期刊名称：Collected papers of the faculy of law in Split
印刷版ISSN：0584-9063
电子版ISSN：1874-0459
出版年度：2008
卷号：45
期号：2
页码：345-358
出版社：Pravni fakultet Sveučilišta u Splitu
摘要：In this paper, it is shown that Dalmatian statute law in principle did not allow the possibility of denying judiciary (i.e court proceedings) nor right (i.e court decisions) upon observation of lack of legal foundation for making a court decision or because of judge/s’ priori belief in a lack of legal grounding for the lawsuit. Similarly, denying right (i.e court decisions) was not allowed with the excuse of unclear regulations or factual questions. In general, the position of Dalmatian statutes was often shown indirectly in the formula of judges’ oaths that proceedings would always commence when such was requested in the prescribed way, and that they would be meritoriously completed with either a conviction or an acquittal. The judgement had to be founded fi rstly on statutory regulations and, in the absence of such, on subsidiary sources which were often divided according to a strict hierarchy.
关键词：statutes; statutory law; denying judiciary and right; subsidiary legal sources; hierarchy of legal sources
