CULTURE AND LAW

From the book CULTURE AND LAW I - THE OLD REGULATIONS
Authors: Predrag Malbaša and Tijana Samardzić

 

STATUTE OF KOTOR CITY
Kotor, 1332. Year
Chapter CCXXX
About the division of the squares and streets in the city
In order to avoid any dispute correlated with the streets, it was decided that if someone builds a stone or a wooden construction, they could only be build on a proper land, respecting Commune’s and the street’s interest. The street should be one sežanj* (1.90m) and if it is wider than sežanj (1.90m), those who want to build cannot because it is not allowed to capture or narrow the street. If, however it is build on Commune’s property, it does not give any long term and advanced rights to the Commune.

Chapter CCXXXI
Commune street’s archivolts
In the summer 1316 since many of the many scandals emerged due archivolts which were made over the street, it was decided that in the future no one can make a vault or archivolt over the street’s Commune, unless they show a notary document as a prove from the city’s authority of the Commune.

BUDVA’S STATUTE
Budva, 1426. Year
CHAPTER X
To the neighbor’s door
No one can open a door or window opposite to the neighbor’s door, unless the door it can be opened on the opposite side. If someone does, in contrary pays 12 dinars penalties, from which half belongs to the duke and the other half goes to the municipality. Therefore, the one who does this it is obliged to close the door or the window.

CHAPTER XXIV
The garbage
It is ordered that no one should throw garbage in the hallway, terrace or any public road or any city street, if so the fine cost is 12 dinars, from which half goes to the court and half to the municipality.

CHAPTER CCXXXXVII
The funds for the church of St. Ivan
It was prohibited that no judge or anyone one else dares to take money from the municipality’s custom duty, yet the Custom duty should annually collect money for the activities on St. Ivan’s church. Anyone violating the regulations pays a 50 perper** fine, both, those willing to take the money and those who betray the work on the mentioned church.

 

The elementary school law in the Principality of Montenegro
Cetinje, 13/25. September 1884. Year
Article 63
The teachers are obligated to accurately and impartially describe, whether there are any old monuments, buildings, titles, letters, books, money or things that can be used for the National Museum, etc.


The General Property Code for the Principality of Montenegro
Cetinje, 25 March / 7 april 1888. Year
Article of 718th
The Management of church’s goods and other owners of religious importance, as well as their representatives, despite the others, they would versus else has the world, is by its constitution, the recognition from other rules of law and the orders of their government ,are not inconsistent with state laws.

Article of 719th
Immovable property of the Orthodox churches and monasteries, cannot be sold or given without the special permission of state authorities.

THE FORESTS LAW
Official Newspaper Kingdom Yugoslavia, no. 307 of 21 December 1929.Year
Article 121th
The objects of historical, scientific, and artistic value, the natural beauty and the rareness found in the forest, will be kept and maintained. - Ministry of forestry and mining will prescribe what is necessary for the preservation of these buildings and objects.

THE CIVIL LAW
Official Newspaper Kingdom Yugoslavia, no. 133 from 16 June 1931
Article 24
Historical and artistic cities
For every place, the municipality in agreement with the competent authority for preservation of the antiquities will determine which parts of the city are of historical or artistic significance, such as, which are the old buildings which have characteristic features valuable to be kept. Until the time the regulation is approved and authorized, the temporary rules will apply, which will be done by all the municipalities in agreement with the competent authority and submitted for approval to the competent authorities like in the Article 10th, within six months after this law is made public.
The Minister of Constructions upon hearing the competent authorities can advertise the whole city or smaller town, which historic architectural character is worth to be preserved.
For these kinds of cities or towns in the regulatory plan and building, the Minister of Constructions in accordance with the Minister of Education will give the approval.

 


Article 25
Historical and artistic buildings
New buildings on the streets, on the squares and in some city parts which are advertised such as places of historical or artistic significance, must be designed and constructed so that the image of the place or the street does not lose any of its historical or artistic value.
Construction changes to individual buildings of historic or artistic significance are not permitted in order the original impression of the old buildings not to be diminished and spoiled.
No repair of such buildings may be required or taken, until receiving a prior approval from the competent authorities for the preservation of antiquities.
The owner of the building will make a regular maintenance of these buildings. If the owner does not want to maintain and has benefits from the building, then the municipality at his expense will take care of the building maintenance. However, if the owner cannot take care of the maintenance of the building, taking in account his financial condition and circumstances or would it be difficult because of its wealth and opportunity, then the maintenance will be performed on municipality’s expense. Statement of appeal will be retained when the payment is made.

(Read the complete text of the printed issue of Renome number 6.)

 

 
 
Magazin Renome | 2014 all rights reserved | powered by InfoBit