Mihailo Konstantinović o radu na građanskom zakoniku u međuratnoj Jugoslaviji

Abstract

The paper analyses the work on the codification of the civil code in interwar Yugoslavia and Mihailо Konstantinović’s opinion of that work, which lasted almost a decade and a half but did not lead to the adoption of the code. The paper describes the environment and circumstances in which the work on codification began, the main actors, their positions, the method of codification, and the outcome of that work – the creation of The Pre-Draft of the Civil Code for the Kingdom of Yugoslavia. Mihailo Konstantinović’s opinion on that work begins with the history of the creation of the Serbian Civil Code, and how it happened that the Austrian Civil Code was used as the basis, as opposed to the French Civil Code. Konstantinović’s arguments for why it was wrong to use the Austrian Civil Code, instead of the 1888 Montenegrin General Property Code are presented.