Adaptation of the 1858 Ottoman Land Code in Bosnia and Herzegovina under Austro-Hungarian Rule (1878-1918)

Abstract

The Treaty of Berlin (1878) mandated the Austro-Hungarian Monarchy to modernize Bosnia-Herzegovina while maintaining Ottoman law. This created a unique challenge: reforming administration and land laws without overhauling existing structures. Austro-Hungarian administrators translated Ottoman laws and gradually reformed the judicial system, introducing precise land titles and a Supreme Court. The 1884 Law on Land Books (GBGBH) sought to harmonize Austrian and Ottoman land laws, establishing categories like full ownership, limited ownership, and State property. Despite these efforts, controversies arose over land ownership and nobility, reflecting deeper tensions between local communities and the occupying power. By maintaining many Ottoman institutions while introducing modern legal concepts, the Austro-Hungarians set the stage for significant political debates over property rights, which played a crucial role in the region's pre-World War I tensions. This legal and administrative restructuring illustrates the complexities of colonial governance and legal adaptation.

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