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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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ОБЗОР НА РИМСКОТО НАСЛЕДСТВЕНО ПРАВО

Author(s): Rafael Domingo / Language(s): Bulgarian Issue: 1/2020

The law of succession addresses the legal destiny of a person’s rights and duties after his death. Closely tied to the fundamental and peculiar features of Roman family and society, the law of succession presents vast difficulties for Roman lawyers because of its highly sophisticated nature and lack of systematic coherence. It is no coincidence that eleven out of fifty books in the Digest address the law of succession. The development of the law of succession reflects important social changes in Roman economic structures and value systems. It echoes the progression from an old Roman agrarian society to a new commercial one. From a technical legal perspective, the law of succession reveals the tension between civil law and praetorian law. Without formally altering the civil law, the praetor introduced fundamental adjustments to protect emancipated persons, blood relatives in the female line, and surviving spouses, among others.

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TESTAMENTARY FREEDOM AND THE 'GUALDENSE' OR SOCINI MEASURE OF CAUTION. BACKGROUND AND HISTORICAL DEVELOPMENT

Author(s): Maria del Pilar Perez Alvarez / Language(s): English Issue: 2/2020

Our study focuses on the measure known as the Socini caution, its background in Roman Law and its subsequent formulation and development until its codification, some records of its reception remaining in current Spanish Common Law. The Socini measure of caution consists in the testamentary provision granting the inheritor of the legitime, or 'forced heir', the choice between accepting the testator's disposition, leaving more than the lawful share of an inheritance but subjecting it to an encumbrance, or receiving only the strict 'portio legitima' and renouncing the excess. This precise concept of the caution is examined herein. This figure is on the borderline between testamentary freedom and respect for the 'portio legitima', or what is known as ‘the qualitative intangibility of the legitime’, which is tantamount to a restriction on testamentary freedom. Therefore, before analysing these testamentary cautions I shall briefly refer to the historical background and development of the legitime and its legal nature, in order to set the context for this study.

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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.

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РИМСКАТА ИДЕЯ ЗА „ПЕРПЕТИУРАНЕ НА ЗАДЪЛЖЕНИЕТО“ И ПРОБЛЕМЪТ С ДОГОВОРНАТА ОТГОВОРНОСТ

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2021

The perpetuatio obligationis is the result, in a terminology proper to the jurisprudence subsequent to the veteres, of a creative interpretation of the late-republican jurisprudence which will assume in the subsequent tradition the relevant qualification of constitution veteris. The terminological formulation may also have had a modernization in the writing of the Severian jurist Paul, but without altering its dogmatic meaning. It is an up-to-date expression of what was technically the effect of the constitutio veterum on the level of the claimant in the event of perishing of the thing object of the rem dare oportere for a cause attributable to the debtor. The veteres believed, that the persistence of actionability with condictio of the rem dare oportere was based precisely on the idea that rem dare oportere was perpetuated even though the due thing perished.

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«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2021

The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.

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УРБАНИСТИЧНИЯТ ПРОИЗХОД НА ЕДИКТИТЕ „DE EFFUSIS VEL DEIECTIS“ И „DE POSITIS VEL SUSPENSIS“

Author(s): Luis Rodrigues Ennes / Language(s): Bulgarian Issue: 1/2021

It is known that the ius honorarium criminalized a series of punishable conducts typified by criminals actiones in facture for the punishment of unlawful acts not covered by the ius civile. Among them we can observe several actions that punish the free and reasonable use of public roads such as those against people who throw liquids or solids and place objects on eaves or balconies that could hurt during their fall. The opportune pretorian intervention, at exactly the right moment when the new urban situation requires it, constitutes an irrefutable proof that the Roman jurisprudence, far from fossilizing, is always ready to provide the solutions required by the changing social demands.

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LE PROBLEMATICHE DEI SINISTRI MARITTIMI NEL PENSIERO DI CALLISTRATO

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2021

The research intends to examine the particular methods through which the jurist Callistratus dealt with the problems connected to maritime accidents and in particular to shipwreck, with special regard to the legal repercussions that ensued both in terms of the distribution of consequent risks and in terms of protecting and safeguarding transported goods.

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SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE

Author(s): Linda De Maddalena / Language(s): Italian Issue: 2/2021

What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.

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ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

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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.

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ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

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PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.

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ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

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ОТКАЗ ОТ СУБЕКТИВНИ ВЕЩНИ ПРАВА ВЪРХУ НЕДВИЖИМИ ИМОТИ – СЪЩНОСТ, ФАКТИЧЕСКИ СЪСТАВ И ПРАВНО ДЕЙСТВИЕ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2022

The present study discusses issues related to the relinquishment of the right to property, provided for in Art. 100 of the Property Law, and of property rights over a third party’s property as legally regulated manner of disposing of the right to property. The aspect in consideration is the two-element mixed factual composition of the renunciation of the property right, provided for in the law: the unilateral declaration of will of the holder of the right, aimed at its termination on a given immovable property and its registration. A general consequence of the renunciation is that the property becomes unowned, but there is no direct regulation by whom and by what means it is acquired. Both the relinquishment of a co-owner of their ideal part of property and the relinquishment of an owner solely of their ideal part of property have been considered. The emphasis of the exposition is placed on the effect of the entry of the waiver of a subjective right, as well as on the consequences of an actual waiver of a property right under Art. 100 of the Property Law, mainly on basis of whom the right belongs to after such a waiver. Inquiry is placed on the suggested permits, that the properties, for which a consent is given to waiver of property rights: increase the shares of the other co-owners; remain unowned and subject to conquest; become state, respectively, municipal property. An original claim that such properties become state/municipal property is substantiated by application by analogy of Art. 11 of the Law of Succession and of texts of particular laws, apart from the foreseen prospect for the municipality to seize the property and acquire it by prescription.

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КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

Author(s): Teodora Trifonova / Language(s): Bulgarian Issue: 1/2022

This article discusses the specifics of the ownership of the land in which a building is constructed in Condominium ownership, when the land is considered to be a common part and when it is held in a co-ownership regime, how the ownership of the land affects the manner of its use, management and disposal.

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Спогодбата между Република България и Република Гърция за използването на водите на река Места (1996 г.)

Author(s): Ralitsa Tyutyundzhieva / Language(s): Bulgarian Issue: 2/2022

The article deals with the conclusion of the Agreement between the Republic of Bulgaria and the Hellenic Republic on the use of the waters of the Mesta River (1996). Attention is paid to the parliamentary debates arising from President Zhelyu Zhelev’s veto of the Law on Ratification of the Agreement. An analysis is carried out of Greece’s policy on both the specific issue, which is also interrelated with the opening of new border checkpoints, and the role Bulgaria’s southern neighbour plays as a member of NATO and the EU. It has been noted that Greece saw the need to support the development of democratic mechanisms and institutions that would lay the foundations for Bulgaria’s future EU membership and real commitment.

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Пулове в трамповото корабоплаване и правилата относно конкуренцията с оглед на чл. 101 от Договора за функционирането на Eвропейския съюз

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Пулове в трамповото корабоплаване и правилата относно конкуренцията с оглед на чл. 101 от Договора за функционирането на Eвропейския съюз

Author(s): Svetlana Dimitrakieva,Christiana Atanasova,Ognyan Kostadinov / Language(s): Bulgarian Issue: 3s/2023

Tramp shipping operates in a highly competitive environment and is fundamentally considered a free trade economic model. Water transport ensures the supply of raw materials and the distribution of finished products in international trade. The main task for water transport is to ensure the reliability of supplies, at prices that are on the one hand profitable for carriers, and on the other hand, stimulate international trade. In this regard, carriers are taking various measures to improve supply. One of the measures that are in constant development is the organization of shipping. It is known that with good organization and cooperation in shipping, better results are achieved, which benefit everyone - carriers and consignors. Shipowners are in a constant process of renewing their fleet and organizing fleet management. The organizational forms are different, but some of them affect the application of the Treaty on the Functioning of the European Union. This publication examines checks in tramp shipping and their compliance given the Art. 101 of the Treaty on the Functioning of the European Union. The topic is under-researched and is of theoretical and practical interest.

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Zatopione w Morzu Bałtyckim bojowe środki trujące – analiza możliwości wykorzystania ich przez Federację Rosyjską w działaniach terrorystycznych

Author(s): Krzysztof Kaczmarek / Language(s): Polish Issue: 56/2023

The aim of the article was to attempt to analyze the possibility of the use by the Russian Federation of toxic warfare agents dumped in the Baltic Sea to carry out terrorist acts and sabotage activities. For this purpose, the following research methods were used: historical in order to show the reasons for dumping chemical weapons in the Baltic Sea. However, the main method was the polemological approach.The aim of the article was to attempt to analyze the possibility of the use by the Russian Federation of toxic warfare agents dumped in the Baltic Sea to carry out terrorist acts and sabotage activities. For this purpose, the following research methods were used: historical in order to show the reasons for dumping chemical weapons in the Baltic Sea. However, the main method was the polemological approach. Due to the difficulties with access to information (or its confidentiality), some of the considerations were hypotheses. However, procedures (or rather the lack thereof) provided for in the event of a mass release of poisonous warfare agents into the Baltic Sea were examined. The main conclusion of the article is that none of the countries with access to the Baltic Sea is prepared for the possible use by Russia of chemical weapons deposited there. Usually, this state of affairs is explained by the low probability of such events. However, after taking into account the activity of Russian units, technological progress, and miniaturisation of devices (including military ones that allow remote military operations), it can be concluded that such actions are possible.

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PROBABILITY MODEL OF SAFETY AT SEA

Author(s): Alexander Alexandrov / Language(s): English Issue: 1/2024

Research shows that ususally Master is the main guilty, if any catastrophy arrises. Obviously, it is not truth. In realising the transport task many other participants take part. A principel relative model is formulated. It is accepted the errors are ocasional and equaly distributed. It is demonstarated Master is burden wrongly.

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