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U svom prilogu autor govori o historijskim, rodbinskim i pravnim odnosima i okolnostima nasljednog prava na temelju kojih se je grof Frederik Celjski javio kao pretendent na bosansko prijestolje. On je svoja prava temeljio na činjenici da je kćer Stjepana II Kotromanića Katarina bila udata za njegovog bliskog rođaka grofa Hermana Celjskog.
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U svom prilogu autor izlaže sadržaj i ocjenjuje značenje dviju Rezolucija donesenih na dva prva zasjedanja ZAVNOBiH-a, onog u Mrkonjić Gradu 1943. i onog u Sanskom Mostu 1944. godine. On nastoji da ukaže u čemu je historijska važnost i kakav je demokratski i uopće ustavno-pravni sadržaj i politička orijentacija tih dokumenata, kojima je ne samo obnovljena bosanska državnost nego i definiran demokratski sadržaje nove države.
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On 28 March 2018 in the Aula of New Bulgarian University in the presence of students and professors of the Law Department a public lecture dedicated to the issue of some specific features of the US judicial system was presented. The lecturer was Hon. Elizabeth Stong who is at present U.S. Bankruptcy Judge for the Eastern District of New York1. The event has been organised by the Law Department of New Bulgarian University together with the Bulgarian Institute for Legal Initiatives.
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The focus of Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution of consumer disputes is set on the mediation in disputes, arising from sales and service contracts, in which one of the parties is consumer, but а lot of disputes remain outside the field of the directive, and are ready to be resolved by alternative methods. In theory mediation is not allowed in tax–, administrative–, family–, and labour – and social disputes. This article brings up the question whether and to what extent mediation could contribute to the creation of best practices for corporate governance of the public limited liability companies and whether it can be used to resolve disputes in company law. Mediation is examined as a means to optimize the negotiations between two parties and as an alternative to the existing tools for resolving conflicts. It can be useful in resolving conflicts, which arise in the relationships between persons who take part in the management of a company and which are the result of the tension between different groups of interests, in herent to the character of the business activity. The results of mediation go beyond the boundaries of the decision in the given case. Whereas the decision must be good for both sides, the resolution of the specific conflict improves the relations between the persons involved. This also has a positive influence on resolving the forthcoming conflicts and enhances corporate governance practices. That’s why in this paper there is an attempt to reveal the application of mediation in resolving disputes related to challenging the decisions of the general meeting of shareholders and disputes concerning the right to information. Both types of disputes refer to the control over the legality of the decisions of general meetings of shareholders. Mediation cannot be bypassed through judicial claims as the parties are always invited by the court to refer to conciliation and to reach an amicable solution.
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This legal analysis presents an opinion regarding interpretative case No 2/2013 of the General Assembly of the Civil Colleges of the Supreme Court of Cassation whose subject-matter provides an answer to the substantive issue about the calculation method to be used in order to define the compensation under article 225 (3) of the Labour Code. The said legal provision regulates the right of compensation in cases of illegal non admission to working place following the reestablishment of illegally terminated employment. The case-law of the Supreme Court of Cassation is not uniform which has necessitated the interpretative proceedings. In the article there is doctrinal interpretation of the legal provision of article 225 (3) of the Labour Code with regard to article 228 of the Labour Code. On that basis the answer to the substantive issue which is the subject-matter of the interpretative case is as follows: The amount of the compensation under article 225 (3) of the Labour Code is defined on the basis of the most recent remuneration in a full employment month, which the worker has received before the illegal termination of his/her employment. This amount is not dependent on any later raise of the amount of the minimal salary in the period of illegal non admission to work. In this opinion there is also criticism of the arguments in support of the other two views submitted in the course of the interpretative proceedings.
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Since 1997, more and more thematic villages have been emerging in Poland.Their development is based on a specific idea, such as a craft, fairy-tale, or a product.An idea to create such villages came from Austria and Germany, and during the first fewyears it was materialised based on grants from several foundations and the UE. The idea was spreading partly in an organised way (through development plans and community involvement programmes), and partly spontaneously. For the vitality and developmentof this idea it was essential to have a devoted promoter who wrote a handbook on thematicvillages establishment.
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We conducted an analysis of the succession rights of surviving spouse the succession rights of surviving spouse in Ancient Roman Law, Pretorian Law and Imperial Roman Law. Thus, we have done research starting from the Law of Twelve Tables, dating from Ancient Roman Law and we have come across the years until Iustinian’s Codification, in the 6th century BC. The focus is mainly on the historical and sociological context in which the surviving spouse had a usufruct over the decedent’s share which was generated by the transmission of the estate of the deceased and the termination of the matrimonial regime. Concerning every relevant historical period, we have studied the mandatory conditions that needed to be fulfilled in order to provide a legal usufruct to the surviving spouse. However, to enhance the fluency of the study, we have made some remarks related to the rights of the surviving spouse and other heirs, in general.
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The article is dedicated to the analysis of the information we receive from the speeches of Marcus Tulius Cicero against the former governor of the Roman province of Sicily Gaius Verres. Subject of the study are the Roman provincial government, the ways of collecting taxes in Sicily, the subjects involved in the collection of taxes and public revenues in the Roman provinces and their internal organization. In the article are commented and translated many passages from the Verines, which confirm that the companies of the publicans (societates publicanorum), charged by the Roman state with public functions to collect taxes and public revenues in the roman provinces at the end of the Roman Republic, at this period have a particular internal organization very similar to that of the modern legal entities of corporate type.
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In the present work there is compared the imperial constitutions of Diocletian and Constantine I, both in terms of their consistency with the opinions of the classical Roman lawyers and at the level of the legislative technique of their imperial chancelleries, and an explanation of the reasons for the decline of the legislative technique during the reign of Constantine I.
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In the article are researched the roots of the right of inheritance, as a right to accept or to renounce the inheritance, in the Roman private law. An overview over the acquirement of the inheritance in the different periods of the development of the Roman law is made. The author noticed the status of the different groups of heirs in every one of the periods. A conclusion is made that one part of the heirs received a right, which is the same like the right of in-heritance in the contemporary Succession law.
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The issue of a future amendment of Persons and Family act has not been resolved from 2014 until nowadays. In the beginning of the motives of the project for Persons and measures of support act is indicated that changes in the institute of legal capacity are necessary. This institute is of fundamental importance to the legal system and its modification must be made taking into account a number of peculiarities. A starting point in the debate about future changes may be Roman private law. The complex structure of this institute in Ancient Rome can be a major source of ideas for the reform of the modern institute. For this reason the report aims at analyzing the possibilities for changing the age at which maturity occurs in the light of Roman private law.
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The article deals briefly with the historical development of the innominate contracts, from mere agreements not fitting into any of the classical categories of the Roman contracts – the formal, real and consensual contracts to a bunch of diverse pacts which were actionable and had a binding character for the parties who concluded them. After the terminological clarifications introduced by the glossators and under the influence of the cannon lawyers, the commercial practices and the school of the natural lawyers there is no further doubt that innominate contracts have the same binding effect between the parties as all typical contracts, e.g. the sale, the lease and the mandate. The principle “pacta sunt servanda” becomes the major concept behind the conclusion of a contract in the European codifications of the XIX century. The next chapter of the article makes an overview of the regime of the innominate contracts in Bulgarian law after the Bulgarian Deliberation until present by rendering the Bulgarian readers a possible answer how to find the rules applicable to the innominate contracts.
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The present paper reviews the course by which capital punishment has been abolished in Hungary during the late state socialist era. In the first chapter, it introduces the regulations of the first complete Hungarian Criminal Code (Act no. V of 1961) following Code of Csemegi with which, after a one-and-a-half decade interval of extraordinary penal law, the consolidated criminal law have come to prevail again. In the second chapter, it analyses the modifications that was introduced into the Hungarian legal system by the legislator in Act no. IV of 1978 (Hungary’s previous penal code) as regards of the death penalty. In the end, in the third and last chapter, this essay reviews the measures and process by which capital punishment has ceased to exist in Hungary for good and all.
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Nowadays there are numerous jurisdictions acting in the international legal field even though they are a comparatively recent achievement of international law. Due to their increasing number and role it becomes more and more difficult to discern their proper field of competence and their specialization. That often provokes patent mistakes especially in mass media. The present study aims at a concise and comparative presentation of the basic characteristics of the leading international jurisdictions both in the universal UN system and on regional level.
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The author provides brief examination of the origins of the public discourse and subsequent legislative efforts on the institutional, municipal and state levels. The competing rationales for such efforts in the different member-states are discussed and illustrative cases are presented that highlight the problematic nature of such restrictions and the difficult balance between the religious freedom of the Muslim immigrants and the Western societies’ notion of integration.
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In this paper I have touched the principle of protection of foreign investment in EU countries and countries that are not its members. I took a look at their policy in protecting investors. I compared the working system of foreign investment in the countries that are a part of EU and these ones that are not. I have presented two neighboring countries with their similarities and differences in this sphere. They are Bulgaria and Greece. In this paper I have touched the principle of protection of foreign investment in EU countries and countries that are not its members. I took a look at their policy in protecting investors. I compared the working system of foreign investment in the countries that are a part of EU and these ones that are not. I have presented two neighboring countries with their similarities and differences in this sphere. They are Bulgaria and Greece.
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In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions. In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions.
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