Recepcija dva rimska edikta u Srpski građanski zakonik

Abstract

The following edicts were issued by the praetor who designed them in order to protect the safety of Roman citizens and their movement in the vicinity of tall buildings: de is qui deiecerint vel effuderint and ne quis in suggrunda. The first edict regulated the liability in the cases where damage was caused by the expulsion of items or liquids out of buildings into the street. The second covered the liability for dangerously placed objects, which could injure the passers-by or cause damage. After the Austrian Civil Code, the reception of the aforementioned edicts is found within the Serbian Civil Code. These forms of liabilities consist of the following fundamental elements: capacity to be sued, the grounds of liability, actions causing damage or imposing danger and premises of a building which may cause damage or impose danger. By comparing the regulation of these elements in the Roman law and Serbian Civil Code, the author examines to which extent and manner the reception of Roman law took place.