БРАЧНИ УГОВОР

Author(s): Zoran Ponjavić / Language(s): Serbian Issue: 5/1995

The discussion concerning the legal nature of marriage has been a constant legal problem. The author begins with the generally accepted viewpoint that marriage, in terms of its origin, is a contract. However, marriage is a contract, or is becoming more and more one, also as a permanent state of affairs. Its essence is nothing else but exercising rights and carrying out duties specified in a contract. Considerable increase in number of dispositive legal norms too, by which spouses settle their mutual relations, and corresponding reduction in number of imperative norms (such as agreement about place of residence, about managing the household, etc.) speak in favour of the above viewpoint. Hence, Yugoslav marriage law has effected an evolution, while moving from a relatively rigid social and institutional conception toward the one amounting to a purely personal and contractual relationship. Accepting a divorce with mutual understanding of spouses intensifies in a significant way, in the area of dissolving the marriage, the contractual character of marriage. Marriage is therefore a consensual and formal contract, whose substance is predominantly determined by law. Such a standpoint agrees also with the basic principles of the law of contract, of the principles of freedom of contracting, and of the principle of consensus. Marriage, although a contract, did not lose all of its institutional forms. It remains a basis of family, which has still preserved its traditionally collectivistic and solidarity values - in spite of aggressive individualism.

Второто знаме

Author(s): Petar Kandilarov / Language(s): Bulgarian Issue: 3/2010

The article presents the experience of France and ten more states in their fighting the “convenient flags”. It has been observed that national flags are not attractive and the merchant marines of Europe are decreasing every year to the benefit of countries of convenient flags. The reasons for this are discussed in the text, as well as the countermeasures undertaken by some states for the establishment of their own convenient flags, or second flags, through the use of ex-colonies or territories with a special status. The article reviews the experience of certain states with “two flags” and two taxation regimes. The requirements of the second registers towards vessels and crew, and the respective tax reliefs are analyzed. The article outlines the knowledge of the regulations of maritime law as a prerequisite for the elaboration of Bulgaria’s maritime strategy, and for the adoption of necessary amendments to the legislation.

ВЪВЕЖДАНЕ НА ИЗМЕРЕНИЕТО НА ПОЛА КАТО ЧАСТ ОТ НОВИЯ НАКАЗАТЕЛНО-ПРОЦЕСУАЛЕН ПОДХОД СПРЯМО ЖЕРТВИТЕ НА ПРЕСТЪПЛЕНИЯ В БЪЛГАРИЯ

Author(s): Mariana Ilcheva / Language(s): Bulgarian Issue: 4/2019

The article looks at the gender dimension as part of the protection of victims of crime in international and EU standards and in Bulgarian criminal procedure. On an international level, the gender dimension is present in the norms on protection of victims of trafficking, of gender-based violence, in the regulation of the International Criminal Court, as well as in the EU framework on the protection of victims. In Bulgaria the gender dimension is scarcely present in criminal procedure and should be a fundamental entitlement of victims, as well as a component in actions like witnesses’ interviews and protection, direct confrontation, and in a future step towards introducing the concept of a ‘particularly vulnerable victim’.

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.

ДЕЙНОСТ НА РИМСКАТА АДМИНИСТРАЦИЯ ПО ОТНОШЕНИЕ ГРАДСКАТА СРЕДА

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2018

Without having ecological awareness and environmental protection, from the Roman law there is concern about the salubritas public of the living spaces. Salubritas and urbanism are concepts that are linked to this end and have served as a key category for the organization , policy analysis, case law and legal practice in relation to the organization of life in society. Study of the concept of urbanism in Roman law and the definition and legal nature of the limitations of property for reasons of public interest. Ruins of buildings and their environmental impact: they are the objective of this work that aims to summarize a global vision of the concern of the Roman jurists for the preservation of the urban environment, making their cities habitable places subject to a high level of development regulations. Likewise, it is outlined the analysis of the legal consequences of the damages produced by buildings in bad state of conservation, determining the legal nature of the responsibility in which the owners and their consequences incur in these cases.

ДЕЛОТО „УИМБЪЛДЪН“ И ЗНАЧЕНИЕТО МУ ЗА ПРАВНИЯ РЕЖИМ НА КОРАБОПЛАВАНЕТО ПРЕЗ МЕЖДУНАРОДНИТЕ МОРСКИ КАНАЛИ

Author(s): Alexander Draguiev / Language(s): Bulgarian Issue: 1/2018

The „Wimbledon“ case from 1923 is the first case of the historically first international court of justice - Permanent Court of International Justice, which means that by this case starts international justice as a whole. In the case the Court analyses the legal regime of the Kiel canal as international maritime canal. For this purpose the Court considers the legal regime of the other two international maritime canals in the world - Suez and Panama canals,on the one side, and on the other - makes the conclusion that, based on the canals’ use, a customary law rule regarding the legal status of international canals has emerged. This is why the judgment of the „Wimbledon“ case postulates the legal regime of navigation through any international maritime canal, which is the importance, and even the contribution of the „Wimbledon“ case to international justice.

ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

Author(s): Sebastiano Tafaro / Language(s): Bulgarian Issue: 1/2021

The text of the article was edited on the basis of a report presented to the XI Congress of Roman law scholars from Central and Eastern Europe and Asia, held in Craiova on 3 November 2007. It examines successively legislative policy on debt and government intervention on interest rates, limitation of interest rates supra legitimum modum, setting an upper limit for increasing the amount of debt. A special place is given to the concepts of proportionality and reasonableness in credit relations, as well as to the evolutionary interpretation of obligation and proportionality.

Др Миленко Крећа, ПРАВО МОРА - НАУЧНО ИСТРАЖИВАЊЕ МОРА И ПРЕНОС ПОМОРСКЕ ТЕХНОЛОГИЈЕ ’’Научна књига”, Београд, 1990, стр. 281

Author(s): Nenad Đorđević / Language(s): Serbian Issue: 4/1991

Европски систем за сигурност пловидбе

Author(s): Iris Bjelica Vlajić / Language(s): Serbian Issue: 64/2018

Waterborne transport, other than the importance for the economic development of a particular country or region, has a major impact on the pollution and destruction of the environment, damage to property and the loss of human lives. The great disasters that occurred near the European coast at the end of XX and the early XXI century prompted the EU to start paying more attention to the issue of waterborne transport safety. This paper reviews the most important EU legislation regulating the issue of maritime and inland waterway safety and obligations regarding the education and training of crew members of EU members as well as the third countries whose ships sail into European ports or whose citizens sail on these ships. The need to protect human lives and the environment has led the most important organizations at the global and regional level to cooperate and prevent marine casualties and accidents. The regulations of navigation safety and the conditions for the conduct of navigation have been harmonized by these organizations. Also, the degree of harmonization of domestic law with international standards has been presented.

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.

ЗА ОХРАНАТА НА МОРСКИТЕ БРЕГОВЕ СПОРЕД ПРАВНАТА УРЕДБА В ТЕОДОСИЕВИЯ КОДЕКС (CTH.7.16 DE LITORUM ET ITINERUM CUSTODIA)

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2021

The paper analyzes the content of the three imperial laws in the CTh.7.16 on the protection of sea shores and roads. A discussion is offered on the problem about the inclusionof only imperial constitutions issued by the emperors Honorius and Theodosius in a relatively short period: 408-420 AD in book VII, title 16 of Theodosian Code.

ЗАВЛАДЯВАНЕТО НА МОРЕТО В ИМЕТО НА ИЗГРАЖДАНЕТО И БЛАГОПОЛУЧИЕТО НА ИМПЕРИЯТА

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Issue: 2/2021

Rome, when it was taking its first steps to become an empire, was affected in its expansion and development by its proximity to the sea. The Mediterranean Sea is fundamentally the space that had a notable influence for the creation of the Roman Navy. When the civil wars that led to famous naval battles such as Actium ended, controlling security in the seas with the aim of carrying out important commercial activities with certain provinces and defending the waters from the negative presence of pirates were the main tasks of the Roman military assigned to the different fleets. The presence of the navy also provokes the appearance of a naval industry made available to all the needs of the military squads. Once the ships were placed on the map where they were necessary, Roman law responded to the problems that occurred in the water.

ЗАКРИЛА НА МОРСКИТЕ ИНТЕРЕСИ НА ЕВРОПЕЙСКИЯ СЪЮЗ В АРКТИЧЕСКИЯ РЕГИОН

Author(s): Vanya Hristova Stamatova / Language(s): Bulgarian Issue: 1/2019

This report examines the protection of the EU's maritime interests in the Arctic region, focusing on the EU's integrated Arctic policy, its objectives, objectives and ways of achieving international cooperation in the region.

ЗАШТИТНЕ (МОНЕТАРНЕ) КЛАУЗУЛЕ У ЈУГОСЛОВЕНСКОМ ПРАВУ

Author(s): Vrleta Krulj / Language(s): Serbian Issue: 11/1972

L'article traite les questions suivantes: le principe du nominalisme, le valorisme contractuel, la dualité des régimes légaux des clauses des valeurs et de l'or, et spécialement des clauses indexes.1. Le principe du nominalisme monetaire n'est pas formulé comme tel dans les règlements, mais son existence dans le droit Yougoslave est indubi¬table II se trouve, implicitment, dans l'article 12 de la Loi sur les Affaires avec Devises dans laquelle on dit qu'il est interdit de conclure des affaires dans lesquelles on stipule que la valeur en dinars sera calculée à la base du prix d'or ou bien de la valeur d'échangé du dinar au temps du payements Dans le projet de la Loi Sur Les Obligations et les Contrats qui est maintenant en considération dans les - organismes de l'Assemblée Federale, le principe du nominalisme est formulé explicitement et d'une façon positive dans le texte suivant: »Quand l'obligation concerne une somme d'argent, le débiteur doit payer la même quantité d'unités monétaires, sans, regard au fait que le pou¬voir d'achat de l'unité ait audmenté ou baissé dans l'entretemps.« (art. 362.).2. En ce qui concerne le valorisme contractuel, l'auteur aboutit, à la base d'une analyse de règlements positifs, et surtout de la Loi. Les Affaires Avec Devises, à la constatation: les clauses de payement »en devises ou en or« conclues entre des personnes Yougoslaves ainsi qu'entre personnes Yougoslaves et étran¬gères dans le commerce de marchandises et de services sur le territoire Yougo¬slave sont nulles; les clauses an or et en devises conclues dans le affaires du commerce exterier et ou la valeur de la marchandise est exprimée en devises sont valables; tandis que toutes clauses d'or et - de devises, dans le commerce intérieur et exterieur également, dont la valeur est exprimée en dinars sont nulles.3. D'après tout ça, l'auter vient â la conclusion qu'il y existe dans le droit Yougoslave une dualité de vrai régimes de clauses d'or et de devises; dans le commerce intérieur les obligations doivent être exprimées et les payements effectués an valeur domestique (s'il n'y a pas de règlement spécial qui stipule le contraire), et c'est ainsi que les clauses d'or et de devises sont interdites; dans le commerce exterieur, ou les obligations sont expprimées et les payements effectuées en devises, les clauses d'or et de devises sont permies.4. Finalement, l'auteur discute la validité des clauses d'après la valeur de la marchandise (les clauses index) et constate que la question de leur validité n'est pas été posé dans le droit Yougoslave car il n'y avait pas de litiges de ce domaine, maiis il est d'pppinion que de telles clauses serait acceptables pourvu que l'index choisi soit lié avec l'affaire juridique et avec' l'activité des parties d'une telle façon qu'il peut assurer le principe de l'equivalence des prestations, le principe de nonexploitation d'une partie par l'autre et le principe de l'acrois- sement du standard de vie en harmonie avec l'acroissement de productivité.

ИСТОПОЛНА ЗАЈЕДНИЦА - СЛОВЕНАЧКО ПРАВНО УРЕЂЕЊЕ И ЈАВНОСТ

Author(s): Božidar Veljković / Language(s): Serbian Issue: 1/2006

Aim and purpose of this work is to examine the role of same-sex partnership within organization and functioning of modern society. Justification (or opposition) of introduction of this new insitution has been checked against theoretical examination of relevant contemporary argumentation. The empirical part deals with the disposition of a part of Slovenian public towards the institution of what law labels as `same-sex partnership'. The article examine to what extent the same-sex partnership represents a functional social requirement and pre-legal relationship. The author also warns against the wrong application of articles 14, 53 and 55 of the Constitution of the Republic of Slovenia to said institution. The article further examines legal consequences and deficiencies of already legalized homosexual relationship, and offers proposals for remedying such deficiencies. Research carried out in the region of Celje shows that young populace are not concerned about formal legal standing of homosexual minority, and that they are intolerant and even hostile towards them.

Кавалерите на ордена „За храбростъ“ във флота на Негово Величество

Author(s): Yancho Bakalov / Language(s): Bulgarian Issue: 4/2020

The article presents research on the Military Order of Courage and Soldiers' Cross for bravery of His Majesty's Navy during the Balkan Wars and World War I. The interest is focused on the conditions in which the ship's crews and shore units were assigned in solving combat tasks, the scale of force of the forces in counteraction to a repeatedly superior opponent, the contribution of the most prominent of them to success, and the assessment that was given to them. The award-winning Naval Officers are presented as an association of professionals and like-minded people who have built an organic society of the Knights of Courage. Later periods of activation of the Military Order are shown in fragmentary form.

КОМЕНТАРИ ПО ТИТУЛ XVI (DE LEGITIMA SUCCESSIONE) ОТ COLLATIO LEGUM MOSAICARUM ET ROMANORUM

Author(s): Francesco Lucrezi / Language(s): Bulgarian Issue: 1/2020

The essay is focused on the XVI titulus of the Collatio legum Mosaicarum et Romanarum, dedicated to the matter of the legacy without testament (de legitima successione) in biblical and Roman law. Regarding Hebrew law, the text of the book of Numbers (36:1–7) is taken in specific consideration, in the Latin translation included in the Collatio. In this passage is narrated the particular case of the Tselofchad’s daughters, who were allowed to inherit by their father. Also the verses of Deuteronomium (21:15–17) about the privilege of the first-born (bekhor), the dispositions of the Baba Bathra treaty of Mishnah and Babylonian Talmud and the expositions offered in the De vita Moysis of Philo Alexandrinus are studied. In the essay, these sources are compared with the legal responsa dedicated, in the title, to the roman system of successio ab intestato, and demonstrate the great differences between the Jewish and Roman rules of inheritance mortis causa. These factual data are in contrast with the unreal image of a similitude or analogy (never existed in the reality) between the two systems that is reported in the Lex Dei for an ideological purpose.

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.

КОНЦЕПТУАЛНО-ПОРАЖДАЩ МОДЕЛ ЗА ОРГАНИЗАЦИЯ И УПРАВЛЕНИЕ НА СИСТЕМАТА ЗА МОРСКИ СУВЕРЕНИТЕТ НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Stoyan Ivanov / Language(s): Bulgarian Issue: 1/2019

The main purpose of a conceptual model for organizing and managing the system of maritime sovereignty is to consider the idea of modeling a system of maritime sovereignty, with the emphasis of the model on the subordination, interaction and coordination of processes between institutions in the system of maritime sovereignty. maritime sovereignty.

КОРПОРАТИВНА ОТГОВОРНОСТ. ПОЛСКОТО ЧАСТНО ПРАВО И ЗАПАДНАТА ПРАВНА ТРАДИЦИЯ

Author(s): Grzegorz Blicharz / Language(s): Bulgarian Issue: 2/2020

The Polish legislator has extended the strict liability of entrepreneurs to in-clude cases of damages and injuries caused by conducting special business activity. It was justified by the principle cuius commodum eius periculum, cuius commodum eius damnum which was also invoked in the jurisprudence of the Polish Supreme Court. This principle, together with the similar principle of ubi emolumentum ibi onus, shows that strict liability is grounded in the principle of economic utility. Historical research, however, has shown that neither of these two justifications originates in Roman law. Although the prin-ciples are taken from Roman legal sources, they were used by Roman jurists in different contexts: in contractual obligations and in the law of succession, where they have their roots. The ancients also applied strict liability to certain types of entrepreneurs, yet with a different ratio: to limit the abuse of customer trust. The development of law shows that after centuries of the prevailing idea of fault liability, legislators are nowadays returning to strict liability in the case of entrepreneurs with a different kind of justification, recalling the fact that all types of liability were already present in Roman law.