techniques typical of Roman lawyers - giving examples and cases such as the one in D. 41.1.44, using direct speech. Hadzic was obviously impressed by Gaius and his clear, comprehensible language and style. His language is very similar to that of Gaius (D. 41.1.1-6). Drawing on ancient Roman law and its casuistry, Hadzic drafted provisions which were down to earth and close to common people. His work was of great educational importance to ordinary readers, whose legal culture was at a low level after a long period of Ottoman rule.