THE CONTRACT OF SALE IN SERBIAN MEDIEVAL LAW SUMMARY

Abstract

This paper provides a comprehensive analysis of the contract of sale in medieval Serbian law, based on a wide corpus of legal, diplomatic, and customary sources. Beginning with the works of Teodor Taranovski and Aleksandar Solovjev, the study examines how the contract of sale functioned as a central institution of private law during the Nemanjić period. Although medieval Serbian legislation primarily regulated public law relations, numerous provisions of Dušan’s Code, royal charters, commercial agreements with Dubrovnik, and the preserved private deeds—most notably the Prizren Deed from the 14th century—reveal a developed system of contractual obligations. The paper identifies and explains the essential elements of the contract of sale, including the object of sale (movable and immovable property, as well as certain rights), the price, and the consensual formation of the contract, which in practice produced real effects upon the declaration of will and the drafting of the deed. Special attention is devoted to institutes such as pre-emption rights, the seller’s duty to protect the buyer from eviction, and the role of procedural mechanisms in safeguarding contractual rights.A significant thematic component of the study is the influence of Byzantine law—particularly the Ecloga, the Syntagma of Matthew Blastares, and Justinian’s legislation—on Serbian medieval legal practice. Scholars differ regarding the extent and hierarchy of these influences, but the analysis demonstrates that Serbian private law cannot be fully understood without situating it within the broader Romano-Byzantine legal tradition. The Prizren Deed, structured according to Byzantine formularies, serves as a key example of this reception. By combining source analysis with the methodological principles advocated by Taranovski—especially the necessity of comparative legal history—the paper shows that the Serbian medieval contract of sale reflects a synthesis of domestic customary norms and external legal models. The concluding part emphasizes that this institution not only illuminates the practical functioning of private law in medieval Serbia but also contributes to a deeper understanding of the broader legal culture and its position within European medieval legal developments.