ROMAN LAW FOUNDATIONS OF THE MODERN INSTITUTION OF PERSONAL SERVITUDES

Abstract

Although servitudes did not originally emerge in Roman law, but much earlier, Roman law laid the legal foundations for this institution, as well as for the majority of legal institutions that, through the influence of Roman legal history and tradition, were subsequently received into modern legal systems, including the contemporary legal system of the Republic of Serbia. Following the division of the Roman Empire, Serbia relied politically, culturally, religiously, and legally on its eastern part, the so-called Eastern Roman Empire, better known as the Byzantine Empire. Although medieval Serbian law was initially archaic and predominantly customary in nature, through the reception of institutions from Byzantine law, servitudes gradually found their place within the legal system of medieval Serbia. A major milestone in the reception of Roman law institutions was the enactment of the Serbian Civil Code of 1844, through which traditional Roman law institutions were implemented indirectly via the Austrian Civil Code. Contemporary Serbian law continues its course under the sails of Roman law and, as such, belongs to the family of continental European legal systems, whose origins, spirit, and tradition are rooted in the Roman state and legal heritage. In this manner, the Roman Empire, as the cradle of modern civilization, continues to live on today through its legal institutions. Roman law recognized two forms of servitudes: predial (land) servitudes and personal servitudes. By employing historical, analytical, and comparative methods, the co-authors aim to present the historical development and significance of the institution of personal servitudes from the period of Roman law to contemporary legislative solutions, with the purpose of emphasizing the universality of the Roman legal legacy.