Arbitraža po uzoru na rimsko pravo u graničnom sporu između Lovrana i Mošćenica (1646.)

The boundary dispute between Lovran andMošćenice of 1646 quite recently received some attention in the literature andwas simultaneously adequately elaborated form palaeographic and philologicalpoint of view. Despite the fact that it is substantially a legal act, its legalcontent did not receive adequate attention of the scholars, which may primarilybe said with reference to its institutes, terms and expressions whose precision, accuracy and legal technical at first sight mostevidently depart from the local feudal legal customs and legal traditions.Moreover, nevertheless that these terms and expressions were written down inItalian language of the time, they evidently represent Italianized version ofterms, expression and legal concepts that originally belong to Latin language. Additionally, their mentions in thedocument at hand have no resemblance to the usual medieval descriptions of thelegal phenomena which have a little in common with normative language or toadministrativefunctional style of that time which distinctively shaped thelegal documents. Because all these indications suggest that the key terms,expressions and institutes pertinent to the boundary dispute between Lovran andMošćenice (and its resolution) might be borrowed from the Roman legal tradition(which outreached this territory by means of ius commune) and theRomano-canonical process, this paper examines origin, roles and functions whichwere achieved in practice by their use in this particular legal matter. Thepaper will specifically explore the procedural mechanism which was employed to reach settlement of the boundary dispute between Lovran andMošćenice and will additionally provide a deeper insight into the possibilitythat in this particular case arbitration conceptually based on the Roman lawwas employed as the means of dispute resolution.