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РИМСКИТЕ ЖЕНИ МЕЖДУ ИДЕАЛА И СОЦИАЛНАТА ДЕЙСТВИТЕЛНОСТ. ОТ “DOMUM SERVARE” И “LANAM FACERE” ДО “MERETRICIO MORE VIVERE”

Author(s): Francesca Lamberti / Language(s): Bulgarian / Issue: 1/2017

This work starts with an analysis of the numerous „common places" on the topic of the Roman women which are found in the epigraphical and literary testimonies between II century B.C. and III A.D. Amongst them it is glorified the Roman „domiseda" and this who works the wool „lanifica" between the walls of the home, praising first her chastity and observation of the customs („pudicitia"). As a result of the examination of plenty of literary, epigraphical and legal testimonials it is shown how there, where it is considered the position of the woman it is alluded for a certain type of an autonomy or some kind of an eccentricity according to its model the general stereotypes are converted. The woman is blamed that she is „virile", and on the place of the compliments of her temperance and moderation it is passed at the accusation of the female „barking", and the woman without doubts automatically is blamed that she is a prostitute.

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РИМСКИЯТ МИРАЖ „ПРЕЗУМПЦИЯ ЗА БАЩИНСТВО“

Author(s): Valentin Braykov / Language(s): Bulgarian / Issue: 1/2017

The study researches Paulus's sentence in D.2.4.5.The author shares the objections that it is not a paternity presumption and accepts the view that it is a praesumptio voluntatis and an interpretation rule. The link between marriage and children's origin belongs to Plato in "The Republic"-380 BC, Book V, 416D- long before Paulus and the Digests. The suggestion for a paternity presumption comes from Hugo Grotius "The Law of War and Peace"-1625, book II, chapter VI, para VIII 1-3 but first Montesquieu mentions it as a law provision in Lettres Persanes-1721, Letter 86 and then Paris lawyer Mathieu Marais in volume III of his Memoires-1724.

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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.

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РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian / Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.

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РИМСКОТО ПРАВО В СЪВРЕМЕННА ХЪРВАТСКА

Author(s): Marko Petrak / Language(s): Bulgarian / Issue: 2/2016

The aim of this paper is to give an overview of the significance and influence of Roman legal tradition in the Croatian context. The first part of the paper shall present, in broad lines, the bimillenial presence of Roman law in the territory of the contemporary Republic of Croatia. The second part of the paper will focus on the contemporary law of the Republic of Croatia and its Roman foundations. The third part of the paper will briefly analyze the issue of legal education, i.e. the history and the present situation of the teaching of Roman law as part of the curriculum of Croatian law faculties.

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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.

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РИМСКОТО ПРАВО НА КРЪСТОПЪТЯ НА ЕВРОПА. ПРЕПОДАВАНЕТО НА РИМСКО ПРАВО – КЛЮЧОВ ФАКТОР ЗА ДЕМОКРАЦИЯТА И ЕВРОПЕИЗМА

Author(s): Salvador Ruiz Pino / Language(s): Bulgarian / Issue: 2/2016

The Roman Law Area of the University of Cordoba (Spain) consider an important commitment of our educational quality the continuous process of educational innovation that we have developed since 2012. In this academic year we are executing a project of Educational Innovation, entitled "Roman law at the crossroads of Europe. The teaching of Roman law as a key factor of democracy and europeism"

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РИМСКОТО ПРАВО: ЕДНА ДИСЦИПЛИНА ЗА ЕВРОПА

Author(s): Maria Casola / Language(s): Bulgarian / Issue: 2/2016

The article examines the role and the possibilities for studying Roman law today and the condition of the teaching in European universities. Roman law is presented as the basis for the construction of European law (ius commune). Legal science is not entirely focused only on norms, but also on moral values, the dynamics of democracy and pluralism, multiculturalism, public policies. Exploring the values of Roman society in their historical context can be particularly useful for a deeper understanding of modern processes.

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Роль правових актів Європейського суду з прав людини в кримінальному процесі України

Author(s): I. H. Kalancha / Language(s): Ukrainian / Issue: 150/2020

The article focuses on the role of legal acts of the European Court of Human Rights (ECHR) in the criminal process of Ukraine. It analyses national and international regulatory and legal acts as well as highlights the standpoints of scholars, which resulted in defining the need to use the term “the practice of the European Court of Human Rights” aiming to describe the legal acts of the ECHR as a source of Ukrainian criminal procedural law. The article gives ground to the statement that the court order issued by the ECHR which reveals the fact of Ukraine violating international obligations (norms of the Convention for the Protection of Human Rights and Fundamental Freedoms) in court’s resolution of a case, that have entered into force, have a dualistic legal nature: on the one hand, it is a legal act, which provides grounds for reviewing the criminal case in exceptional circumstances, and on the other hand, is a part of the practice of the ECHR. The author makes a conclusion that the role of the practice of the ECHR in the Ukrainian criminal process is to ensure the rule of law and lawfulness in the criminal procedure by means of applying the practice of the ECHR as a source of law. The role of court orders issued by the ECHR,which establish the fact of Ukraine violating international obligations (norms of the Convention for the Protection of Human Rights and Fundamental Freedoms) in court’s resolution of a case that have entered into force, is viewed in initiating a mechanism to ensure proper and effective protection of human rights and freedoms in the criminal case.

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Ролята на европейската прокуратура за разследване на престъпления, засягащи финансовите интереси на Европейския съюз

Author(s): Chavdar Groshev / Language(s): Bulgarian / Publication Year: 0

The article represents the genesis of the necessity of establishing one future authority, whose method of operation and unified approach towards criminal investigation and tackling with cross-border crimes would lead to effective prosecution and cooperation between Member Sates. The author analyzes Council Regulation (EU) 2017/1939 of 12 October 2017 that draws the conception of the structure and competence of The European Public Prosecutor’s Office. The article stresses on the material jurisdiction of the future authority, which includes criminal offences such as fraud, corruption or serious cross-border VAT fraud, affecting the financial interests of the EU/reffered to in Directive (EU) 2017/1371/, with the open possibility of extending this jurisdiction in the near future. Emphasizing on these concrete type of crimes is due to the fact that they are wide scale within the EU and the scope of the annual financial damages to the EU`s budged is broadening, according to different sources such as The Report on the Protection of the EU's financial interests, covering the year 2010. The author reveals the contrasting attitudes of the EU Member States,the majority of which support the idea of overcoming the difficulties and the restrictions that are generated by prosecution at local level, by establishing The European Public Prosecutor’s Office,whereas the other counties are disinclined to transfer sovereignty to another prosecuting authority beyond national borders. The aim of this article is to illustrate the functions and the coordination between the European Prosecutor and the European Delegated Prosecutors in accordance with the investigation and prosecution of crimes affecting the financial interests of the EU.

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Ролята на петициите в контекста на прилагането на правото на Европейския съюз

Author(s): Anna Adamova / Language(s): Bulgarian / Issue: 1/2017

One of the fundamental rights of every European citizen is the right to petition to the European Parliament under the TFEU. In the following research petitions are seen as a useful source of information for detecting potential violations and breaches in the implementation of EU legislation, as well as a useful tool for better assessing the impact that EU legislation has on people’s daily lives.

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Ролята на решенията на Съда на ЕС за хармонизация на правото в областта на Данъка върху добавената стойност

Author(s): Svetla Kacharova / Language(s): Bulgarian / Issue: 1/2017

The paper is focused on recent CJEU case law on the guiding principle of VAT as a neutral tax set out in Directive 2006/112/EO and the Fundamental rights of the trader under VAT law and the Charter of Fundamental Rights in cases when the right of deduction is refused by the National Revenue Agencies.

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Ролята на теорията на правото в европейската правна традиция и в България

Author(s): Dimitar Hanev / Language(s): Bulgarian / Issue: XVI/2017

Theory of law plays a significant part in the process of formation of modern legal systems in Europe for the last 150 years. The paper aims to present the commonalities and the divergences in the legal-theoretical tradition both in Europe and in Bulgaria.

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РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО

Author(s): Tewise Yurena Ortega González / Language(s): Bulgarian / Issue: 1/2020

From the point of view of family law, there is no doubt about the importance of the causes of disinheritance, which affect the relatives of the testator, as is inferred among others: CTh. 11.30.26, CTh. 4.4. 2.1, Marcianus in Inst. 6, D. 34.9.1 and Nov. 115. In this way, the article analyzes an institution whose roots are found in the compilation of Emperor Justinian and which has left its reflection in other sources we presente. The evolution and impact of the Roman legal system is traced not only to the unworthiness of inheritance, but also to the disinheritance, tracing the causes for this from the time of the Roman Empire in Fuero Real and Las Partidas until the current Spanish Civil Code, in which governs the modern system of inheritance. The significance of the jurisprudence, which led to a change in the interpretation of Article 756 of the Civil Code on the institution of the legitimate, was also discussed and the change that arose in the interpretation of Art. 853 Civil Code. Numerous Supreme Court decisions are also presented, in which not only physical and psychological abuse can be a reason for disinheritance, but also material and emotional abandonment or neglect of the minimum necessary care provided to the testator before his death.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian / Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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Ръководство за наблюдение на принудително връщане

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2015

The governance of migration flows largely depends on the development of an effective system for returning illegally staying foreigners. Forced return is seen as a "last resort" in the prevention of irregular migration and should be subject to the principles of proportionality and not exceeding reasonable force. In this regard, there is agreement that monitoring of return not only brings openness and clarity on the conditions and treatment, but represents an additional guarantee for the return of persons, including those with special protection needs. In this context, the introduction of an independent and effective monitoring mechanism is a key aspect for the development of the overall framework for forced return in accordance with Directive 2008/115/EC. The aim of the Handbook for forced return monitoring is to provide practical guidance and recommendations to independent observers and standardised report for forced return monitoring. This Handook is developed within the Annual Programme 2013 in scheme grants BG / RF (3) - 2013 "Forced return monitoring" by the Center for the Study of Democracy.

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САВЕТОДАВНА НАДЛЕЖНОСТ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

Author(s): Sanja Đorđević Aleksovski / Language(s): Serbian / Issue: 68/2014

Although the primary jurisdiction of the European Court of Human Rights is the one relating to applications, with the adoption of Protocol 2 in 1963, the Court also has advisory jurisdiction. However, it was limited in a twofold manner: the circle of entities authorized to request an advisory opinion was very narrowly defined and there were also uncertainties as to the type of legal issues that may require review. Only the Committee of Ministers had the authority to request an advisory opinion under the condition that the decision was made by a two-thirds majority vote. Also, they could only ask questions that were not concerning rights and freedoms guaranteed under the European Convention, as well as the related protocols. This restrictive approach has resulted in the implementation of Protocol 2 in only three cases, which caused it to have little practical significance. In the process of the reform of the Court, the old idea of expanding the advisory jurisdiction revived. It was implemented in 2013, with the adoption of Protocol 16, which aims at achieving a double objective: 1) intensifying and strengthening the dialogue between higher national courts and the European Court, as well as 2) reducing the large backlog of applications. During the drafting process, the debate was concentrated on four key issues: a) the nature of the authorized national courts; b) the legal effect of advisory opinions; c) the category and type of questions which may be refered; d) the process of adoption of advisory opinions. However, despite some good solutions there is doubt whether Protocol 16 will be able to achieve the set goals.

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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.

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Санкционисање држава чланица ЕУ због неизвршења пресуда суда правде и необавештавања о спровођењу директива

Author(s): Zoran Radivojević,Nebojša Raičević / Language(s): Serbian / Issue: 2/2017

The Lisbon Treaty sets out two procedures where the Court of Justice may impose financial sanctions on EU Member States which fail to comply with their obligations under EU law. The first procedure is laid down in Article 260(2) TFEU, concerning cases when a Member State has failed to comply with an earlier judgment of the Court. The second option is a new legal solution introduced by the Lisbon Treaty in Article 260(3), under which the Court may impose sanctions on a Member State that has failed to notify the Commission about the national measures for transposing a directive adopted under a legislative procedure. If the Court finds that the Commission’s allegations are true, it may impose penalty payment or a lump sum. Pursuant to Article 260(2), the Court is free to determine the sanction amounts, whereas the penalty payment or lump sum imposed pursuant to Article 260(3) must not exceed the amount specified by the Commission.

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Сближаване на законодателствата в областта на вътрешния пазар на ЕС

Author(s): Jivko Draganov / Language(s): Bulgarian / Issue: 1/2018

The functioning of the internal market is crucial for the future of the European Union and for achievement of its goals. Harmonization of national laws has primary importance for the regulation of the internal market. EU has used legislative and other non-legislative measures to harmonize national laws. New and more effective instruments for harmonization are developed that also provide stronger guarantees for more balanced approach. Vertical regulation gives place to horizontal harmonization. The role of sectoral industries, non-government and professional circles rises, and this is allowing better preservation of national diversity by the member states.

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