The contract of sale in Serbian medieval law

This paper provides a comprehensive analysis of the contract of sale in Serbian medieval law, based on a broad corpus of legal and customary sources. Starting from the works of Teodor Taranovski and Aleksandar Solovyev, the study examines how the contract of sale functioned as a central institution of private law during the Nemanjić period. Although the Serbian medieval legislation primarily regulated public law relations, numerous provisions of Dušan's Code, royal charters, commercial agreements with Dubrovnik, and preserved private deeds (most notably the Prizren Title-Deed from the 14th century) reveal a developed system of contractual obligations. The paper identifies and explains the essential elements of the contract of sale, including the object of sale (movable and immovable property, as well as certain rights) and price. Special attention is given to civil law institutes such as pre-emption rights, the seller's duty to protect the buyer from eviction, and the role of procedural mechanisms in safeguarding contractual rights. A significant thematic component of this study is the influence of Byzantine law on Serbian medieval legal practice. Scholars' views on the extent and hierarchy of these influences differ, but the analysis demonstrates that Serbian private law cannot be fully understood without situating it within the broader Romano-Byzantine legal tradition. The Prizren Title-Deed, structured on the Byzantine formulaic patterns (formularies), serves as a key example of this reception. By combining the historical source analysis with the methodological principles advocated by Taranovski, especially the necessity of comparative legal history, the paper shows that the Serbian medieval contract of sale reflects a synthesis of domestic customary norms and external legal models. The concluding part emphasizes that this institution not only illuminates the practical functioning of private law in medieval Serbia but also contributes to a deeper understanding of the broader legal culture and its position within the legal developments in medieval Europe.