responsible and lawful persons

responsible and lawful persons

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The Croatian language version of the Statute uses the phrase fizičke i pravne osobe, ‘physical and legal persons’, and this has been interpreted in the translation with some licence. In Croatia, a ‘physical’ person is an individual human being whilst a ‘legal’ person is any legal private entity. This distinction between physical and legal persons is believed to have come from Austro-Hungary (1867 – 1918), and have been passed to the Kingdom of Yugoslavia (1918 – 1941), through to the Socialist Federal Republic of Yugoslavia and then to the Republic of Croatia. Austria and Hungary in the later 19th century made efforts to harmonize their laws and legal systems, and that of their empire, so it appears that other parts of eastern Europe would also have inherited this distinction of persons from there. This harmonization was not completed. These terms are believed to be Austrian in origin and Germany uses them and they have obtained a wider common usage internationally. Originally the term natürliche Person (in German, prirodna osoba in Croatian) is believed to have been used but this was abrogated in favor of fizičke osoba, ‘physical person’, during Yugoslavia. The reason for this change is assumed to be the fact that ‘natural’ had specific Marxist ethical and aesthetic meanings when it came to people. It may have been thought inappropriate as a reference to a person who, in the eyes of criminal law, for example, might be ‘un-natural’, that is, a transgressor against the socialist order. In communist Yugoslavia the range of legal persons was limited to the organizations that were permitted under the laws of that state. There was no question of a group of dissatisfied citizens presenting themselves as a legal person to seek compensation from the state in the courts. Despite Croatian complaints of Serbian domination of the Kingdom of Yugoslavia, it appears that many of its legal reforms came from the Austrian legal framework that Croatia inherited. There is no doubt that this absorption of Austrian legal notions, procedures and acts within the kingdom assisted the rapid formation of the Yugoslav socialist state post Second World War.

. One other facet of the Croatian legal system inherited from Austria-Hungary is the criminal trials system, where two lay persons form the jury. Austria-Hungary is believed to have copied aspects of the French jury system of the later 19th century. However, what constituted Croatia, at that time, saw only two jurors in criminal trials, and this has remained. Originally this was probably for ‘administrative’ reasons. Firstly, the low rate of literacy in the country at that time may have dictated this. Secondly, by placing limitations on who could be a juror, including those of education, wealthier and more educated people, whose good fortune was more entwined with the empire, could be selected to uphold its laws. It is genuinely difficult to get information on the history of the legal system in Croatia, and in English, about foreign legal systems generally and this text has been largely surmised. Wikipedia is only a very general reference and it is slightly misleading as it presents foreign legal concepts in English, as a point of reference, when they have no working legal meaning in English speaking countries, and the geographical limitations of these concepts is not clearly enough stated. Comparative legal studies is potentially an interesting subject but it is in no way accessible to the general public. Publications seem to be very esoteric and sparse, for example.