ORTAÇAĞ’DA ŞARAP TİCARETİ, MEYHANELER VE BUNLARA GETİRİLEN KISITLAMALAR

Author(s): Ahmet N. Özdal / Language(s): Turkish Issue: Special/2016

Islam, unlike other religions, prohibited alcohol consumption, its production and trade. This prohibition accelerated the production and trade of nebiz (non alcohol), must and soft-drink around Islamic geography. On the other hand, production of alcoholic drink sometimes continued secretively and sometimes not. Publicly wine production was generally associated with whether the producers are Muslims or not. Substantial numbers of wine producers in Persian region were magi. Christians (Assyrian and Armenians, etc…) in Southeastern Anatolia, Iraq and Syria, and Jews and Coptic Christians in Egypt have taken this job. It is possible that the publicly consumption was related to cultural habits. During the Medieval, wine was mostly consumed in some Persian regions, Mediterranean coasts, and great and crowded cities such as Baghdad and Cairo. The taverns were businesses that presented alcoholic drinks and other services for entertainments along with costumers’ tastes. In some periods, the governing authority released activities of tavern likebusinesses without ignoring the advantages offered (high portion of tax revenue). However, such kind of businesses were always open to intervention of public outrage or under personal savings of sovereign who was sincerely depended on his religion.

Мерки за регулиране на брачните отношения по българските земи през ХІХ век

Author(s): Daniela Angelova / Language(s): Bulgarian Issue: 5-6/2015

This article aims to clarify the reasons that necessitate the preparation of orders, messages and statutes regulating marriage, premarital and marital agreements. The information is collected from Codes of bishoprics record books of Bulgarian parishes and correspondences from the National Revival press. The study shows that regulations and orders issued by all institutions of authority, suggesting the existence of a common vision for the development of society. The main goal of the requirements is to establish a balance in relations by freeing poorer families from the financial burden of the wedding.

Zákon o manželskom práve a parlamentné rozpravy v Uhorsku v roku 1894

Author(s): Erika Maliniaková / Language(s): Slovak Issue: 1/2015

We situated our research in the second half of the 19th century. In stated time we observe the change in character of religious experience and sentiment. Since it is not possible to encompass all factors, which secularised Hungarian society within one article, and we focused on one significant step, which changed the legislation and nature of marital relationships. 1894 was marked by turbulent voting in the Hungarian parliament about issues of civil marriage. The law on the civil marriage proposal was drawn up earlier, as part of the proposed church-political proposal, but it was passed only after a vigorous fight under the rule of Alexander Wekerle. The law on the civil marriage proposal changed the character of marriage. The law didn't view marriage as something holy, blessed by Jesus Christ, but as a marital-legal contract. The ministering rights for marrying were passed from the church to the state. The law allowed for divorce. 1894 was also the year of initiating many congresses, at which the politically active part of Hungarian citizens were either for or against upcoming changes. At the same time it was a year of several paradoxes. A set of church-political laws (law on civil marriages, law on faith of children and law on civil registries) came into effect on the 1st of October 1895. A legal article on the reception and emancipation of Jews (XLII/1895) came into effect on the 2nd of November 1895 and a legal article on free faith (XLIII/1895) came into effect on the 22nd of November after being approved by the ruler.

Governing Catholic religious education in Italian state schools: Between the revision of the Concordat and social movements, 1974-1984

Author(s): Guillaume Silhol / Language(s): English Issue: 20/2017

This article focuses on the redefinition of Catholic religious education in Italian state schools, from compulsory religious instruction into a non-compulsory discipline of “religious culture”, by analyzing how the issue is framed and negotiated by political, religious and educational actors between 1974 and 1984. The negotiations between governmental and Church representatives in the revision of the Concordat led to attempts at a compromise on religious education, its regime and its guarantees for students’ choices. However, social movements and school reforms forced various actors and institutions to reframe it in non-confessional, pedagogical and professional terms in public arenas. “Religious culture”, as a category promoted by teachers and intellectuals, became both a social problem and the main justification for the ownership of the Catholic Church over the problem.

Chiesa cattolica e diffusione della “prassi pattizia” a livello locale in Italia. Una rinnovata stagione di relazioni

Author(s): Isabella Bolgiani / Language(s): Italian Issue: 20/2017

The development in Italy of the “bilateral practice” on a local level, particularly in the last twenty years, opens the way for a “new season” in the relations between civil and religious authorities in our country. It introduces a system of relations which is made not only on the traditional level of “summit relations” between the State and the Catholic Church, but also it is based on the possible conclusions of peripheral agreements, in reply to religious demands, found on a local level.

The Common Law and the Canon of Lekë Dukagjini

Author(s): Berat Aqifi,Ardian Emini,Xhemshit Shala / Language(s): English Issue: 1/2019

This paper contains a summary, chronology and analysis of a specific process that Albania has in general, as it is the specificity of blood feud, which is one of the typical and very current problems of the Albanian people. The implication of the second parties and the third parties on these developments in reconciliation of the lynx and the effect of the Canon of Lekë Dukagjini and other socio cultural implications for overcoming the inter human conflicts that find support at customary law, at the same time it is considered as an act to settle down the disputes, a legal and institutional component for the replacement of the courts. Special emphasis is placed on the Canon that Albanian law is an Albanian institution, institutional history, but also a “formulated idea”. It is the mind and spirit of the Albanians, conceived for centuries in the oral tradition, preserved, protected with fanaticism and transmitted as a message, to be understood, disaggregated and absorbed in the way it was formulated and transmitted, without being changed in form and content. The Canons are the product of an ancestral society, when Canon law was the only right to regulate life. Life becomes fierce not only in the sense of confronting nature, but also of people with each other, which is characterized by a constant competition, which one alone can not withstand. One of the challenges that Albanian society and state faces in this decade is the phenomenon of blood feud and revenge, a habit inherited from the ancient past, incompatible with the principles of civilized society and the rule of law.

Le Testament d’Abraham et sa présence dans un convoi juridique et antihérétique (BAR Mss. sl. 636) I. Le texte, son origine et ses versions.

Author(s): Ivan Bilyarski / Language(s): French Issue: 3-4/2018

The article is devoted to an Old Testament apocrypha – the Testament of Abraham – and its presence, its importance and its functions in the convoy of a predominantly legal and polemical antiheretical collection compiled in the Principality of Moldova in the 16th century (BAR, Ms. Sl. 636). The first part of the article presents a deuterocanonical text, its variants, its history and the language in which it was created, and the environment in which it arose. Particular attention is paid to the translations of THE TESTAMENT OF ABRAHAM. Of course, the emphasis is on the Slavonic-language tradition of the text as well as on its convoy in the manuscripts through which we know it. Finally, the original Slavic text is published, with an interpretation of the individual chapters in relation to the Greek prototype of the work.

Le Testament d’Abraham et sa présence dans un convoy juridique et antihérétique (BAR Mss. sl. 636)

Author(s): Ivan Biliarsky / Language(s): French Issue: 1-2/2019

The article is devoted to an Old Testament apocryphon – the Testament of Abraham – and its presence, its importance and its functions in the convoy of predominantly juridical and polemical anti-heretical collection compiled in the Principality of Moldova in the 16th century. The second part of the article proposes an interpretation of the text and its importance mainly in the legal context of the copy (BAR, Ms. sl. 636). What can be the meaning and function of a deuterocanonical text in a predominantly juridical collection? The study of the manuscript itself leads us to the conclusion that the separate elements (legal, polemical, historical, dogmatic, apocryphal) that make up the collection are subject to its general purpose. As for the apocrypha, they can be said to present some biblical point of view. In particular, the Testament of Abraham illustrates the idea of justice and the relationship between human and Divine justice. Human justice serves earthly purposes, and always, even the most just one, implies the idea of punishment, while Divine justice is based on mercy and seeks the salvation of the human soul.

REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

Author(s): Gábor Hamza / Language(s): English Issue: 2/2019

The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.

RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

Kościół katolicki w Rosji i w ZSRR w XIX i XX wieku. Doktrynalne uwarunkowania jego działalności

Author(s): Krzysztof Grygajtis / Language(s): Polish Issue: 3/2006

The Confiscation and Repossession of Monastic Properties in Mount Athos and Patmos Monasteries, 1568-1570

Author(s): Eugenia Kermeli / Language(s): English Issue: 3-4/2000

ВАРИАЦИИ ВЪРХУ "PACTA SUNT SERVАNDA". ОКОЛО И ИЗВЪН ФРЕНСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Pierre Jadoul / Language(s): Bulgarian Issue: 2/2020

Over the time, the experts spared no praise and competed for compliments to describe the French Civil Code entered into force on March 21st 1804. Nevertheless, on the bicentennial anniversary of this code the famous French lawyer Robert Badinter noted: „The most remarkable about the Civil Code today is its longevity rather than its content.” The article provides a brief overview of the process of creating of the French Civil Code, the preparatory actions and discussions, as well as their modern re-evaluation, mainly in connection with the general theory of the obligations and the principle of "Pacta sunt servаnda".

Извън границите на средновековното общество

Author(s): Desislava Naydenova / Language(s): Bulgarian,Old Slavonic,Old Bulgarian Issue: 63-64/2021

Recently, the question of shaping identity and the perception of “the other” (by this term are commonly embraced not only foreigners, but also individuals, social groups and minorities, characterised by a certain degree of abnormality, marginality and exclusion) has become an increasingly popular topic for the researchers of the Middle Ages. This paper seeks to present translations of some Slavonic texts included in the so-called Nomokanon of Pseudo-Zonaras, a canon-law compilation from the beginning of the fourteenth century, that change, through the imposition of penances, the social status of groups and individuals, placing them in a marginal, intermediate, isolated position. The study shows that heretics and members of other religions such as Latins, Armenians, Jews, Muslims most clearly stand out as a group that could be defined as “the others”. Unambiguous and strictly regulated red lines were drawn between them and the Orthodox Christians that should not be violated, since those, who crossed them, were othered, marginalised, seen as outsiders to society. These were conditioned by rules that can be divided thematically into three groups: 1) applying to those who accept another’s faith, 2) relating to food prohibitions, and 3) governing mixed-faith marriages.

The Upbringing of Offspring in Mixed Marriages in a Historical Perspective

Author(s): Tomasz Robert Gałkowski / Language(s): English Issue: 11/2023

The concern for the upbringing of children in the marriages of Christians with followers of other religions or pagans, and then Catholics with non-Catholics, was from the very beginning a concern of the church community. This issue is discussed in the present article, in which the author focuses his attention on foundations of the regulations rather than on their legal aspect. The conducted analyses indicate that there has been a significant shift from the objective protection of faith to the subjective expression of the personal character of the marriage relationship and the related rights and obligations resulting from the free-given grace of belonging to Christ.

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.

Catholic Parishes in the Face of Standards for the Protection of Minors

Author(s): Justyna Ciechanowska,Katarzyna Szwed / Language(s): English Issue: 2/2024

The purpose of this article is to analyze existing domestic regulations aimed at protecting minors from violence and strengthening respect for their rights. The authors focus on the obligations of Catholic Church parishes under the amended Act of 13 May 2016 on counteracting sexual offenses and on the protection of minors (i.e., Journal of Laws of 2024, item 560). The article highlights what should be included in the standards for the protection of minors and discusses who should undergo clean criminal record vetting, as well as the extent of such vetting for personnel who have contact with children.

Supliki z diecezji przemyskiej do Penitencjarii Apostolskiej z XV wieku na tle porównawczym

Author(s): Monika Saczyńska-Vercamer / Language(s): Polish Issue: 20/2024

The subject of the article is a group of about 30 supplications from the Przemyśl diocese from the 15th century, which have been preserved in the archives of the Apostolic Penitentiary. The Przemyśl diocese is a particularly interesting research area due to the diverse religious population living in its area, the coexistence of the Orthodox church organization, as well as close ties (geographical, personal) with Małopolska. It was also a missionary area of the Catholic Church. The number of supplications from the Przemyśl diocese, the smallest among the dioceses of the Lviv archbishopric – less than 30 – is very small compared to the dioceses of the Gniezno archbishopric, but significant (the largest) on the scale of the local metropolis. This should be seen as the result of close ties with the Gniezno metropolis, but the influence (cultural transfer, preaching, care for the cathedral school) of the cathedral chapter environment, which included many outstanding people, such as Mikołaj Wigand, was also significant. The supplications from the Przemyśl diocese illustrate almost the full scale of the authority of the office serving papal reserves. Both broader phenomena (e.g. elite papal privileges) and local specifics (e.g. irregularities in the performance of worship, a specific understanding of marital impediments) are visible. At the same time, they allow us to observe the functioning of canon law in an area that is not only on the periphery of the Western Church.

LATVIJAS PAREIZTICĪGĀS BAZNĪCAS KANONISKĀ STATUSA PROBLĒMAS (1919–1927)

Author(s): Juris Jefuni / Language(s): Latvian Issue: 1/2024

The article is dedicated to the Latvian Orthodox Church’s (LOC) history. It analyzes the problems of autocephaly of the LOC from the establishment of the LOC in 1920 until 1927, when metropolitan bishop Sergii Stragorodskii issued a declaration on the reconciliation of the Moscow Patriarchate with the communist regime of the USSR, thus ending the disagreement on the status of the LOC. The article critically evaluates the historiography dedicated to the interwar history of the LOC, analyzing the problems of autocephaly of the LOC in the context of Church history, canons and practice. Extensive literature has been devoted to the canonical assessment of the LOC autocephaly issue. However, it does not adequately evaluate the fact that during the First World War, the Orthodox Church of the Russian Empire had eliminated its presence on the territory of Latvia, and the Moscow Patriarchate, restored in 1917, was unable to change this situation for several years. When evaluating the canonical validity of the LOC autocephaly, these actual circumstances must be considered. The article analyzes the peculiarities of the exact status of the LOC, as well as the relationship between the LOC and the Republic of Latvia. While the analysis has been carried out using historical source research methods, the present research is interdisciplinary in nature, as it covers the fields of history and theology.