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Title structure of the translated EU legislation and other documents

Verstinių Europos Sąjungos teisės aktų ir kitų dokumentų pavadinimų tipai

Author(s): Lina Murinienė / Language(s): Lithuanian / Issue: 81/2008

Keywords: Translation; administrative style; legislative documents

The article is an attempt to analyse the main grammatical structures employed in translating the titles of legal acts and other documents into Lithuanian, to compare them with the titles of Lithuanian legal acts as well as to identify major tendencies in their translation. The structure of the titles of translated documents is more diverse than the structure of Lithuanian legal acts. The title structure of European legislative acts is often determined by the layout requirements which are common to all Member States and which all institutions translating texts have to observe. In the Lithuanian translations of documents the following major structural types of the titles have been identified: word combinations with the genitive case, prepositional, infinitival and gerundial constructions, descriptive titles, constructions with a subordinate attributive clause and constructions with an active participle. Prepositional and participial constructions are the most frequent (the preposition dėl prevails). The least frequent are infinitival and gerundial constructions. The article focuses on an increasingly evident tendency to personification in the administrative style. Its distribution in the Lithuanian translations of legal acts tends to adopt the following pattern: grammatically correct and metonymic personifications in the titles, such as reglamentas, iš dalies keičiantis kitą reglamentą regulation amending another regulation), shift towards entirely metaphorical expressions. The following constructions are linguistically completely unacceptable: direktyva, išdėstanti aprašą (Directive setting out the schedule); reglamentas, įgyvendinantis straipsnį (Regulation implementing article); reglamentas, skelbiantis konkursą Regulation opening a standing invitation); sprendimas, priimantis įsipareigojimą (Decision accepting an undertaking); susitarimas, įsteigiantis asociaciją (Agreement establishing an association) etc. Constructions containing active participles used in the titles of the legislation and other documents are inappropriate from the point of view of the Lithuanian administrative style, as well as from the standpoint of terminology creation and preservation of its national identity. This tendency ought to be interrupted since it could have negative impact on the entire system of the Lithuanian language.

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Public – Private Partnership – A New Way to Attract Investments

Viešoji ir privati partnerystė – naujas būdas pritraukti investicijas

Author(s): Linas Vytautas Karlavičius,Irena Grigonienė,Birutė Karlavičienė / Language(s): Lithuanian / Issue: 1/2006

Keywords: Public–Private Partnerships; investments; PPP principals; risk infrastructure; assets.

In recent years a marked increase in cooperation between public and private sectors is seen for the development a wide range of economic activities. Such Public – Private Partnership (PPP) arrangements were driven by the limitations in public funds to cover investment needs and also to increase the quality and efficiency of public services. Different aspects of PPP implementation are treated in the article. Considering risk, there are substantiated conditions for possibility to apply the principal of investments with effectivity approach of public interest. Primarily, in the article the public benefit is discussed. Secondly, negative outcome or public risk is disputed. The authors concluded the analysis of problem formulating conditions for applying PPP with maximum public benefit and relative minimum risk.

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The Impact of Merged Organiztions Culture on Enterprise Success

Susijungusių organizacijų kultūrų poveikis įmonės sėkmei

Author(s): Vida Vaitkūnaitė / Language(s): Lithuanian / Issue: 1/2006

Keywords: Organizational culture; merged companies; enterprises success; research methodology

Failures of enterprises forced scientists to pay attention to intangible side of organization. They note that organizational culture can cause success or failure. Most scientists analyzed this influence in non-merged organizations. However, enterprises merge more often, but there are few investigations and they are not comprehensive. In this article the author discusses the concept of organizational culture, its impact on success, discloses the problems of culture analysis of merged companies and proposes the outline of research methodology of culture impact on success. It is proposed to combine quantitative and qualitative research methods, to distribute research into three periods and to separate companies into separate unit, not analyzing them as a single one.

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On the Problem of Implementing Flexible Working Hours at an Enterprise

Lankstaus darbo laiko diegimo įmonėse prielaidos

Author(s): Johan Wilhelm Hink / Language(s): Lithuanian / Issue: 1/2006

Keywords: working time; flexible working time models.

The major trends of working time variation at enterprises and in labour market show that it is constantly decreasing. At the same time, the number of pensioners is constantly growing Therefore, to maintain competitiveness and to get adapted to constantly changing conditions, enterprises should implement new flexible working time models. The implementation of these models means that a worker can freely choose the working hours. The important requirement is to maintain working time balance during a particular period of time.

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Improvement of the Pattern of New Services Development

Naujų paslaugų įdiegimo modelio tobulinimas

Author(s): Juozas Bivainis,Rolandas Drejeris / Language(s): Lithuanian / Issue: 1/2006

Keywords: business of services; new product; new services; implementation of new development; pattern of development; pattern' components.

This article reviews alternative approaches to new product development and new service development. The distinctions between products and services were recognized and mentioned in the article. The pattern of new service development must be different from the pattern of new product development because of special features of services. When compared with the field of new product development, research into new services has seen fewer developments and offers less comprehensive insights. Giving very limited research into new services development patterns, this section also reviews the patterns and evidence of new product development in order to draw a richer perspective of the question. Original modification of the pattern of new services development is introduced at the end of the article. The pattern consists of six functional components: the determination of new services expedience, new services design, analysis, planning, commercialization and evaluation of the implemention of new services. The purpose of all components is argued and commented in the purport of the article. The efficiency of the offered pattern is in the adequacy to the exceptional features of services, in its flexibility to use, which can be self-actualized in two ways: possibility to bypass some stages of the new services development, which are not so purposeful to make. Purposefulness depends on concrete situations. The other way is the possibility to make the work in parallel in some stages. These possibilities depend on concrete situations too.

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Multicriteria Evaluation of the Criteria Weights Based on Their Interrelationship

Daugiakriterinio vertinimo rodiklių svorių nustatymas, remiantis jų tarpusavio sąveika

Author(s): Romualdas Ginevičius / Language(s): Lithuanian / Issue: 1/2006

Keywords: multicriteria evaluation; determination of the criteria weights.

When the number of the criteria used in determining the criteria weights in multicriteria evaluation is sufficiently large some problems can arise. Problem solution may be simplified by assuming that the criteria describing various aspects of the object are interrelated as the elements of the system. These relationships form the potential of each element of the system which can increase or decrease, depending on the relationships between the elements and their nature. To determine the directionality and strength of interrelationship between the system elements, it is sufficient to have an expert’s judgement about the directionality and strength of the relationship between one element and all other elements of the system. Then, basing themselves on the transitivity of interrelationship between values, we can determine the directionality and strength of relationships of the remaining elements. Given the calculated and actual potential of each element of the system, the weights of the elements can be determined.

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Segmentation of Multiple Retailers' Clients on the Basis of Shopping Occasions

Parduotuvių tinklų pirkėjų segmentavimas pagal pirkimo progas

Author(s): Robertas Ivanauskas,Sigitas Urbonavičius / Language(s): Lithuanian / Issue: 1/2006

Keywords: Retailing; multiple retailer; segmentation; differentiation; shopping occasion; customer share.

In case of multiple retailers, segmentation procedures are quite complicated because chain stores most often seek to serve the largest possible group of customers. Therefore traditional segmentation, based on demographic, geographic and psychographic criteria here is not fully suitable. For this reason more attention should be paid towards segmentation that is based on customer behaviour. This issue is not yet comprehensively analyzed and not many empirical surveys are performed yet. This article analyses the possibilities to segment markets on the basis of shopping occasions. The analysis concentrates on customers of chain stores that are operating in Lithuania. Data were collected during two surveys. The first one was qualitative, and it included a set of in-depth interviews with customers. The second was quantitative and it was performed as a part of National Omnibus survey. Both surveys took place in July – August, 2004. The research results allowed defining several typical shopping occasions. These shopping occasions can be characterized by the type of needed products, their quantity and shopping frequency. Depending on the specifics of the concrete needs at the moment, the same customers experience various needs and this triggers different shopping occasions. Then they relate specific shopping occasion with the types and brands of their known retail outlets. Customers were able to even name the chain stores, which in their opinion were the most suitable for a particular shopping occasion. The fact that the majority of customers occurs in several buying occasions and prefers different stores allows concluding that a ‘customer share’ concept can be very much applicable in retailing. Supporting the idea of differentiation, this concept could help understanding, evaluating and satisfying customers’ needs better. As a result, retailers can improve their overall competitive positions. The results allow claiming that segmentation of multiple retailers’ customers on the basis of shopping occasions is efficient and deserves more attention from managers of chain stores. It is important to further analyse the possibilities of segmentation according to shopping occasions in retailing, thus broadening traditional segmentation according to demographic, geographic and psychographic characteristics of retail customers. Possibly, the list of initially defined shopping occasions has to be expanded or changed. Finally, a similar survey of chain stores operating in the other retail sectors would help evaluate whether the concept is applicable under broader circumstances.

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Lawyers and mediators in France in the 11th - 15 century

Advokaten und Mediatoren in Frankreich im 11. –15. Jahrhundert

Author(s): Thomas Gergen / Language(s): German / Issue: 2/2012

Keywords: Legal advisor; notary; mediator; school of law; arbitrator; magister; canon lawyer; prosecutor; religious judiciary; Bonaguida Aretinus/Bonaguida of Arezzo; Yves Hélory of Kermatin/Yves of Tréguier.

With the beginning of legal education in schools of law and universities of law in 12th century the graduates of these institutions also called their attention in the legal practice. Some mediators could be found in South France sources (Languedoc-Roussillon) from second half of 12th century and from first half of 13th century. A specific case of mediation in South France Catalan district illustrates the ability of lawyers to conclude the list of agreement between contra parties, with the help of law. There is also a reflection of lawyers and prosecutors viewed from religious judiciary perspective since 13th century. Attention is also paid to the patron of French lawyers to Saint Yvo (Yves) of Tréguier who lived in 13th century and whose myth was built in the following centuries.

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The first canon of the Code of Canon Law and its legal history basics

Der erste Kanon des Codex Iuris Canonici und seine rechtsgeschichtlichen Grundlagen

Author(s): Stanislav Přibyl / Language(s): German / Issue: 2/2012

Keywords: First Canon; Code of Canon Law.

The author of the article presents the first of the six canons of the Code of Canon Law issued in 1983. The partition of the Catholic Church into Latin and Eastern rites has its long historical development. The church of the Christian West attempted to reinstall a unity lost at the beginning of the second millennium. At present two kinds of Eastern Churches exist: One united with Rome as head of the Church, whose discipline is also regulated by the Code of Catholic Eastern Churches, the other is essentially Orthodox. According to this norm, the Code concerns only the Church of Latin rite and discipline. This regulation supposed future issue of special Code for the Eastern Catholic churches. Obviously, both Codes include norms valid for both rites, especially those concerning the dogmatic principles and natural law.

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Thomas Olechowski − Christoph Schmetterer (Hrsg.): Beiträge zur Rechtsgeschichte Österreichs (BRGÖ), Band 2/2011 (book review)

Author(s): Sebastian Krafzik / Language(s): German / Issue: 2/2012

Keywords: book review

book review

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Francisco Javier Andrés Santos − Chr.Baldus − H. Dedek: Vertragstypen in Europa. Historische Entwicklung und europäische Perspektiven (book review)

Author(s): Jaromír Tauchen / Language(s): German / Issue: 2/2012

Keywords: book review

book review

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Initial-Workshop: „Schlichten und Richten. Differenzierung und Hybridisierung“

Author(s): Carolin Stenz,Dennis Vogt / Language(s): German / Issue: 2/2012

Keywords: reports from history of law

reports from history of law

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On the Transactions Characterized by Mutuality and Donation: Do the Modern Criteria of Legal Qualification Have Roman Origins?

Sui contratti commutativi misti a donazione: possibili origini romane dei moderni criteri qualificatori

Author(s): Roberto Scevola / Language(s): Italian / Issue: 2/2012

Keywords: Objective function of a juridical act; linked juridical acts; ‘mixed-cause’ transactions; mutual transactions; roman law; indirect juridical act; principles of common European law.

The essay, as a start-point for a wider work, aims at highlighting some guidelines in order to understand whether the legal qualification of the features concerned at the same time with bargain and donation may be linked to the Roman legal science as well as to its methods and outcomes, or the Constantinian Review (323 AD), directed to convert donation from a causa adquisitionis into a typical real contract, is the basis for a dramatic change of perspective which founded theoretical elaborations very different from the classical ones. In other words, if one considers that current positive regulation on donation differs so much from the rules on those transactions characterized by mutuality, one may ask: as far as such a topic is concerned, is there, in the modern reconstructions, any legacy of Roman legal science? In the light of this likely legacy, may the Pandectistic theorizations be explained in a more precise manner? After examining the present legal features implied (connection of juridical acts; transactions with multiple ‘objective functions’; indirect juridical act), and after determining their origins in the introductory works to the enactment of the BGB, the main scholarly trends developed on the Roman negotium mixtum cum donatione are taken into account; and, above all, the analysis focuses on the methodological perspectives as well as on the interpretative work directed to link the obligatory bond with the donation. The essay underlines that, notwithstanding the difference existing between modern and ancient approaches, and even after the donation was deemed as a real contract, current legal qualification draws on criteria already used by classical Roman jurists, so that, this activity is clearly grounded on a logical work which is still inspired by ancient solutions. All this will be able to help to improve at the present time the quality of application, principally if these, being at the mercy of the legal science and of the courts, will be embodied in European legal consolidations.

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Consequences of the Changing Migration Model after the World War I.Hungarian Legal Manoeuvres for Regaining a Blocked Tool in the USA

Author(s): Balázs Pálvölgyi / Language(s): English / Issue: 2/2012

Keywords: Hungary 1920-1940; migration; Hungarian refuge house New York; legal case.

Before World War I Hungary built up a functioning subvention system, ensuring influence on and control over the Hungarian migrant groups. In the framework of this migration policy the government transferred amounts through the consul general and the Hungarian Mutual Aid Society for the creation of a Hungarian refuge house in New York. After the lost war, given the new international conditions and together with the lack of funds there was no reason to maintain the subvention system for the Hungarian migrants, coupled with the financing of the pro-Hungarian movements and organizations in the USA. The block of migrant routes, followed by the Quota system, cut the migrant flow from Hungary to America, therefore the Hungarian government had to rethink its migration policy as well. Because of the American legal framework the Hungarian government provided a loan and monetary aid in a semi-official way for the purchase, the Hungarian refuge house was in theory the propriety of the Hungarian Mutual Aid Society. Therefore, its process leading to the sale of the house in the 1920s triggered an intensive reaction on the part of the Hungarian government, which launched a series of legal manoeuvres in order to recover it for the Hungarian state.

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Stick in the Law – Legal Symbolism of Holding, Using, Breaking and Throwing a Stick

Author(s): Antonín Lojek / Language(s): English / Issue: 2/2012

Keywords: Judicial stick; symbolism of the stick; mayor's law; Bambersky court rules 1507; Criminal Code of Maria Theresa 1769.

It would be hard to find a person, who has not heard the saying: they have broken the stick over him, they tossed a stick under his feet etc. What do these sayings mean is the topic of the following article that wishes to introduce the symbolisms of the stick in history, because until quite recently a number of acts and procedures, considered to be legal nature, could not be performed without this object. A stick was necessary to make these acts legally valid. In the article the authors mainly aim to introduce the stick that symbolized judicial power, but also the powers of a number of persons.

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Social Attitudes and Legal Constraints: Army Life in the Habsburg Monarchy 1890 –1914

Author(s): Alan Sked / Language(s): English / Issue: 2/2012

Keywords: Habsburg Monarchy; Habsburg army; officer corps; honour; honour code; honour courts; duelling; military justice; punishments; suicide; sex; venereal disease; homosexuality; anti-Semitism.

The Habsburg Army between 1890 and 1914 was in many ways under attack within the Monarchy. Part of its defence mechanism was to see itself as a 'state within the state' relying on a code of honour and a separate military justice system. However, social forces meant in fact that it came more and more to resemble the wider society of the Monarchy.

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The social and ethical aspects of Roman mandatum - a consideration in law and philosophy

Die sozialethischen Aspekte des römischen mandatum – eine Betrachtung im Recht und in der Philosophie

Author(s): Nikola Galaboff / Language(s): German / Issue: 2/2012

Keywords: Mandatum; amicitia; officium; fides; Paulus; Seneca; law; philosophy.

The complimentary mandatum is only one of the many legal institutions which found its way to the modern codification of modern era by passing the “bridge” of reception of the ancient Roman law – e.g. to the German BGB. While concentrating on the legal-dogmatic basics it conveys quickly that the Roman mandate law was influenced to a great extent by social and socio-cultural conceptions of its day. Therefore subject of the essay at hand are the questions – what was the socio-ethical basis of this legal institution and - how much were the legal thoughts of the late-classicist Paulus in his commentary on the praetorian edict influenced by the philosophical discussions of Seneca’s de beneficiis.

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Castilian Justice and Columbian Injustice: the End of the Government of Christopher Columbus in Hispaniola

Author(s): István Szászdi / Language(s): English / Issue: 2/2012

Keywords: Columbus; Monarchy; Spain; discovery; conquest; tort process; judicial administration; charters; evangelization; Indians; forced labour; treason; Feudalism; Catholic Church; Cortes of Toledo; government of the New World; Viceroy; sources; sodomy; conspira

In 2006 Consuelo Varela and Isabel Aguirre, published the book La caída e Cristóbal Colón. El juicio de Bobadilla. In it they reproduced and transcribed a new historical source that has answered many questions regrding the first decade of Spanish rule in thwe West Indies under Christopher Columbus. The “Pesquisa” against Columbus was discovered by Aguirre in the Archivo General de Simancas, in Spain. The mistery of the true reasons that led to Columbus´ dismissal from office as Governor of the Isles of the Ocean Sea has been resolved. We have researched in the plot of the Columbus Brothers against the economic officials of Queen Isabella, and how the investigation performed by Bobadilla was done following Castilian law. The death sentences signed in of Hispaniola between 1493 and 1500 have been object of interest in order to judge th personal rule of the Columbus family members.

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The function of imperial sanction and ministerial countersignature in Austrian legislation 1861-1918

Die Funktion von kaiserlicher Sanktion und ministerieller Gegenzeichnung in der österreichischen Gesetzgebung 1861–1918

Author(s): Christoph Schmetterer / Language(s): German / Issue: 2/2012

Keywords: Austro-Hungarian monarchy; emperor; sanction; distribution of competencies; act of parliament.

From 1861 to the end of the Austro-Hungarian monarchy two things were necessary to enact a new law: an act of parliament and the sanction by the emperor. Before a new law was published it had to be countersigned at least one minister. The emperor was not liable for his decisions; the ministers, however, were liable for their decisions as well as the emperor’s. This article explores the scope of their liability for the emperor sanctioning laws – especially relating to the distribution of competencies.

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The contract penalty clause in Spanish (mean and foralen) Civil law: Romanist tradition and reform prospects

Der Vertragsstrafklausel im spanischen (gemeinen und foralen) Zivilrecht: romanistische Tradition und Reformperspektiven

Author(s): Alejandro Valiño / Language(s): German / Issue: 2/2012

Keywords: Penalty clause; estimate of damages; breach of contract; performance of contract; harmonisation of European Contract Law.

The author analyses the legal treatment of the penalty clause into Spanish Civil Law, with special attention to the regulation offered by the Civil Code in their articles 1152 to 1155, the differents functions which the penalty clause achieves and the differentiated regulation into Fuero Nuevo of Navarra in the Lex 518. All of this can be seen as a reflection of the dualism in Spanish Legal System between the Common Civil Law (represented by the Spanish Civil Code) and the Foral or Special Law (represented by differents regionals compilations). The regulation of the Spanish civil code sets as general rule the contractual penalty as substitute of the regime of compensation into the article 1101 of spanish Civil Code in case of breach of contract or in case of defective or untimely performance by the debtor. This provision allows to the creditor to avoid a real damage assessment, so that the penalty clause lets a advanced estimate of damages without needing to prove them. But also admits the regulation of the penalty clause into the spanish Civil Code other functions, for instance the cumulative penalty (with the legal and previously valued compensation of damages or with the specific performance). This regulation, unchanged since the enactment of the spanish Civil Code, has been object of special attention by the preliminary draft to modernisation of the law of obligations drawn up by the Commission of Codification of the Ministry of Justice in 2009, picking up some of the guidelines present in other European Civil Codes as well as in the contributions of prestigiouses scholars, which are expression of the effort aimed at the harmonisation of European Contract Law.

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