Hitlers Saarbeauftragter Franz von Papen

Author(s): Reiner Möckelmann / Language(s): German Issue: 1/2018

Franz von Papen is commonly known as the stirrup-holder for Hitler’s takeover in 1933. Less known is Papen’s role in the Nazi regime, namely as Hitler’s vice-chancellor and ambassador, determined by vassalage to the ‘Führer’. Papen, a prominent monarchist and devout catholic, who in November 1933 was nominated by Hitler Commissioner for the strictly religious catholic Saar Basin, followed his mission there to build a bridge between altar and crown, i.e. between cross and swastika. His reputation in the Saar Region rested upon his marriage with a daughter of an influential industrialist and his signature of the Concordat with the Vatican, which he had negotiated on behalf of the Reich Government in spring 1933. Papen’s influence was instrumental for the outcome of the plebiscite in the Saar Region, which was under a League of Nations mandate since 1920, and got restored to Nazi-Germany by the vote of a vast majority early 1935.

Die Anfänge der ungarischen Staatswissenschaft. Politikwissenschaftliche Disputationen von ungarnstämmigen Studenten an deutschen Universitäten im 17. Jahrhundert

Author(s): Béla Szabó / Language(s): German Issue: 1/2018

Over the past fifteen years, Hungarian literary historians have outlined an idea of an interdisciplinary research program that aimed at exploring the early modern history of Hungarian political thinking. One of the most important elements of the proposed work has been to ensure the availability of the texts to be analysed (or analysable) for the purposes of research. The texts to be considered for research purposes are coming from highly various genres. One of the less well-known and less exploited types of texts to be analysed are pamphlets (disputations) that are related to the politics of the period and that educated the dozens of Hungarian peregrinating students who were raised in the 17th century. Contemporary students could gain an insight through these texts and disputes into one of the most popular disciplines of the era, the fundamentals of political science.The study and its annex attempt to identify all the disputations that were protected by students from Hungary or Transylvania at a university of Germany and the Netherlands in the 17th century. It gives an overview of the role of the disputes in the education and their place in contemporary political science. It compares the features available from the database of 3000 disputes protected at German universities with the similar data from its own collection.In these so far underrated works, we should recognize the first traces of theoretical foundation of the Hungarian political thinking.

The Changing Structure of Labour Law: Judiciary Courts and Termination of Employment Contract in the Italian Liberal Age (1865 – 1914)

Author(s): Filippo Rossi / Language(s): English Issue: 1/2018

In these pages the author explains how, during the Italian Liberal Age (1865-1914), Civil Courts deal with the lack of rules regarding employment contract and dismissal (in Italian, ‘licenziamento’), providing a model confirmed by the reforms carried

Self-defense in Theory and in Practice between 1878 and 1944

Author(s): Viktória Deák / Language(s): English Issue: 1/2018

Self-defense is one of the oldest legal institutions in the Hungarian law having the greatest traditions, the rules of which were already included in Act No. V of 1878 called Csemegi Criminal Code. The main issue of this study is how the rules of law concerning self-defense were implemented in the case-law of the Royal Court of Justice Debrecen between 1878 and 1944. For the purpose of finding the right answer to this question I have reviewed nearly 150 boxes stored under number VII.4/c at the Hajdú-Bihar County Archives of the National Archives of Hungary. After analyzing the decisions related to self-defense, I have drawn the conclusion that we cannot say there was a coherent and consistent case-law regarding this legal institution; I believe a long process of development has been required to fill the conceptual elements constituting self-defense with substance.

Zeyd b. Sâbit’in (ö. 45/665) Ferâiz Adlı Eseri ve Ebü’z-Zinâd’ın (ö. 130/748) Şerhi

Author(s): MANSUR KOÇİNKAĞ / Language(s): Arabic Issue: 1/2018

One of the old law/fiqh texts is Farāiz which is thought to be written by Zaid ibn Thābit (d. 45/665). In many classic texts it has been referred to this book and it is mentioned that Zaid ibn Thābit's expertising on the ilm al farāiz. But our findings show that many of researchers who study on the history of codification of Islamic law have not seen this book. In this study, because of the importance of the book, we publish Zaid's Farāiz and the comments written in very early period by Abu'z-Zinad (d. 130/748) on it. Thus, Risāla al Farāiz, one of the oldest fiqh texts written in the period of the Sahāba and expounded in the period of the Tābiūn, will be present to the interest of researchers.

Traktat o zakazie broni nuklearnej

Author(s): Janusz Symonides / Language(s): Polish Issue: 3/2017

The Treaty on the Prohibition of Nuclear Weapons was adopted on 7 July 2017, with 122 countries for and only one (the Netherlands) against, and with Singapore abstaining. The nine countries with nuclear weapons and countries allied with them did not take part in work on the Treaty or in the vote. The Treaty was signed on 20 September 2017 by 50 states and has already been ratified by three countries – the Holy See, Guyana and Thailand. It will enter into force once ratified by all 50 countries. Art. 1 of the Treaty obliges the states parties not to develop, test, manufacture, transfer, take control of, use or threaten to use nuclear weapons under any circumstances. The negative attitude of the nuclear states toward the Treaty will have no bearing on when it enters into force and on the number of acceding parties. The prospect of achieving full and universal nuclear disarmament is distant, if at all realistic within the prescribed time period. However, from the standpoint of international law, the Treaty has tremendous historical significance since it actually delegalizes nuclear weapons, which is important with regard to prohibiting their use. This means that once the Treaty enters into force, all three kinds of weapons of mass destruction will have the same status. They will be illegal.

Od zagrożenia normatywnego do soft power: teoretyczne aspekty analizy dyfuzji modeli instytucjonalnych

Author(s): Anna Wojciuk / Language(s): Polish Issue: 3/2017

The article is mostly theoretical and offers a conceptual analysis of the notions of soft power and normative threat. These categories are operationalized within the broader context of institutional change and evolution. Institutional change is discussed with reference to different institutionalist approaches within the social sciences.

Astroturfing marketing in the political crisis over the Polish judiciary bill in 2017

Author(s): Zbigniew Widera / Language(s): English Issue: 1/2/2017

The aim of this paper is to indicate how the astroturfing method is used in the political crisis over the Polish judiciary bill in 2017. The analysis of literature sources was used as the research method to support the theoretical introduction. Following it, the main method of the analysis of the media content was applied. The formulated hypothesis claims that despite the lack of clear answer regarding astroturfing being the manipulation in this particular case, the importance of astroturfing method in the political market is growing. This topic raises a further question if this method will become a permanent and acceptable tool for political marketing.

Status prawny konia w I Rzeczypospolitej

Author(s): Piotr Krzyżański / Language(s): Polish Issue: 3/2017

The article introduces the history of the horse in the times of the First Polish Republic, focusing particularly on its law aspects. The horse as a tool and a symbol of the ruling class played a key role in creating human civilisation, sometimes also through destruction. Furthermore, the Author outlines possible paths for further research into the issue of the horse influence on the society of the feudal system.

ВЪПРОСИ НА ДОГОВОРА ЗА ПОЖИЗНЕНА РЕНТА

Author(s): Galina Dimitrova / Language(s): Bulgarian Issue: 1/2017

This article deals with a number of Family law and Law of obligations problems of the contract of rent. It is made a characterization of the rent contract. It is shown who will be a titular of the acquired through the contract real rents and how the spouses would be responsible for the obligation of rental payments under the regime of community. It is considered the question is it acceptable one of the spouses to transfer to the other real rights with a rent con-tract with lifelong payments, as we know for the existence of the obligation for maintenance between the spouses. With the analysis of the contract regime it is examined the hypothesis, where the marriage contract consists the clauses of the rent contract, and also of the question if the creditor of the rent payment can claim on the basis of contracted by the spouses solidary liability, thus the author corroborates her thesis with a lot of arguments. When it is applicable the regime of separation are discussed the possibilities of solidary liability between spouses for the obligation of periodical payments on the rent contract and emergence of the common titularity of spouses of the acquired by the rent contract.

РИМСКОТО ПРАВО КАТО СЪСТАВНА ЧАСТ НА СЪВРЕМЕННАТА ПРАВНА КУЛТУРА

Author(s): Alejandro Guzman Brito / Language(s): Bulgarian Issue: 2/2016

In this article, the roman law is presented as a necessary basis for understanding the modern private law. The roman law is present in the modern codifications, whether this is admitted or not. From a historical view the roman law transmits from one century to another due to the work of the great jurists and to the legal education, pointed straight to the practice. In this article are presented also some comparisons between the point of view of the roman jurist and the modern regulation of the same matter in the civil codes of Chile and Columbia.

ПРАВО И КУЛТУРА – ЕДНО ОБРАЗОВАТЕЛНО ПРЕДЛОЖЕНИЕ, ОТ КОЕТО НЕ МОЖЕМ ДА СЕ ОТКАЖЕМ ЕВРОПЕЙСКОТО ПРОСТРАНСТВО НА ВИСШЕТО ОБРАЗОВАНИЕ

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 2/2016

In the article is presented the connection between the law and the philosophy and its dimensions in the modern legal education. The attitude of the professors in the law faculties must be open towards an interdisciplinary debate and permanent cultural dialogue. The historical roots of every discipline must be pointed out, because they can explain it‘s significance and particular autonomy from other matters.

АЛТЕРНАТИВНА ПАРАДИГМА ЗА РИМСКОТО ПРАВО

Author(s): Philip Thomas / Language(s): Bulgarian Issue: 2/2016

The author emphasizes the importance of the study of Roman law in modern law schools, because it shows students that could act differently, and that the decision of a case depends on the social context rather than legal dogma. Thus Roman law can play a new role in legal education.

РИМСКО ПРАВО, ПРАВНО СРАВНЕНИЕ, ИНТЕРДИСЦИПЛИНАРНОСТ

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2016

The historical approach in the domain of romanistic and legal history sciences leads to examination of the roman law as a functional legal system in a specific period of time. Nowadays in the universities the examination of the roman law is limited and without connection with the positive law. It is often isolated to a discipline in the program of the law faculties. The author of this article presents the importance and the role of the roman law for the modern legal education.

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

LEX AELIA SENTIA ТЕКСТУАЛНАТА САНКЦИЯ ЗА НИЩОЖНОСТ РИМСКИТЕ LEGES PUBLICAE

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 1/2015

The article is devoted to the topic of the Roman prohibition laws in the field of private law (leges perfectae) are limited to banning a particular action or establishing a penalty for offenders. Lex Aelia Sentia is obviously the first law that provides in its text nullity when doing acts are contrary to its prohibitions. It is assumed that the assessment of actions contrary to the law as devoid of legal effect and therefore the assessment of the law itself as lex perfecta is a result of the interpretation given by Roman jurisprudence.

САНКЦИИ ЗА НЕИЗПЪЛНЕНИЕ СРЕЩУ ПРЕДПРИЕМАЧА НА ПУБЛИЧНИ РАБОТИ КЪСНАТА РЕПУБЛИКА РАННИЯ ПРИНЦИПАТ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian Issue: 1/2015

In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.

НЕЩО СТАРО, НЕЩО НОВО. АВГУСТОВОТО ЗАКОНОДАТЕЛСТВО ПРЕДИЗВИКАТЕЛСТВОТО ДА СЕ УСТАНОВИ СОЦИАЛЕН КОНТРОЛ

Author(s): Thomas McGinn / Language(s): Bulgarian Issue: 1/2015

ОБЩЕСТВО, ИЗКУСТВО И ПРАВО ПО ВРЕМЕТО НА ОКТАВИАН АВГУСТ: ЖЕНАТА ПРЕЗ ПРИЗМАТА НА РИМСКИЯ КОМИКС

Author(s): Rosalía Rodríguez López,Jaime Vizcaíno Sánchez / Language(s): Bulgarian Issue: 1/2015

The article presented uses a rather innovative and out-of-the-box analyzing method. It is aimed at providing insight into the idea behind an exhibition, called Personajes femenino en el comic de romanos (Female characters in Roman-themed comic books), which took place in December 2014 in Almeria, Spain. The purpose of the exhibition was to outline the typical characteristics of the Augustus-era Roman female by analyzing the female characters in modern-day Roman-themed comic books, which are, despite their entertaining purpose, based on actual historical data.

ОПИТЪТ ЗА НРАВСТВЕНА РЕФОРМА НА РИМСКОТО ОБЩЕСТВО С АВГУСТОВОТО БРАЧНО ЗАКОНОДАТЕЛСТВО

Author(s): Stoyan Ivanov / Language(s): Bulgarian Issue: 1/2015

The marriage legislation was part of Augustus` program to restore the res publica shaken by more than a century of political and social disorder. For Augustus and for men like Livy, Horace and Virgil the solution of the troubles which had befallen the Roman lay in the past, in the values and customs and of an earlier age (exempla maiorum) – family life, the chastity of Lucretia, the moral probity of Cato the Elder, in a word, Romanitas. The political settlement imposed by the principate was not enough without propagation of the Italian stock and of its prisca virtus, which, unadulterated by the attitudes and beliefs of the opulent and decadent east, had won Rome an empire. Ironically, the methods of Augustus of implementing this archaizing social policy, was itself a radical innovation – pervasive intervention by the state in the private lives of roman citizens passing three according to some of the contemporaries severe laws – Lex Iulia de maritandis ordinibus, lex Papia Poppaea and Lex Iulia de adulteriis coercendis, which response is obviously visible centuries after the death of their glorious creator – the reformator emperor Octavianus Augustus.