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Legislation to House Numbering in Austria from 1770 to Today

Legislation to House Numbering in Austria from 1770 to Today

Rechtsvorschriften zur Hausnummerierung in Österreich von 1770 bis heute

Author(s): Christoph Schmetterer / Language(s): German / Issue: 2/2011

Keywords: Austria; house numbers; addresses; population census; building order; competences.

This article explores the legal history of house numbering in Austria from the second half of the eighteenth century to the present. Prior to 1930, federal authorities were responsible for the legal regulation of house numbering in Austrian cities and towns, yet subsequently individual states began to pass their own house numbering laws. However, both federal and state laws had to be implemented by the municipalities. The current study therefore provides a historical overview of the rescaling of house numbering law in Austrian, focusing particularly on the case of Vienna.

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General Principles in the Commercial Code of France of 1807

General Principles in the Commercial Code of France of 1807

General Principles in the Commercial Code of France of 1807

Author(s): Anna Klimaszewska / Language(s): English / Issue: 2/2011

Keywords: French Commercial Code; Napoleonic codification; ordinances of Louis XIV; commercial law; maritime law; commercial partnerships; general principles.

No general part was created in the French Code de commerce of 1807, which was one of the basic objections to this act since its very beginnings. Book I was in fact entitled Of Commerce in General, however, even superficial analysis of its content indicates irrefutably that it contained regulations governing a specific subject matter. The lack of a general part did not mean that codifiers were not guided in the works on the code by any higher principles. On the contrary, while creating or copying given standards from earlier binding acts, they realised a legislative policy which had been adopted in advance, and which, paradoxically, did not aim at creating a liberal background for trade, but at managing the economic crisis with intense state control.

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The Crime of the „Forced Abortion“ before the Regional Court in Olomouc in the Second Half of the Eighties and in the First Half of the Nineties of th

The Crime of the „Forced Abortion“ before the Regional Court in Olomouc in the Second Half of the Eighties and in the First Half of the Nineties of th

The Crime of the „Forced Abortion“ before the Regional Court in Olomouc in the Second Half of the Eighties and in the First Half of the Nineties of th

Author(s): Lucie Bendová-Bednářová / Language(s): English / Issue: 2/2011

Keywords: The crime of the “Forced Abortion”; the Criminal Code of 1852; the Regional Court in Olomouc; woman as a perpetrator; the second half of the eighties and the first half of the nineties of the nineteenth century.

In this article I go in for the second half of the eighties and the first half of the nineties of the nineteenth century. I focus on the characterics of women who committed (or attempted to commit) the crime of the “Forced Abortion”, but also on the characteristic of men who often urged their partners to get the “Forced Abortion” carried out and also of persons who performed the illegal abortions, whether they were physicians, midwifes or persons without medical education. The specific criminal cases of the Regional Court in Olomouc identify the causes of crime, methods of its implementation (mechanical or chemical means used), the way of decision making of the court on the mitigating and aggravating circumstances, guilt and punishment and also the attitude of the Prosecutor's Office in Olomouc and advocates towards the accused and the crime. In the end I present pertinent conclusions and I try to compare two periods - the second half of the eighties and the first half of the nineties of the nineteenth century and the first quarter of the twentieth century.

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Union of Brest and its Dissolution on the Territories of the Congress Kingdom of Poland, Belarusian and Lithuanian Lands

Union of Brest and its Dissolution on the Territories of the Congress Kingdom of Poland, Belarusian and Lithuanian Lands

Union of Brest and its Dissolution on the Territories of the Congress Kingdom of Poland, Belarusian and Lithuanian Lands

Author(s): Przemysław Dąbrowski / Language(s): English / Issue: 2/2011

Keywords: Union of Brest; dissolution; Congress Kingdom of Poland; Belarusian and Lithuanian Lands.

The conditions of the union of Brest were set on a meeting in Torczyn, on 2 December 1594. Once the union was announced in Rome on 12 June 1595, a synod was convoked to Brest. Two letters were drawn – one to Sigismund III, the other to the pope Clement VIII. Cyryl Terlecki and Hipacy Pociej were appointed as plenipotentiaries to talk with the pope. In a letter to the pope they announced subscribing to the provisions of the Council of Florence of 1439, and asked for preservation of the whole liturgy and Eastern rites. In the letter addressed to the king they appealed for preservation of their old privileges and granting them the privileges enjoyed by the Catholic clergy, but also for defense in case of any interference of the Constantinople patriarchs or church sanctions. This issue was to be finally concluded at the next synod convoked in Brest. The act of union was concluded on 9 October 1596. From the times of Catherine II the Union on was doomed to be annihilated. The Orthodox Church viewed Unites as its brothers, separated from the Tsardom in the 16th century. The policy of Russian authorities was very consistent, with short breaks during the rule of Paul I, Alexander I and at the beginning of Alexander II rule.

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Peace treaty from Georg of Podiebrady

Peace treaty from Georg of Podiebrady

Präambel im Fokus –Anmerkungen zum Vorspruch des Podiebradschen Friedensvertrages

Author(s): Magda Schusterová / Language(s): German / Issue: 2/2011

Keywords: Preamble; Peace; Treaty; Christian faith; George of Podĕbrady; Bohemia.

The preambles are generally considered to constitute an introductory or even poetical part of a legal text. The promulgation of the document is announced in the preamble and the reason for its promulgation. However a closer examination reveals that their content could be far reaching. Namely the preamble of the peace treaty of the Bohemian King George of Podĕbrady (1458-1471) reflects interesting philological and juridical aspects of the medieval times, in that it mentions the general peace mission of the princes and their natural commitment to defend the Christian faith. We also find therein citations from the Holy Bible, from the Codex Iustinianus or a partially copied imperial writing of Frederick III. However the Bohemian text does not go beyond the tradition of the late medieval preambles in form and content- peace making among European princes in order to fight enemies of Christianity was one of the common topos at this time.

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A Brief History of River Navigation in Bohemia up to the 19th Century – Part 1

A Brief History of River Navigation in Bohemia up to the 19th Century – Part 1

A Brief History of River Navigation in Bohemia up to the 19th Century – Part 1

Author(s): Bohumil Poláček / Language(s): English / Issue: 2/2011

Keywords: Elbe river; waterway; navigation; water shipping duties; the sworn miller court.

According to archaeological findings in the Elbe river bed alluvium, navigation of rivers existed in the area of Bohemia already in the middle Stone Age (i.e. 6,000 to 4,000 years ago). The first written reports on the navigation along the Elbe preserved in the chronicles relate to the time when the armies of Charles the Great conquered the Elbe Serbs and Bodrces. Around the year 805, Charles the Great forbade its traders to export arms and equipment to Bohemia and the same year some of his troops were sent into the battle on the boats upstream the Elbe to Magdeburg, where they clashed with the Elbe Slavs. Duty as a fee for the use of waterways belonging to the sovereign was introduced in Bohemia according to the Magdeburg example sometime around the 60s of the 10th century. For the college of priests gathered in the church centre of the Litoměřice Castle, the Prince Spytihněv II founded the chapter with the Church of St. Stephen around the year 1057. With the founding charter, which is the oldest in our country and preserved in the original, the prince donated many of his revenues, among others the revenues from the Ústí and Litoměřice water shipping duties. With the gradual centralization of state administration and the growth of royal power it became possible to disrupt the Litoměřice trade monopoly on the Elbe, when with the decree issued by the King Přemyslid Otakar II on November 25, 1274 the town of Mělník received the right to conduct shipping on Elbe. The trade in Roudnice started to flourish from the second half of the 14th century. It was an old settlement of the Prague bishops, which was promoted to the town before the year 1279. Apart from towns, there were also several boats owned by monasteries and nobility which contributed to shipping and trade on the Elbe. In 1226 the Premonstratensian church in Doksany was given the duty-free privilege to bring one boat with salt from Serbia and one boat to export domestic products. In 1340, while he was only the Margrave, Charles IV gave the Prague reeves and councilors a privilege to choose eight sworn millers. The sworn millers eventually become the highest authority on the water in Bohemia and also oversaw the construction on rivers and their navigability, etc. In doubtful cases, they published their final opinions as “the sworn miller court”, a special arbitration tribunal, which had the responsibility of deciding water management disputes.

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Alimony in Hungarian Family Law in the 19th Century

Alimony in Hungarian Family Law in the 19th Century

Alimony in Hungarian Family Law in the 19th Century

Author(s): Eszter Cs. Herger / Language(s): English / Issue: 2/2011

Keywords: marriage; marital property law; judicial practice; traditional family model; gender equality; temporary alimony; final alimony; principle of fault; Hungary.

The system of marital property law was primarily formed by the judicial practice based on traditional customary laws in Hungary in the 19th century. The traditional family model meant on the one hand the personal and property independence of both parties stemming from the full capacity of both parties, on the other hand the position of the husband as the head of the family. This position can explain the fact that temporary and final alimony – although being an institution of property law – was dealt with in the area of the legal effects of marriage on persons in special literature. During marital cohabitation it was the husband’s obligation to provide decent maintenance and cover all expenses incurred in relation to matrimony. Discontinuing marital cohabitation did not terminate this obligation, just as marriage was not terminated by it either. The temporary alimony did not depend on whether the wife was at faulty or not for causing the irretrievable breakdown of the marriage. Before the entry into force of the Matrimonial Causes Act (Act 31 of 1894), denominational laws usually regarded the obligation of the husband to provide alimony to be terminated upon the dissolution of the bond. Contrary to this, the Matrimonial Causes Act created a situation far more favourable for the woman. The intention of the lawmaker was to maintain the non-fault woman’s social and financial status enjoyed during marriage in this way, since “the husband, who caused the dissolution of marriage by his injurious conduct and thus deprived her wife of the financial advantages which she could enjoy in the conjugal life, deserves to be obliged to compensate her for the loss of those advantages.”

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The usucaptionn in the Czech and Roman law

The usucaptionn in the Czech and Roman law

Die Ersitzung im tschechischen und römischen Recht

Author(s): Pavel Salák / Language(s): German / Issue: 2/2011

Keywords: usucaption; private law; Roman law; Czech Republic; civil code.

The article describes the evolution of the usucaption in civil codes on territory of Czech Republic in 19th and 20th century in the comparison to Roman Law. The bearing of the Czech legal regulation on the Roman law changed in the time. In the Austrian civil code (ABGB) we can see great influence. On the other side, the Civil Code 40/1964 Coll. deleted the institutes of possession and usucaption from the czech legal regulation and both were reverted in the novelization in 1982. From five conditions of usucaption in Roman law (res habilis, titulus, bona fides, possessio, tempus) constitutes Civil Code today res habilis, legitimate possessio and tempus. Bona fides and also titulus are included in the term "legitimate possession".

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The Geopolitical Thought of Józef Piłsudski and his Political Camp Concerning Central Europe in Comparison to the Achievements of Other Political Cent

The Geopolitical Thought of Józef Piłsudski and his Political Camp Concerning Central Europe in Comparison to the Achievements of Other Political Cent

The Geopolitical Thought of Józef Piłsudski and his Political Camp Concerning Central Europe in Comparison to the Achievements of Other Political Cent

Author(s): Jakub H. Szlachetko / Language(s): English / Issue: 2/2011

Keywords: Marshall Józef Piłsudski; Second Republic of Poland; geopolitical thought; the idea of federalism; the idea of policy of balance; the colonial idea.

The paper focused mainly on the ideas created by Marshall himself or people from his closest circle. It is worth stressing that federalism, the policy of balance of power or colonialism are not the only manifestations of spatial thinking in Piłsudski’s camp’s foreign policy. During the interwar period, the members of various social organizations united in the so–called Zet Movement were very active, and created interesting variants of the ideas outlined in the article. During the Second World War and the People’s Republic of Poland, owing to political reasons, Piłsudski’s camp’s thought on Central Europe did not influence the reality of the time at all. Yet it persisted within certain circles of the anti–communist independence movement until the 21st century, and it is at present, to a smaller or greater extent, implemented by the right–wing political parties.

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A Few Remarks on the Origination and the Concept of the Labor Code of 1965

A Few Remarks on the Origination and the Concept of the Labor Code of 1965

A Few Remarks on the Origination and the Concept of the Labor Code of 1965

Author(s): Ladislav Vojáček / Language(s): English / Issue: 2/2011

Keywords: Czechoslovakia; Labor law; Labor Code

The author of this contribution focused on the Czech Labor Code of 1965. He outlined both the ideologic foundation of the Code and the practical consequences it had. Moreover, the author explained how it developed over the years and how it was implemented in the practice.

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ABGBand the canonical marriage law

ABGBand the canonical marriage law

ABGB und das kanonische Eherecht

Author(s): Stanislav Přibyl / Language(s): German / Issue: 2/2011

Keywords: Austrian General civil code (ABGB); canonical matrimonial law; Catholic Church

Unlike the Napoleon Civil Code of 1804 which established obligatory civil marriage for all citizens, the Austrian legislature chose confessional principle of matrimony. Different norms were applicable to three parts of population: Christian catholic, Christian non-catholic and Jewish. From the canon law of the Catholic Church the Civil Code adopted the impediment to marriage due to priestly ordination and monastic wows. It also recognized the impediment owing to indissolubility of matrimony as conceived by the Catholic Church. Model permitting people of various confessions to marry according their specific religious rules was later supplemented by an alternative civil marriage in case that the engaged couple would not meet the requirements imposed upon them by the canon law. Since 1870 the civil marriage was made possible between people without religion. By a special law of 1912 the civil marriage was made mandatory to citizens of Islamic faith.

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Reformation of Law Administration in Jean Domat‘s Masterworks

Reformation of Law Administration in Jean Domat‘s Masterworks

Reformation of Law Administration in Jean Domat‘s Masterworks

Author(s): Alberto Iglesias Garzón / Language(s): English / Issue: 2/2011

Keywords: Jean Domat; Reformation of Justice; Code Civil; Natural law; Positive law.

The quest for clarity and legal security in Jean Domat´s legal thought binds his masterwork Les Loix Civiles dans leur Ordre Naturel (1689-1694) to the process of reformation of the judiciary administration in Louis XIV´s France. It is also through this perspective that his legal and philosophical thought reaches the 1804 French civil code. Overcoming medieval jurisprudence and its substitution by sovereign´s law as the main source of legal creation will influence Jean Domat. His great concern about what he thought to be the “false groundings of jurisprudence” came along with his concern about judges not respecting the sovereign´s law. The whole of his legal view is about the increasing absolute power of the king and his means to the unification of law. Aiming to the suppression of the judge´s discretionary legal practice and making him bounded to the sovereign´s law was a certain way to controlling the non-conformist members of the judiciary administration. The main argument for implementing Domat´s view was the (divine) perfection of roman law.

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Beiträge zur Rechtsgeschichte Österreichs. Thomas Olechowski, Christoph Schmetterer (Hrg.), Band 1/2011. Testamente aus der Habsburgermonarchie: Allta

Beiträge zur Rechtsgeschichte Österreichs. Thomas Olechowski, Christoph Schmetterer (Hrg.), Band 1/2011. Testamente aus der Habsburgermonarchie: Allta

Beiträge zur Rechtsgeschichte Österreichs. Thomas Olechowski, Christoph Schmetterer (Hrg.), Band 1/2011. Testamente aus der Habsburgermonarchie: Allta

Author(s): Dmitry Poldnikov / Language(s): English / Issue: 2/2011

Keywords: Beiträge zur Rechtsgeschichte Österreichs

The journal “Contributions to Austrian Legal History” (BRGÖ) was established by the decision of the Austrian Academy of Sciences on November 10, 2010 in order to encourage research in Austrian legal history.

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Czechoslovak Socialist Civil Law in the Years 1948 – 1989

Czechoslovak Socialist Civil Law in the Years 1948 – 1989

Czechoslovak Socialist Civil Law in the Years 1948 – 1989

Author(s): Radovan Dávid / Language(s): English / Issue: 2/2011

Keywords: Czechoslovakia; civil law; Czech civil code; socialism

This article deals with the Czechoslovak civil law in years 1948 - 1989. It is connected with the importance of the changes in the society in years 1948 and 1989 and describes their effects on the legal regulations as well as on the future development. The main aim of this article is to describe a relation between regulations adopted by constitution and regulations adopted in Civil Code as well as to analyze typical institutes of Czechoslovak civil law, for example personal use or structuralism of ownership.

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The Term “Causa” in Roman Law and in the Later Legal Science

The Term “Causa” in Roman Law and in the Later Legal Science

The Term “Causa” in Roman Law and in the Later Legal Science

Author(s): Petr Dostalík / Language(s): English / Issue: 2/2011

Keywords: Roman Law; Corpus Iuris Civilis; Law of obligations; stipulation; legal science of the ius commune; history of the legal science; Czech civil law

This article concerns with the problem of the “cause” of the legal obligations. It traces the origin of the term “cause” from the philosophy of Aristotle and the ways in which this term was used in the Roman legal science. The article aims at the various definitions of the term “cause” in their linguistic, philosophical and legal definitions. The importance of the “cause” in the Roman law of obligations is demonstrated with the help of the most important Roman verbal contract - stipulation. During the evolution of the private Roman law stipulation was present in the both form either causal or abstract. The second part of the article concerns with the later destiny of Roman law cause doctrine, in – as it is usually called – medieval ius commune. The doctrine of “cause” had a significant influence for the evolution of the Czech municipal law and we can find several remarks either in the Municipal Law (Práva městská) of Pavel Kristián Koldín or in the Austrian civil code (ABGB) or in the previous edition of the Czech civil code (Občanský zákoník).

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The changes in family law in Czechoslovakia in the interwar period

The changes in family law in Czechoslovakia in the interwar period

Die Änderungen im Familienrecht in der Tschechoslowakei in der Zwischenkriegszeit

Author(s): Renata Veselá / Language(s): German / Issue: 2/2011

Keywords: Family law; first Czechoslovak republic; Act of divorce; civil code.

The article contains the description of legal regulation of the family law during 1918 – 1938 in the first Czechoslovak republic. The basic theme are the Act of divorce (320/1919) and the attempts of preparing of the new Civil code including family law during that time.

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THE WOMAN TEACHER IDENTITY IN TURKISH NOVEL IN TERMS OF THE SOCIETY GENDER: A COMPRASION APPROACH TO THE NOVELS OF TANZIMAT AND REPUBLIC TERM

TOPLUMSAL CİNSİYET BAĞLAMINDA TÜRK ROMANINDA KADIN ÖĞRETMEN KİMLİĞİ: TANZİMAT VE CUMHURİYET DÖNEMİ ROMANLARINA KARŞILAŞTIRMALI BİR YAKLAŞIM

Author(s): Şahika Karaca / Language(s): Turkish / Issue: 15/2012

Keywords: Public Gender; The Woman Identity; The woman Teacher Identity; Turkish Novel.

In this work, it is tried to be given the changing of the woman identity consideration to teacher heroins starting to study with the novel examples of Tanzimat and Republic term. It is also analised that the similarities and differences between the terms in the changing period of the woman identity to the teacher identity. In this work, at the beginning of the analysing of the woman teacher identity, firstly, the knowledge about taking part in the public life of woman and the period of preferring the teaching as accupation, it is shown the reflection of this in the Turkish novel, too. After that, it is focused on notions like chastity- not chastity, production of new clothes and their tendency to the man clothes, with made genderless/masculine/ugly woman teachers in the arising period of the women’s as teacher to the publc area.

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THE NUTRITIONAL HABITS OF THE UNIVERSİTY STUDENTS LIVING IN DORMITORIES

YURTTA KALAN ÜNİVERSİTE ÖĞRENCİLERİNİN BESLENME ALIŞKANLIKLARI

Author(s): Yahya Özdoğan,Ayşe Özfer Özçelik,Hülya Yardımcı / Language(s): Turkish / Issue: 15/2012

Keywords: Nutrition habits; food; university student; dormitory; Ankara

This research is planned and conducted in order to determine the eating habits of the university students who stay at dormitories. This research is conducted on 369 students consisting of 234 females and 126 males whose ages range between 17 and 39 years and living at Emniyet dormitory in Ankara. The research data were collected through a questionnaire and face to face interviews. Gender was considered as variables in the study. Data were evaluated by using Chi-Square Significance Test (X2). Body weight of 73.7% of the students were found to be normal according to Body-Mass Index. 13.6% of the students stated that they do not have any health problems, 24.1% of them stated that they smoke and 33.1% of the students implied that they use alcohol. 52.6% of the students who took part in the research consume three main meals while 41.2% of those consume two main meals and 6.2% consume only one main mail in a day. The percentage of the students who have a snack during a day is 79.1%. The percentage of the female students who skip a meal out of three main meals was found to be more than those of male students. The ratio of female students who skip all the main meal to lose weight higher than male students. The percentage of the students who always or frequently eat something late in the night was found to be 50.7%. The number of main meals and the snacks of the participant students was found to be inadequate.

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DATA OF HİSTORİAN OF KİNG DAVİT IV THE BUİLDER OF GEORGİA ABOUT SELJUKS

GÜRCİSTAN KRALI IV. DAVİT AĞMAŞENEBELİ’NİN TARİHÇİSİ (XII. YY.) TARAFINDAN SELÇUKLULAR HAKKINDA VERİLEN BİLGİLER

Author(s): Roin Kavrelishvili / Language(s): Turkish / Issue: 15/2012

Keywords: Davit IV; the Seljuki State; Sultan Malikşah; Savtekin; Caucasia

This articles deals with the relationship between Georgian King Davit IV and Great Seljuki State and İrak Seljuks. Unknown historian of the King Davit IV gives important information on internal and foreign affairs of Georgia and the Seljukids, and the Sultans depending on his personal observations.

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ACCORDİNG TO TODAY ARCHAIC ELEMENTS IN THE DİVAN OF SEHÎ BEY

GÜNÜMÜZE GÖRE SEHÎ BEY DÎVÂNI’NDAKİ ARKAİK UNSURLAR*

Author(s): Hakan Özdemir / Language(s): Turkish / Issue: 15/2012

Keywords: Sehî Bey; archaic morphemes; research in historical grammar.

Our classical literature with its given works, today not only for litterateurs but also for us linguists has an identity of rich source. While various features of the era like countless datas belonging to social life and other cultural values can be followed with the help of these texts, furthermore, archaic features seen in vocabulary and some grammar forms are subjects worth for being studied. Sehî Bey Dîvân about which also we discussed in the frame of this subject, contains important datas from the aspect of having alive archaic elements in Turkish language in XVI. century. It will be noteworthy to give an example for one of archaic forms frequently seen in Dîvân: Whilst in the stave of “Dâğlar halkası geydürdi zırıhlar tenüme / Cebe satmak nic’olur göstereyin düşmenüme” first oneness character order/wish affix –eyin affix as at its own form can be diminished to old Turkish era, today now it left its place to –eyim form. This example is noteworthy in terms of both an element in the past having placed in the text and also its usage couldn’t have reached today. esle word meaning “to listen” in the stave of “Hakkıla ger hak olmag istersen/Zikr-i Hakk eyle sözimi esle” also shows another usage again in Old Anatolia Turkish namely having used in the former era but not able to have reached today. This example, besides grammar forms in terms of being a form seen also in vocabulary is interesting. It will be beneficial for also today’s historical grammar researches to study by increasing the number of these and similar to these archaic forms with samples.

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