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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

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КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

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DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

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Główne narracje polskiej skrajnej prawicy w pierwszym roku pandemii COVID-19 – analiza narracyjna

Author(s): Przemysław Witkowski / Language(s): Polish Issue: 1/2021

The COVID-19 pandemic is an opportunity for many marginal political groups to increase their popularity and enter the mainstream with their narrative. This is also the case with the Polish far-right. The research discussed in the following text concerned the message of the Polish extreme right during the first year of the COVID-19 pandemic (2020), both what changed in this message and what remained unchanged. Using data from social media, online and offline publications, reports from events, and interviews with key informants, the author sought to understand how COVID-19 has changed the behaviour and narratives of far-right groups in Poland. The analysis was structured around two meta-narratives: one anti-liberal and the other geopolitical, each containing several sub-narratives. As a result of this analysis PiS and its closest allies from the world of politics and media turned out to be one of the leading promoters of various anti-liberal concepts and social and systemic solutions, especially those concerning reproductive and LGBT rights created in the far-right circles. PiS politicians often drew their slogans and ideas from the ideological resources of the far-right, directly copying their language and rhetoric and often even immediate solutions.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

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LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

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THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

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„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

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L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

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L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

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Включване на общностите в процеса на опазване и социализация на наследство – правнонормативни документи на водещи международни организации

Author(s): Plamena Zayachka / Language(s): Bulgarian Issue: 3/2021

This article explores the changing approaches to the preservation and socialization of cultural heritage. The analysis of the normative documents of the leading international organizations in the field of cultural heritage – from the 50s of the twentieth century to the present day – shows a slow transition to the integration of people and communities in the processes of its preservation. This transition has three main phases: from separation of people and communities from the heritage, through awareness and access to it, and finally, to inclusion in the decision-making process concerning cultural heritage protection. The article also examines where Bulgaria is in this process and how these changes in cultural policies affect the mechanisms of protection of our cultural heritage.

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MANAGEMENT’S PERCEPTION OF THE DETERMINANTS THAT INFLUENCE SMEs PERFORMANCE: EVIDENCE FROM KOSOVO

Author(s): Sokol Krasniqi,Arta Jashari Goga,Ismail Mehmeti / Language(s): English Issue: 3/2022

Small and medium-sized enterprises (SMEs) are now unquestionable contributors to economic development on the one side and employment creation on the other. To promote sustained growth, SMEs must meet specific prerequisites, particularly the leadership structures of this segment. Therefore, this research aims to investigate and identify the determinants that affect SMEs performance. The research employs a qualitative technique, using questionnaires containing 52 questions. The study surveyed 336 SMEs owners or managers from March to April 2022. The Multinomial Logistic Regression (MLR) empirical technique explored the influence of education level, previous experience, training attendance, business plan, consultation services, and employees' insufficient competency in SMEs performance. The research has revealed that the level of education and consultancy services positively impact SMEs performance. In contrast, neglect of training and employees' insufficient competence harm SMEs performance. The study encourages SMEs owners and managers to take advantage of professional training opportunities and to invest in existing personnel through training to acquire acceptable competence, which will be reflected in management performance. From the perspective of the contribution, it provides the most recent evidence in the context of Kosovo's economy, employing the logistic regression analysis.

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THE MIGRATION STRATEGIES AND POSITIONS ON THE EU MIGRATION AND ASYLUM AGENDA: EVIDENCE FROM THE VISEGRAD GROUP COUNTRIES

Author(s): Tomáš Kajánek / Language(s): English Issue: 3/2022

At the time of the outbreak of the migration crisis in Europe, the Visegrad Group gained the status of the EU troublemaker due to its opposition to the solidarity and cohesion mechanisms adopted on the European level. The migration strategies (not only) of the individual states of the grouping proved insufficient and unfeasible in times of crisis. However, in the case of the Czech Republic, Hungary, Poland and the Slovak Republic, the absence of national mechanisms and solutions was partially replaced after 2015 by joint declarations and statements rejecting active cooperation in resolving migration and asylum pressures within the EU Single Market. Despite failing to manage migratory pressures since 2015, four Central European countries have not learned their lessons and will face unprecedented crises in 2022 again. This time, however, Visegrad countries became the first-line countries affected by the refugee crisis. The migration and asylum agenda is thus becoming an extremely complex problem within the Visegrad Group region due to the initially intense politicization of the topic by the government elites in individual states. The paper analyses the migration strategies of individual states and the migration and asylum management-related positions after the migration crisis in 2015 and the sequence of events associated with the outbreak of armed conflict in Ukraine in early 2022.

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VIOLATIONS OF THE RELIGIOUS FREEDOMS IN THE EUROPEAN UNION MEMBER STATES IN 2015-2019: SELF-DEFENCE UNDER A NEO-MILITANT DEMOCRACY RULE?

Author(s): Kamila Rezmer-Płotka / Language(s): English Issue: 2/2022

In 2015, a serious crisis called the “refugee crisis” took place. Migrations had already taken place before, primarily in connection with armed conflicts, but the largest number of asylum applications was received in 2015 and was therefore described as the beginning of the crisis. One of the apprehensions in the European Union Member States about the reception of migrants was cultural differences and religion. The purpose of this study is to determine violations of various types of religious freedoms in all the EU Member States. The period 2015-2019 was considered in connection with the largest influx of refugees and before the next crisis on a huge scale, i.e., the coronavirus pandemic. The study will provide an answer to the question: what religious freedoms were violated in the years 2015-2019 in the EU Member States? In connection with increased migrations, were there more violations of the types of religious freedom related to refugees? The source analysis of the United States Department of State reports was used for the study. An assessment of restrictions on religious freedom will be made at the level of what extent and against whom were supposed to protect political nations. On this basis, it will be possible to compare all countries in terms of solutions characteristic of neo-militant democracies regarding respect for religious freedom.

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RECENT MINORITIES IN SIBIU. SIMILAR PROBLEMS, SIMILAR SOLUTIONS

Author(s): Nicoleta Annemarie Munteanu / Language(s): English Issue: 2/2022

The recent minorities in Sibiu are at an early stage in the development of organizational structures, trying to make their voice heard regarding certain issues that affect its members.This policy paper aims to facilitate the offer of public policies solutions for the recent minorities in Sibiu: Arab, Bessarabian, Ukrainian, and Chinese, to identify solutions that may have a common denominator, to establish a way of cooperation, and to inspire the development of joined projects. As a result of the workshop, the policy paper will be sent to the institutions and authorities with attributions in this field.

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EFFECT OF CORRUPTION ON FOREIGN DIRECT INVESTMENT INFLOWS IN COUNTRIES OF THE WESTERN BALKANS

Author(s): Artan Hajdini,Lum Collaku,Safet Merovci / Language(s): English Issue: 1/2023

The purpose of this study was to investigate the effect of corruption on Foreign Direct Investment (FDI) in the Western Balkans countries, including Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia, and Albania. Secondary data from The World Bank, Transparency International, and International Monetary Fund databases were utilized to complete this study for 2012-2020. The built model of multiple linear regression included four independent variables, namely: Corruption Perception Index (CPI), Western Balkan Corruption Ranking (WBCR), Exchange Rate (EXG), and Inflation Rate (INFL), as well as FDI as a dependent variable, and data effects were analyzed through the SPPS scientific research software program. The results found that if CPI and WBCR were to increase by one unit, FDI would decrease by 0.088, namely 0.624, while if EXG and INFL were to increase by one unit, FDI would increase by 0.165, namely 0.236. In order to fight corruption and potentially attract more foreign direct investment, the governments of these countries should work to harmonize their anti-corruption laws with those of the European Union. In order to prevent the negative consequences of FDI inflows, they should also maintain a balanced rate of inflation, which entails stabilizing exchange rate fluctuations.

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POLICY OF RAISING THE CAPACITY OF LOCAL SELF-GOVERNMENTS FOR MANAGEMENT OF EMERGENCIES

Author(s): Samed M. Karović,Aleksandra Rankov,Siniša Domazet,Jelena Jesic / Language(s): English Issue: 1/2023

Local self-governments (LSGs) cannot effectively manage emergencies. To overcome this problem, it is necessary to find action policies that would facilitate the increase of capacities of LSGs in such situations. The starting point for defining the policy was collecting data on the current abilities and capacities of LSGs in AP Vojvodina. The research covered 40% of the total number of LSGs and more than 64% of the population in the AP of Vojvodina. A combined open-ended survey questionnaire was constructed for data collection. The data was collected in field conditions through online procedures, direct sending of written surveys, and direct discussion of project implementation leaders. The statistical analysis of data identified that the legal aspect of LSGs and emergencies was not harmonized with other institutional documents at the level of LSGs. Most LSGs had serious difficulties in managing emergencies, especially civil protection. The platform is envisaged to facilitate raising the prevention capacity of LSGs by integrating all relevant information to provide early warnings and indications for implementing corresponding organizational, technical, and economic measures to deal with emergencies.

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ASSESSING THE SCOPE OF LEGAL IMMUNITY IN MODERN LEGAL SCIENCE: THE NEED FOR QUESTIONING UNDER UKRAINIAN LAW

Author(s): Valerii Sokurenko,Oleksandr Morhunov,Serhii Ablamskyi / Language(s): English Issue: 1/2023

Everyone is born equal and expects to be treated similarly before the law in cases involving criminal activity and other obligations. It is problematic to have some people immune to legal consequences because they enjoyed special treatment in the eyes of the legislation meant to protect them. The issue we must bring up is crucial, as there is always the need to conduct a thorough investigation into the commission of crimes to secure justice. However, the tendency is that as far as immunity is on the individual concerned, this would frustrate the prosecution process. In this vein, it was proposed that this study investigate how immunity relates to today’s state of the law. We will look at an analytical approach to determine if immunity’s status has changed due to the rise of modern legal science. The paper overviews the legal framework adopted in Ukraine concerning immunity given to certain public servants.

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REGULATING FAKE NEWS IN TRANSNATIONAL JURISDICTION: A COMPARATIVE STUDY OF BRAZIL AND ARGENTINA

Author(s): Prabhpreet Singh,Driton Kuqi,Vijaylaxmi Sharma / Language(s): English Issue: 1/2023

Many oppressive governments have passed cyber laws, cracking down on free speech, and used less traditional tactics to restrict people’s capacity to speak freely and in public. This is particularly true in nations where the government regulates media and information flow due to closed information systems. Laws regulating fake news clash with citizens’ free speech and expression rights. The paper gives an overview of the hurdles in regulating transnational cases of fake news. In cases of cross-border jurisdiction, it becomes vital to examine International legal standards, such as international agreements and international institutions governing fake news. In this paper, we look at two case studies, one from Argentina and one from Brazil, to see how these countries have dealt with the issue of fake news in cases involving transnational jurisdictions. The paper concludes with the observation that various governments employ a variety of approaches and policies in order to combat fake news.

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LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.

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