THE NARRATIVE OF POLITICAL ISLAM: CONSTITUTIONALISM AND HUMAN RIGHTS

Author(s): Nikola Gjorshoski / Language(s): English Issue: 1/2018

One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.

Международна кръгла маса „Поглед към славянската аксиология“

Author(s): Vanya Micheva / Language(s): Bulgarian Issue: 37/2018

Характеристики на средновековните ислямски затвори на остров Сицилия (IX – XI век)

Author(s): Desislava Vladimirova / Language(s): Bulgarian Issue: 2/2019

The medieval prisons are part of the Islamic governing system as in the Near East as in the Magreb. The sources about their organization and working methods are rare and straggling. Whatever, medieval Islamic prisons deserve an attention because they are connected with the general institutional environment in the Islamic lands. This article surveys the Islamic prisons in Sicily in the period 9th-11th century. It begins with a review of the emergence of the first Islamic prisons. This information serves as both forming initial impressions and a basis of the subsequent analysis. An important contribution of the article is the collected information from different by language, type and time historical sources. Their careful readings, coupled with a compare analysis, allow us to draw conclusions about the characteristics and location of the medieval Sicilian prisons. Comparison with the prisons in the other Islamic lands over the same historical period shows us common features. This makes it possible to conclude that the penal institutions on the island follow and work on a well-established model.

TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

ГЛАСЪТ НА ЖЕНИТЕ В РИМ. ИСТОРИЯ, КОЯТО РАЗРУШАВА МЪЛЧЕНИЕТО И НЕРАВЕНСТВОТО

Author(s): Amelia Castresana / Language(s): Bulgarian Issue: 2/2020

Nowadays, on the iconic date of March 8th, thousands of women and men fill the streets of our cities to make visible gender inequality. In such a feminist mobilization, voices are raised against the pay difference and the discrimination in the workplace, domestic and sexual violence, and calls in favor of equality between men and women are written in capital letters. Everyone listens, reads, understands and shares these legitimate demands of women. However, these demonstrations have their origins in Ancient Rome. More than 2000 years ago, Roman women went to the streets to protest publicly against sexual violence and abuse of power by men. The article traces the various stages of this protest, as well as in particular the measures regarding the exclusion of women from political life and the restriction of their labor initiative.

ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

IL CONCETTO DI ACQUISIZIONE DELL' EREDITÀ NELLA PRATICA DELLA CORTE SUPREMA DELLA BOSNIA ED ERZEGOVINA DURANTE L'AMMINISTRAZIONE AUSTRO-UNGARICA

Author(s): Mirza Hebib / Language(s): Italian Issue: 2/2020

The complexity and heterogeneity of private law in Bosnia and Herzegovina during the Austro-Hungarian period manifested itself mainly in the field of inheritance law. This area has been described in the literature as an "intricate branch of law". Which law the courts would apply when resolving inheritance cases depended, on one hand, on the legal nature of the item (property) that entered the inheritance, and on the other hand, on the position, i.e. religious affiliation and citizenship of the testator. Regarding the system of acquiring the inheritance, the prevailing opinion was that the inheritance ipso iure passed to the heirs and that there was no time interval from the death of the testator to the taking over of the inheritance by the heirs. However, there were still situations where inheritance acquired legal person status by presenting itself as a party to the legal proceedings. In the context of the application of Austrian Civil Code and the influence of the Roman legal tradition, the article analyzes the evolution of understanding of the concept of acquisition of the inheritance in this period.

LA SOCIETÀ IN DIRITTO BULGARO E LA SUA ORIGINE NEL DIRITTO ROMANO

Author(s): Stoyan P. Ivanov / Language(s): Italian Issue: 2/2020

The aim of this article is to examine and to outline the origin of the contract of societas (partnership) in actual Bulgarian law in Roman law and to present it like a typical example of an institute received by the Roman law towards the Western European codifications of the private law from XIX century. The author makes the conclusion that the contract of partnership in Bulgarian legal system according to the Law of obligations and contracts and the constant interpretative practice of Bulgarian Supreme Court of Appeal follows the genuine Roman law tradition being that a bilateral or multilateral contract with the objective to realize profits for the partners (economic goal), which creates only internal relations without any external effect and without the establishment of an independent legal subject – legal personality.

DALLA CULTURA DELL’'EDUCAZIONE DELL'ANTICA ROMA ALL'INTEGRAZIONE DEI MINORI STRANIERI E ALL'EDUCAZIONE MULTICULTURALE

Author(s): Carmela Zaffino / Language(s): Italian Issue: 2/2020

From Rome come the educational and humanism principles that inspired our culture. In light of these principles, the problem of immigration is analyzed in particular of foreign minors, who have made up a significant part of the migration phenomenon in recent years. The educational debate on multiculturalism that has been addressed among researchers wants to overcome the concept of emergency policies and aims to address reception in a systematic way. In the foreground, action must be taken to improve inclusion practices and that must be dealt with organically in order to implement the constitutional principle of the right to study. In the part that deals with intercultural education, pedagogical science, in an attempt to respond to various needs and different educational realities, aims to implement the regulations on multicultural education. The work outlines some of the main laws enacted for the regulation of the migration phenomenon and the school legislation envisaged for the inclusion of foreign minors.

ПОМИЛВАНЕТО В РИМСКОПРАВНАТА ТРАДИЦИЯ

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2020

The article studies the scope of application, the legal effects and the legal and political concept of pardon as an instrument for full or partial abolition of an imposed penalty in Ancient Rome Empire focusing on both normative resources and historical evidence of the manner in which the institute has been practiced. By outlining both permanent characteristics of pardon which have survived to the present times and features which have changed together with the change-related factors, the analysis contributes to the establishment of a common understanding of the institute.

CIVIS ROMANUS SUM

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2020

Citizenship is a political and legal relationship between a person and a state. The expression Civis Romanus sum! declares the full realization of the rights of the Roman citizen in the Roman state and guarantees him immunity during his stay outside Rome. This understanding of citizenship is carried over into the modern state and as an social institution has played an important role. In Roman law Status includes three main elements inherent in every person – freedom (Status libertatis), Roman citizenship (Status civitatis) and marital status (Status familiae), and the change in this status leads to loss of civil rights (capitis deminutio). The modern elements of the status of Bulgarian citizens will also be considered.

РИМСКОТО ПРАВО КАТО ИЗТОЧНИК НА ТЕОРЕТИЧНО ВДЪХНОВЕНИЕ: СЛУЧАЯТ НА СКАНДИНАВСКИЯ ПРАВЕН РЕАЛИЗЪМ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 2/2020

The article analyzes the large-scale theoretical significance of Axel Hägerström's idea of the magical origin of a number of the institutes of the most ancient Roman law. In the theoretical thought of Scandinavian legal realism, and especially of Hagerstrom's student Karl Olivecrona, the idea develops that legal thinking bears a number of features of primitive magical thinking. Scandinavian realists oppose the alternative of a fact-oriented legal method, which considers legal norms as mere probabilistic conditional statements for how a hypothetical judge would decide in a hypothetical situation. The proposed analysis develops the idea of analogies between magical and legal thinking, considering the relationships between magic and science and magic and religion. The term "magic" in the authors under consideration is shown in its role of an argumentative tool rather than a strictly anthropological concept. The scientific endeavor of Scandinavian legal realists is explained as a radical opposition to the older legal theory. The idea of magic served Olivecronа ultimately to emphasize the importance of legal psychology for legal thinking and to present legal force as the belief in the binding nature of a rule.

ЕТИЧНИТЕ КОМИСИИ ПРИ НАУЧНИТЕ МЕДИЦИНСКИ ИЗСЛЕДВАНИЯ ВЪРХУ ХОРА – МЕЖДУНАРОДНОПРАВНИ АСПЕКТИ

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2020

The subject of analysis is the international legal regulation of the activity of the ethics committees of scientific medical research with human beings. The focus of the analysis is on The Declaration of Helsinki of the World Medical Association on Ethical Principles in Human Clinical Trials (of 1964), The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the so-called Oviedo Convention) and The Additional Protocol of 2005 to the Convention on Human Rights and Biomedicine on Biomedical Research.

TRADITION DU DROIT ROMAIN EN TERMINOLOGIE JURIDIQUE

Author(s): Tihomir Rachev / Language(s): French Issue: 2/2020

Roman law influenced the continental European legal systems not only by the reception of fundamental institutes, but also by the reception of basic legal terminology. Most of the Latin legal terminology is common to the European languages, which is an advantage for the legal education and the practice of the international institutions, issuing their acts in different languages. Being in use out of the context of Roman law, some of the Latin terms received different meaning. Thus in modern times some of the Latin terms are used in very different sense. This scientific report is aimed to examine some of the Latin terms both in public and in private law by comparing their original and their modern meaning in the context of the Roman legal tradition.

АPPELLATIONEM SUSCIPERE – ДИСКРЕЦИЯ И ФОРМАЛИЗЪМ В ПРОИЗВОДСТВОТО ПО ДОПУСКАНЕ НА ОБЖАЛВАНЕТО В РИМСКОТО И В СЪВРЕМЕННОТО БЪЛГАРСКО ПРАВО

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2020

The article concerns a formal and discretionary powers of iudex a quo and iudex ad quem in the procedure of the admission of appellatio in Roman law and contemporary bulgarian law. In Roman law the iudex a quo also has some discretion in this procedure-contrary to contemporary civil procedure in Bulgaria. Discretion is granted implicitly only in favor of the Supreme Court.