Pažin: By drafting the Civil Code, we will prevent arbitrariness or inconsistency in the interpretation of regulations

"Then as now, the codification of civil law, that is, the development of a comprehensive set of rules and principles of social life, was nothing more than the legal profession's effort to satisfy the need for stronger and more reliable protection of justice and human dignity, as the two greatest ideals of law," he said. Pazin
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Zoran Pažin, Photo: Luka Zeković
Zoran Pažin, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.
Ažurirano: 11.03.2018. 10:44h

By unifying the legal rules and norms governing contractual, family, inheritance and other civil rights, greater legal security for citizens and the economy will be ensured, said the Deputy Prime Minister Zoran Pažin.

The Commission for drafting the Civil Code started working on its first part at the beginning of this year.

"By drafting the Civil Code, we will prevent any arbitrariness or inconsistency in the interpretation of various regulations, ensure a clear and reliable legal base for the development of the domestic economy and foreign investments, and modernize our legal system according to the highest international legal standards," Pažin told the MINA agency.

He reminded that this year marks the 130th anniversary of the adoption of the General Property Code for the Principality of Montenegro by the great jurist, legal historian, encyclopedist, ethnographer and sociologist Valtazar Bogišić.

According to him, this undoubted monument of Montenegrin and European legal culture from the end of the 19th century represented society's response to the challenges of the time and then, as well as today, the young Montenegrin state, just a decade after the Berlin Congress.

"Then as well as today, the codification of civil law, i.e. the development of a comprehensive set of rules and principles of social life, was nothing more than the legal profession's effort to satisfy the need for stronger and more reliable protection of justice and human dignity, as the two greatest ideals of law," he said. Pazin.

Historically speaking, he believes, this need has always been particularly pronounced in societies that are at turning points in their development, in international and internal circumstances that call for strengthening national unity, strengthening the synergy of the state and society, and the need for strong economic development based on greater legal security.

"In today's Montenegro, where, after the restoration of state independence, we irreversibly linked our security and development perspective to the values ​​of the community of Western democracies, we are in such a social moment - when national unity, the strength and credibility of state institutions, and a reliable legal environment for economic progress the daily development needs of our society", Pažin said.

He emphasized that this initiative is based on these needs and these reasons in today's Montenegro. "After 130 years, we started again on the path of codification of Montenegrin civil law - undoubtedly the most demanding legal work since the restoration of state independence".

According to him, in this effort we will be guided by the need to harmonize domestic legislation with the legal acquis of the European Union, but also, as a future member of the Union, to meet the trend of convergence of European civil law.

As he stated, what is even more important, by unifying the legal rules and norms governing contractual, family, inheritance and other civil rights, greater legal security for citizens and the economy will be provided.

"By drafting the Civil Code, we will prevent any arbitrariness or inconsistency in the interpretation of various regulations, ensure a clear and reliable legal base for the development of the domestic economy and foreign investments, and modernize our legal system according to the highest international legal standards," said the Deputy Prime Minister.

He said that this demanding legal work would not be possible without the advanced academic and practical knowledge of a large number of prominent legal experts.

"That is why I express my deep gratitude to the team of eminent professors and experts who have worked on various aspects of this project in recent months, and above all to the Montenegrin Academy of Sciences and Arts, whose advanced academic knowledge gives this important mission the necessary theoretical direction and foundation," Pažin said.

He said that he is particularly glad that "we are not alone" in this business. "We owe a lot of thanks to the AIRE Center from London and the British Embassy in Podgorica for their long-term partner support and expertise."

Pažin reminded that the Government of Montenegro, at its session on December 14 last year, formed the Commission for Drafting the Civil Code, of which he is the president.

Members are CANU president Dragan Vukčević, professors at the Faculty of Law Zoran Rašović, Radoje Korać and Dragan Radonjić, judges of the Supreme Court Miraš Radović, Nataša Božović and Dragica Milačić, lawyer Tamara Durutović, assistant secretary of the Secretariat for Legislation Slavica Bajić and director general of the Directorate for Civil Legislation and supervision by Ibrahim Smailović.

The Secretary of the Commission is an independent adviser in the Ministry of Justice, Đina Popović.

At the beginning of the year, the commission started work on the first part of the Civil Code, and announced the work at a conference held on March XNUMX in CANU.

Pažin said that he is convinced that our society is up to the great challenge of creating this capital work of Montenegrin legal culture.

"I am sure that the burden of the historical significance of this work and the authority of its great predecessor will not hinder today's legal profession, but will inspire and direct it to, after 130 years, give another testimony of the historical effort of Montenegrin society to protect justice and human dignity, as its defining values Pazin said.

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