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Výpovedná hodnota kremnických testamentov zo 16. storočia

Výpovedná hodnota kremnických testamentov zo 16. storočia

Author(s): Daniel Haas Kianička / Language(s): Slovak Issue: 1/2015

There are testaments from the 16th century preserved in Kremnica state archive. They are written in Latin, German and in one sample also in Slovak language. Last wills prepared a man for a death in spiritual and secular (division of property) way. Testaments eliminated conflict between secular property and desire for an eternal life. Formally testaments consist of several parts – invocation, intitulation, profession of faith, passages about human mortality, composing of the last will and redress of sins, heritages of property, confirmation, corroborating and date formulas. The content of the testaments is an important historical source for economic, law, culture, regional history and also history of material culture and everyday life.

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New and Old Authoritarianism in a Comparative Perspective

New and Old Authoritarianism in a Comparative Perspective

Author(s): Jerzy J. Wiatr / Language(s): English Issue: 2/2017

The third wave of democratization, unlike the first and the second, has not been followed by the reverse wave. However, in several countries (Russia, Belarus, Turkey, Hungary, Poland) democratically elected leaders interpret democracy narrowly, as the rule of majority only. Other conditions for democratic government (the rule of law, protecting human rights) are ignored. Such system of government differs from the authoritarian model (as defined by Juan J. Linz) and can best be called “new authoritarianism”. Poland is a special case because, while after the presidential and parliamentary elections of 2015 authoritarian practices became common, the hold on power by the ruling party (“Law and Justice”) is relatively weak. Future development of Polish politics depends mostly on the next parliamentary (2019) and presidential (2020) elections.

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Децата на институцията „възпитателно училище-интернат“
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Децата на институцията „възпитателно училище-интернат“

Author(s): Nadezhda Krasteva,Zhelyazka Stefanova / Language(s): Bulgarian Issue: 1/2016

The article presents perspectives on the nature and possibilities of corrective measure “placement in a Correctional Boarding School” under the conditions of CBS.

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Платформата е съобщението (перспективи пред правната уредба на платформите)

Платформата е съобщението (перспективи пред правната уредба на платформите)

Author(s): Nelly Ognyanova / Language(s): Bulgarian Issue: 8/2020

For the first time the Bulgarian Radio and Television Law include provisions related to video sharing platforms. Platforms are a new type of intermediary. Do we know enough about how platforms influence global social and political processes? Internet companies contribute to democratization of access to knowledge and culture. But when the platform is the message, media ecosystems no longer function as we know it. In the time of global platforms, competition is limited. Platforms negatively affect traditional business models of the creative industries and the media, allow tech giants to gain enormous economic power based on capitalization of clients data, influence global social and political processes and spread disinformation and illegal content. What did the revision of the Audiovisual Media Services Directive (2018) provide for and what can be expected from the next acts of the legislators?

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DIVERGENCES FROM THE SEPARATION OF POWERS IN TIMES OF EMERGENCY WITH SPECIAL EMPHASIS TO THE REPUBLIC OF NORTH MACEDONIA

DIVERGENCES FROM THE SEPARATION OF POWERS IN TIMES OF EMERGENCY WITH SPECIAL EMPHASIS TO THE REPUBLIC OF NORTH MACEDONIA

Author(s): Vesna Stefanovska / Language(s): English Issue: 03/2021

The worldwide pandemic caused by the coronavirus has disturbed the pure conception of the separation of powers. States forced by the newly established situation, declared a state of emergency, thus the Republic of North Macedonia was not an exception. This paper will focus on the divergences from the separation of powers in the countries from the Western Balkans and across Europe whose departure in the well-established system of checks and balances intrigued the media. The case of North Macedonia was maybe the most interesting because in time of declaring the state of emergency by the President of the Republic, the legislative branch of power – the Assembly was dissolute which meant that the already difficult situation became more complicated to establish a balance between the branches of power to function in protecting the general health of the citizens and the fundamental human rights and freedoms.

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INTERNATIONAL LEGAL STANDARDS IN COMBATING CHILD ONLINE SEXUAL ABUSE AND EXPLOITATION

INTERNATIONAL LEGAL STANDARDS IN COMBATING CHILD ONLINE SEXUAL ABUSE AND EXPLOITATION

Author(s): Bistra Netkova,Ariana Qosaj Mustafa / Language(s): English Issue: 03/2021

The general international standards are being discussed in this article, as well as more relevant ones concerned with the problem of sexual exploitation and child abuse. Further, the article discusses a growing understanding of children’s exposure to violence, strengthened commitments to secure their safety and protection, and significant international implementation efforts to mobilize support for prevention and response and to help change attitudes and behavior which condone violence against children. With the fast development of the internet and online social networks, the article ends with a conclusion in identifying criminal law benchmarks based on the previously identified general international standards.

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REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW

REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW

Author(s): Malcolm Katrak,Shardool Kulkarni / Language(s): English Issue: 2/2021

The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.

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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

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

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

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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THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

Author(s): Mirvan Xhemaili / Language(s): English Issue: 1/2022

The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

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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Yogyakarta Spatial Planning:

Yogyakarta Spatial Planning:

Author(s): Dinda Miftahurrohmah,Nadia Fitri Wijayaningsih,Muhammad Iqbal / Language(s): English Issue: 01/2022

In making spatial planning rules in the Special Region of Yogyakarta, the Regional Regulation (perdais) on Spatial Planning refers to Law No. 26 of 2007 on national spatial planning and DIY Provincial Regulation No. 2 of 2010 concerning the RTRW of DIY Province 2009-2029. The establishment of special rules regarding Spatial Planning of Sultanate Land and Duchy Lands is regulated in Special Regional Regulation No. 2 of 2017 concerning Spatial Planning of Sultanate Land and Duchy Land. This rule governs privileges in spatial planning, especially spatial planning related to Sultanate land and Duchy lands found throughout the DIY region. In addition, this regulation also regulates the spatial functions of the Sultanate and Duchy lands aimed at the maximum for the development of culture, social interests, and public welfare. The concept of spatial planning developed in the Perdais on Spatial Planning of the Sultanate and Duchy Lands is cultural, spatial planning, which is not the same as the spatial concept in western literature, which has been the reference for spatial planning. In-Law number 13 of 2012, it is explicitly stated that spatial planning in the Perdais is directly related to the land of the Sultanate and Duchy. But in the concept of thinking, the idea's substance covers the spatial planning of the DIY region comprehensively. It is directed to not conflict with the national spatial layout and the essence of DIY privilege.

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Българският език като обект на законодателни инициативи в началото на XXI в.
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Българският език като обект на законодателни инициативи в началото на XXI в.

Author(s): Vladislav Marinov,Krasimira Vasileva / Language(s): Bulgarian Issue: 5/2022

The present study is the first one that aims to present a comparative analysis of the bills for the use of the Bulgarian language introduced in the Parliament since 2004. The conclusion reached as a result of the comparative analysis is that the texts of the bills have quite a lot in common rather than having differences in terms of both the main ideological positions and the weak points that prevented the adoption of such a law over the years. In addition to this, the conclusions impose the idea that a qualitatively new approach is needed in the drafting of the normative act– the law on the Bulgarian language should regulate a unified state language policy to protect the language as the basis of national identity and thus to encourage the development of education, science and culture in the Republic of Bulgaria.

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КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2022

The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.

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LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

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IL CULTO DI AUGUSTO- QUIRINUS NELLE PROVINCE

IL CULTO DI AUGUSTO- QUIRINUS NELLE PROVINCE

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2022

After the military victory and the conquest of the whole Empire, Augustus renforced his power through a large religious programm, to show that not only men, but also the gods were now in peace and all together engaged to ensure the glory of Rome. He presented himself as the new conditor, after Romulus, and had the idea to call himself Romulus or Quirinus (the divine transfiguration of the first king). An official cult of the emperor did not rise, for political caution, and in the several provinces, the consideration of the princeps took different forms. In some of the Eastern provinces people were allowed to look at him as a god, but generally, he had a different role: he was more powerful than a simple god.

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Reflecții despre activismul în muzee de artă

Reflecții despre activismul în muzee de artă

Author(s): Delia Bran,Laura Bonciu / Language(s): Romanian Issue: 1/2023

The article is a critical reflection on the situation that European museums of art were confronted with in 2022 on the acts of activism on art museums paintings. Following the act of the Just stop oil girls in London October 2022 the world started talking on the topic of „vandalism on art” and „activism in museums”. The article has 3 parts, first with describing facts, a short view of the situation, second with an art historian’s critical views and analyses of then and third with the activist views on the problem. All the reflections are adapted to the Romanian context, so the article both describes the context and gives some opinions on the present situation.

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THE RISKS TO SOCIETY GENERATED BY "SOVEREIGN CITIZENS" BASED ON THE ATTITUDE INFLUENCED BY RELIGIOUS BELIEFS
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THE RISKS TO SOCIETY GENERATED BY "SOVEREIGN CITIZENS" BASED ON THE ATTITUDE INFLUENCED BY RELIGIOUS BELIEFS

Author(s): Iulian Dinulescu / Language(s): English Issue: 2/2023

The Sovereign Citizen Movement is one formed by people who interpret the political, legal, and social reality through the prism of their own religious beliefs. The man was created freely by God, meaning "sovereign". Consequently, individuals are free from the legal norms imposed by other people. This is a movement without an organizational structure, which is replaced by its system of beliefs and values held by leaders and clearly defined organizations. Gordon Kahl's manifesto undoubtedly highlights the religious side of the sovereign citizen movement. The individual said in 1983 that the Kingdom of Christ was under siege by the forces of Satan who control the governments of the states, which is why people should no longer submit to them. Followers of the Sovereign Citizen Movement believe that their actions and attitudes are approved by God. They issued their own IDs, passports, and vehicle registration numbers, some with the phrase "Kingdom of God" emblazoned on them. Some of the "sovereign citizens" took their beliefs to extremes and became violent, killing those who opposed them. For this reason, the Federal Bureau of Investigation labeled the most extreme among them as terrorists.

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Научно-образователен анализ на правния режим на достъпа до пазара на труда на граждани на трети държави
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Научно-образователен анализ на правния режим на достъпа до пазара на труда на граждани на трети държави

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 4s/2024

Attracting qualified workers from a third country is an important element for maintaining the economic development and competitiveness of the Republic of Bulgaria. In Bulgaria, as in other member states of the European Union, the access of third-country nationals to the labor market is regulated in order to ensure controlled migration and protect jobs for the local population. The purpose of this presentation is to make a general scientific and educational analysis of the legal regime of the right to access the labor market and to present to the reader in a systematized form only those provisions of the law that refer to the types of legal regime of access to the labor market of third country nationals.

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