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Из Архивския номоканон

Из Архивския номоканон

Author(s): Kamen Dimitrov / Language(s): Bulgarian Issue: 2/2015

Manuscript No. 1160 (XIV c.) from Church-Historical and Archival Institute by the St. Synod of the Bulgarian Orthodox Church in Sofia contains the text of the Slavic penitential nomocanon – rules for church-legal regulation of the behavior of Orthodox Christians derived from Scripture, from the apostolic and the Church Fathers rules, from the rules of the Church Councils. It is believed without necessarily having a direct and clear evidence that on ff. 165a-181b in the manuscript contained a corpus of rules whose alleged author was Patriarch Basil (1186 – 1232) himself. The translation of the rules is carried out from an independently established text of the facsimile edition of the monument. Until now, they have not been translated from Old Bulgarian language to Modern Bulgarian language.

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Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 2/2012

After the amendment of Criminal Procedure Code, made in 2011, the Supreme Court of Cassation in a cassation review, after double remittal of the case to the lower court, in further (third) hearings, has appellate powers – art. 354, par. 5, sent. 2 of Criminal Procedure Code. The act, delivered in this way, is final. This violates the right of appeal of the convicted person, established in art. 2 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Granted opportunity this act to be reviewed under the extraordinary control through re-opening of criminal proceedings can’t ”compensate” the deprivation of the right of appeal. The violation of European standards for right of appeal can lead to many judgments against Bulgaria in the European court of human rights in Strasbourg. That’s why this article should be abolished.

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Българската православна църква и Независимостта на България 1908–1909 г.

Българската православна църква и Независимостта на България 1908–1909 г.

Author(s): Petko St. Petkov / Language(s): Bulgarian Issue: 2/2012

The article examines the attitude of the Bulgarian Orthodox Church towards the proclamation of the state independence of Bulgaria in 1908 and 1909. The text also analyses the public discussion in the press, aroused by the issue concerning the fate of the exarchate in the Ottoman Empire under the changed political circumstances.

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Religious Jurisdictions and Pluralization of Legal Adjudication in Modern Romania

Religious Jurisdictions and Pluralization of Legal Adjudication in Modern Romania

Author(s): Emanuel Tăvală / Language(s): English Issue: Suppl. 1/2021

The ecclesiastical courts of Wallachia and Moldavia had a rich activity especially in the field of family law, heritage and even criminal law. They have a long history since the 14th century and they are still active in modern Romania. They function on the basis of the autonomy principle and they were contested in their rationae personae and rationae materiae activity. We present here some cases and court decisions which actually recognize the existence and the competence of these courts, which are a sign of legal pluralism.

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Sprawozdanie z sympozjum naukowego Synodalność w życiu i misji Kościoła, Kraków, 5 maja 2022 roku

Sprawozdanie z sympozjum naukowego Synodalność w życiu i misji Kościoła, Kraków, 5 maja 2022 roku

Author(s): Leszek Poleszak / Language(s): Polish Issue: 1/2022

Report from the scientific symposium Synodality in the life and the mission of the Church, Krakow, May 5th, 2022

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РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

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OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.

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ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2022

The article examines the real aspects of municipal property. It is indicated that the main reason for distinguishing municipal property as a separate type of property is the municipality as a legal entity and its peculiarities. It has been noted that the complex structure of the municipal body determines the need to designate different bodies to deal with municipal property - Municipal Council, mayor of a municipality, mayor of a district and mayor of a town hall. The issue of so-called "management" as a specific mechanism for redistributing rights and responsibilities in connection with the entrustment of municipally owned objects was examined. The specific methods for acquiring municipal property are specified, as part of its features.

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КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

Author(s): Teodora Trifonova / Language(s): Bulgarian Issue: 1/2022

This article discusses the specifics of the ownership of the land in which a building is constructed in Condominium ownership, when the land is considered to be a common part and when it is held in a co-ownership regime, how the ownership of the land affects the manner of its use, management and disposal.

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The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

Author(s): Delia Mihaela Marinescu / Language(s): English Issue: 1/2022

The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.

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ACQUIRING THINGS TAKEN IN WAR IN THE ROMAN LAW: OCCUPATION VS. THE DISCRETIONARY POWERS OF THE MILITARY COMMANDER

ACQUIRING THINGS TAKEN IN WAR IN THE ROMAN LAW: OCCUPATION VS. THE DISCRETIONARY POWERS OF THE MILITARY COMMANDER

Author(s): Srđan C. Vladetić,Sasha Tucakovic / Language(s): English Issue: 2/2022

Throughout most of their history Romans led occupation wars. The booty of war was an important source of wealth which to a great extent influenced the development of the Roman state and represented the special category of things which belong to the enemy (res hostiles). Those things were treated as nobody`s things (res nullius) and as such acquired by occupation. Since their value was very significant, Romans strived to establish the most efficient looting system. In that respect a military commander had an important role because he was empowered to make decisions regarding the war booty. In this paper authors discuss whether and to what extent the general principle of occupation was supressed by the desire to collect as much war booty as possible through different periods of Roman history.

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IL DIRITTO DELLA CD. ANARCHIA MILITARE TRA ROMA E REALTÀ PROVINCIALE

IL DIRITTO DELLA CD. ANARCHIA MILITARE TRA ROMA E REALTÀ PROVINCIALE

Author(s): Iole Fargnoli / Language(s): Italian Issue: 2/2022

Ruthless struggle for imperial power, hordes of soldiers from uncharted lands, looting, poverty, and epidemic are some of the characteristic features of the troubled era between 235 and 284. However, it is not only negativity that emerges from the sources that allow us to reconstruct the middle years of the third century. In particular, the preponderance of emperors of provincial origin, a clear trace of an evolved relationship between Rome and the provinces, and the intensity of imperial legislation that also dealt with concrete problems of provincials suggest that we should question whether the conventional designation of 'military anarchy' does not constitute a simplistic reduction of a neuralgic meeting point between Principate and Dominate.

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A BRIEF REVIEW OF ROMAN PROVINCIAL GOVERNORS’ TITLES

A BRIEF REVIEW OF ROMAN PROVINCIAL GOVERNORS’ TITLES

Author(s): Milan Milutin / Language(s): English Issue: 2/2022

At first, provinces were governed either by magistrates (consules, praetores) or by promagistrates (proconsules, propraetores, privati cum imperio). The expression pro magistratu was used to designate a citizen who, despite not being a magistrate, used to perform a magistrature, either as a consequensce of an extraordinary appointment (privati cum imperio), or due to a prolongation of the duration of the imperium even posterior to the end of the term (prorogatio imperii). In such cases, their titles would, instead of consul, praetor or quaestor, respectively become proconsul, propraetor and proquaestor. Regardless of whether a governor performed the duty of a magistrate or a promagistrate, he was classified either as a consular or a praetorial one. During the reign of Octavian Augustus, provinces were divided into two groups – provinciae senatus vel populi and provinciae Caesaris vel principis. Irrespective of their titles, every provincial governor was refered to as praeses. Depending on the rank of their governor, both senatorial and imperial provinces were classified as provinciae consulares and provinciae praetoriae. Regardless of whether they were of a consular or praetorian rank, governors of all senatorial provinces held the title of proconsul, giving the senatorial provinces an alternate name: proconsulares. In the imperial provinces, the title of proconsul was held by the princeps himself, which resulted in the need of creating a title for those who actually governed the provinces in question – legatus Augusti pro praetor. Depending on their rank, they were divided into legati consulares and legati praetorii. However, it was not until the Dominate, that the richness of Roman provincial governors’ titles reached its peak.

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SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2022

We will make a brief review and a summary analysis of the most characteristic and particular profiles of the iurisdictio Irnitana, of the more traditional notion of iurisdictio, and, in a more detailed way, we will focus our attention on the competent organs and courts (duumviri, aediles, prefects, municipal senate and court of five decuriones). We will also highlight the different options of the adversarii in the different courts and the special relevance granted by lex Flavia Municipalis to the agreements of the subjects in the lawsuits of the municipality.

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LA PROVINCIA ROMANA DI GIUDEA DOPO LA MORTE DI ERODE IL GRANDE: CONFLITTI RELAZIONALI E CONTRASTI DI SISTEMA TRA IL PREFETTO DI SIRIA, I REGNI CLIENTI E IL GRAN SINEDRIO DI GERUSALEMME

LA PROVINCIA ROMANA DI GIUDEA DOPO LA MORTE DI ERODE IL GRANDE: CONFLITTI RELAZIONALI E CONTRASTI DI SISTEMA TRA IL PREFETTO DI SIRIA, I REGNI CLIENTI E IL GRAN SINEDRIO DI GERUSALEMME

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2022

Historians still debate the exact qualification of the province of Judea, especially following the discovery of the well-known inscription concerning Pontius Pilate, which led to a review of many judgments about the titling of the governor of the region, which would not have been that of procurator as was believed until the discovery, but of praefectus. A careful examination of the sources, in particular of Josephus Flavius and Philo Alessandrino, together with the valutation of the interventions adopted in Judea by the legates of Syria, it can only support the idea that the region was not independent, but with particular reference to military issues, was subordinate to Syria. In this context, although with limited powers following the Roman domination, the more or less independent fringes in the client kingdoms and the authority of the Grand Sanhedrin of Jerusalem survive in Judea.

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INTERDICTA NELLE PROVINCE DEL VICINO ORIENTE?

INTERDICTA NELLE PROVINCE DEL VICINO ORIENTE?

Author(s): Monica Ferrari / Language(s): Italian Issue: 2/2022

The interdictal protection was traditionally considered to be a prerogative of the praetor’s court in Rome. Epigraphic and papyrological sources still reveal that it was applied in several provincial territories, from Cisalpine Gaul and Betica to Egypt and the Middle Euphrates area. Precisely the sources from the eastern provinces, more than those from the Hispanic territory, often represent a real enigma for the interpreter, both because of the linguistic hurdle and the complexity of political and legal history of those territories.Gaius, in the paragraph 139 of the fourth book, introduces the discussion on interdictal protection by placing the proconsul alongside the praetor as magistrates competent to issue interdicta. Again, with reference to the provincial territory, the sources seem to involve a wider range of magistrates and officials who had access to this function, probably through a delegation of general or specific jurisdiction. In the eastern provinces, such delegation was generally granted on a case-by-case basis, as was the case for the procurators of Celesiria or the epistrategos of Egypt. The purpose was probably twofold: to lighten the workload of the praeses and to meet the immediacy requirements of interdictal remedies.

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The Research Activity of Rev. Prof. Remigiusz Sobański in the Field of Substantive Canon Law

The Research Activity of Rev. Prof. Remigiusz Sobański in the Field of Substantive Canon Law

Author(s): Wojciech Góralski / Language(s): English Issue: 8/2022

Remigiusz Sobański (1930–2010), a long-time professor at the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw, and then at Cardinal Stefan Wyszyński University in Warsaw. Although his research focused mainly on the theory of canon law, he also published several dozen works in the field of canonical matrimonial law. These works cover four main research areas: marriage law (general rules), marriage consent, form of marriage, mixed marriages. Moreover, as a judicial vicar, he prepared and published several dozen sentences in the cases of nullitatis matrimonii.

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Sobański’s Critique of the (Particular) Legislation

Sobański’s Critique of the (Particular) Legislation

Author(s): Piotr Kroczek / Language(s): English Issue: 8/2022

Legislation is an art. Fr. Professor Remigiusz Sobański, who analyzed the particular legislation of the (Arch)diocese of Katowice in his scientific activity, was very well aware of this. These academic analyses allowed him to draw up numerous observations and comments, as well as postulates with regard to this law. This article focuses on the formal aspects of law addressed by the great canonist.

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The Missing Concordat in the Czech Republic

The Missing Concordat in the Czech Republic

Author(s): Stanislav Přibyl / Language(s): English Issue: 8/2022

The present article discusses certain aspects of the Treaty between the Czech Republic and the Holy See. The text of the treaty was signed at the level of the government, however, it has not been ratified so far. Some provisions of the treaty are rather superfluous or lack sufficient normative basis. Nevertheless, as the example of Article 9 of the treaty on the recognition of civil effects of church marriages shows that the approval of the treaty by the Parliament of the Czech Republic would have been very beneficial. In fact, in the process of preparation for a new civil code an attempt was made to repeal church marriages recognized by the state. Such a project would have been made impossible by the concordat because church marriage would have been supported by an obligation of the state under international law. Fortunately, the civil code kept church marriages, and confessional law in the Czech Republic has to develop without a valid concordat.

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MATER FAMILIAS

MATER FAMILIAS

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2023

The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.

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