Agency in Serbian medieval mining law

Abstract

An article of the Despot Stefan’s Mining Code regulated agency. The paper analyses the rule and tries to answer three principle questions:

1. What was the type of agency?


2. What were the contractual formalities of the agency contract?


3. What was the origin of the word „naručnik“, used in the Code to designate the agent?

Applied methods are linguistic, historical and systemic interpretation of the Mining Code, Emperor Dušan’s Code and St Sava’s Nomocanon, as well as the comparative method.

Results indicate that the agency was a direct one. The contractual formalities included a written instrument, solemnized or at least registered by public authorities. The term “naručnik” (naruçnik, нарȣчник, нароучник) was more likely a translation of the German word “besteller”, used in the meaning of “agent” in the mining codifications of Jihlava, Kutna Hora and Freiberg, than a development of the expression “poručnik” (пороучьникь), which could be found in St Sava’s Nomocanon.

The city Statute of Dubrovnik did not regulate agency in a general manner. In all mentioned mining law codifications, there was a particular provision on the agency only in Ius regale montanorum of Kutna Hora and in the Despot Stefan’s Code. In the first case, it was a reception of Roman law (D.3.3.1.pr.). However, in the second, it was an indication of the need of the commerce and highly developed legal culture.