Прилог проучавању наследно-својинских односа у другој половини XX века : на примеру Врања и околине

Abstract

Прилог представља елаборат израђен поводом истраживања институције наслеђивања у врањском крају у другој половини двадесетог века. Укратко речено у раду је дато објашњење теоријско-методолошког оквира истраживања које има за циљ да сагледа место и улогу обичајно-правних начела у оквиру савременог државно-правног система.

As may be seen from its title, the subject of this paper is the institution of inheritence. In their research of phenomena within the sphere of common law, our ethnologists have not devoted enough attention, or at least not as much as was devoted to some other topics, to the regulatory aspects of succession-property relations. It may therefore be inferred that the institution of inheritence has not been carefully studied in our science, particularly as concerns to contemporary society. Such observation gives impetus to a scholar to apply his efforts to the above subject. However, it is not the only, nor the most essential, reason why I have tumed my attention to the institution ofinheritence. The choice and treatment of the subject has largely been influenced by the fact that the common law norms are most pronounced and best preserved in the institution of inheritence. Another stimulus for the scholar to engage in research of this institution is provided by the fact that the duality of common law and official legislature is articulated to the greatest possible extent exactly in this institution. The very fact that there exists a duality between the two legal systems would not be particularly interesting had the two principles not been simultaneously applied down to this very date. And it is exactly this kind of incompatibility and parallelism between the common law principles and legal principles that has determined the concept of my research. The plan was to observe the two legal systems concurrently so as to fathom their mutual impact and the changes produced thereby in each one of them. The research work focused on the town of Vranje and its neighboring villages. The location was chosen, inter alia, because the town of Vranje with its surroundings had for a certain period of time been treated by the authorities as an underdeveloped area. Due to this qualification, but also due to its natural-geographic position (southern Serbia), the region of Vranje was regarded as “backward”, both in socio-economic and in cultural terms. Such attitude produced a mechanic conclusion that traditional forms of life there had a bigger share than in the other “more advanced” parts of Serbia. This would imply that the region of Vranje is particularly suitable and interesting for research of succession-property relations. However, this conclusion could be deemed corrrect only if the scholar takes the said assumptions for granted and determines his research framework accordingly. Otherwise, the above may amount only to an additional stimulus to investigate this environment which may be, but does necessarly have to be, diferent from the other regions of Serbia. The time frame in which the problem is observed is the second half of the 20th century. In the course of 60-odd years, Serbia experienced radical socio-political and economic changes. Within a relatively short period od time there unfolded essentially different processes in the society, which certainly had an impact in the sphere of inheritence. Thus, it may be concluded that this paper explores a contemporary common-law view in the specific cultural environment.