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

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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.

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Doktrynalne podstawy duńskiego zaangażowania w państwach Zatoki Gwinejskiej

Author(s): Grzegorz Rdzanek,Aleksandra Kusztal / Language(s): Polish Issue: 2/2020

The purpose of this article is to provide an analysis of the doctrinal rationale – doctrinal roots behind Denmark’s involvement in the security of the Gulf of Guinea region in West Africa. The subject of the considerations is, above all Denmark’s military support’s strategic goals to selected countries in the region. Taking into account the military potential of the Kingdom of Denmark and the possibility of projecting military force beyond the borders of Europe, Denmark’s active military involvement in West Africa should be considered a unique type of international use of armed forces in order to pursue the vital interests of the state, including security interests. In the article, the authors attempt to learn and discuss the formal factors that influence and motivate Denmark’s participation in bilateral and multilateral cooperation with the states of the Gulf of Guinea in the field of international security. The authors’ attention is focused primarily on the most important Danish documents that set the directions and nature of the state of Danish security policy, including the scope of the use of armed forces in relations with the outside world, from the beginning of the second decade of the 21st century. The authors use the qualitative analysis of sources and critical content analysis, mainly of Danish doctrine and strategy documents. The aim of the study is to find an answer to the question: What are the premises and interests that shape the foundations of Danish involvement in the Gulf of Guinea?

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Bezpieczeństwo obiektów morskiej infrastruktury krytycznej w aspekcie współczesnych zagrożeń

Author(s): Andrzej Bursztyński / Language(s): English Issue: 1/2020

The article attempts to present maritime infrastructure facilities that may or should be included in critical infrastructure facilities. Due to their nature and importance for safety and economy, these facilities may be classified as national or European critical infrastructure facilities. The threats resulting from intentional criminal human activity, which may disrupt the functioning of port facilities, were also presented. The basic and also the most vulnerable facilities of maritime critical infrastructure are seaports. Their safety can be violated from three directions: land, air, and sea. At the same time, it is not possible to ensure the same level of security in all port and land areas. Therefore, port facilities were particularly vulnerable to threats. Ensuring the proper level of port facilities security requires undertaking a number of organizational and technical projects.

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TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

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„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

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THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

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DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

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THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

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REFLECTIONS ABOUT CONFUSION AS MEANS OF EXTINCTION OF OBLIGATIONS GUARANTEED BY BOND

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2021

The extinguished effects of confusion in civil obligations are verified in agreement with very particular rules in diverse categories of legal relations in which they affect and distinctive as well are the solutions that roman legal sources contribute in this sense, by which always maintaining as base of our study the unity in regards to the definition of the institution, we have projected our interests for the analysis of the confusion in the obligations with guarantee field, most definitely about the guaranteed obligations with the bond in accordance to their manifestation between deserving of and principal debtor, between deserving of and guarantor and lastly, between debtor and guarantor.

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SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

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МОРСКОТО ПИРАТСТВО КАТО МЕЖДУНАРОДНО ПРЕСТЪПЛЕНИЕ. РАЗГРАНИЧЕНИЕ ОТ СХОДНИ ПРЕСТЪПЛЕНИЯ ПО НАЦИОНАЛНОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2021

The international crime of piracy often presents a number of complications related to its perpetration in various and continuous forms and together with other crimes and recognition of the applicable law. The paper outlines its general legal and criminological characteristics, provides criteria for its legal qualification and differentiation from robbery, maritime crimes, war crimes, terrorism and other crimes and some insights on its development as a criminal phenomenon.

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CONSIDERATIONS ON THE CONCEPT AND HISTORICAL-LEGAL EVOLUTION OF USUCAPIO IN ROMAN LAW

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2022

This paper aims to give a greater perspective to the study of an institution that even today presents complex situations because the usucapion or acquisitive prescription works as a kind of consolidation of a right, provided that a possessor has been for a certain period of time. Each legal system establishes the point of equilibrium between the interests confronted in a usucapion case based on certain elements, therefore it is useful to analyze the Roman legal experience as a scientific foundation of this complex institution that constitutes one of the great themes of the law of things.

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THE PEREGRINI – ROME’S PROVINCIAL SUBJECTS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2022

Viewed as „strangers“, the peregrini constituted the majority of Rome’s population. Although they did not have roman citizenship, still the peregrini benefited from specific rights. The main points of interests in the article are to examine the legal status of these people under ius gentium and to explore how this status differed from Roman citizenship. Lastly the study will try to give a classification of the distinct types of peregrini.

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THE ROMAN ARMY AT THE NORTH OF THE DANUBE: AN IMPORTANT FACTOR IN THE ROMANIZATION OF DACIA

Author(s): Cristina Pop / Language(s): English Issue: 2/2022

The Roman army was one of the most effective institutions of Ancient Rome. The Eternal City conquered and globalized the world through its soldiers. Dacia, as a future province of Rome, was no exception to colonization, so Dacia capta est. Therefore, the Roman model was also implemented in this territory, the army contributing in a direct way to the colonization of the people from the North of the Danube.

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HISTORY OF THE ORGANIZATION OF TARSATICA AND SENIA IN THE ROMAN AGE

Author(s): Željko Bartulović / Language(s): English Issue: 2/2022

The paper analyzes the history of the organization of Tarsatica, which in an earlier period had the status of a municipality, as well as preserved data on municipal officials, while in the second stage of its development it became a military center that defended the Italy from barbarian invasions. The second part of the paper analyzes the history of the organization of ancient Senia, which was an important traffic center and port, also in the status of a municipality, as well as preserved data on municipal officials. The authors analyze and compare different organizational and legal statuses of ancient settlements: oppidum, municipiums and colonies, as well as the structure of the population in them, which speaks of the degree of Romanization in the area of the eastern coast of the northern Adriatic.

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БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 2/2022

Republic of Bulgaria shall provide international and temporary protection. To every foreigner that has been granted international protection shall be issued Bulgarian identity documents. International protection shall be provided by virtue of the Refugees relating to the Status Convention (made in Geneva on 28 July 1951) and the Protocol relating to the Status of Refugees of 1967 and other international acts on the protection of human rights. A foreigner with granted international protection shall have the right to reside on the territory of the Republic of Bulgaria for the period of validity of the Bulgarian personal documents, issued to him. He has the rights and the obligations of Bulgarian citizens with some exception. On the other hand, temporary protection shall be granted in case of mass refugees’ influx who are forced to leave their state of origin due to armed conflict, civil war, foreign aggression, violation of human rights or heavy violence in the territory of the respective state or in an individual region thereof, and who because of this cannot return there. Republic of Bulgaria issued a registration card to a foreigner, to whom temporary protection has been granted – for the period of protection. This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions of issuance and using Bulgarian personal documents. The author’s aim is to provide a legal different between International and temporary protection.

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БЕЛЕЖКИ ПО ВЪПРОСА ЗА ПРОИЗХОДА НА ЗАКОНА ЗА СЪДЕНЕ НА ЛЮДЕТЕ

Author(s): Boris Velchev / Language(s): Bulgarian Issue: 1/2024

The study is dedicated to the question of the origin of the Zakon Soydnii Ludem. It examines the connections of the original provisions of the law, which are not borrowed from the Ekloga, with the Responsa Nikolai Papae I ad consulta Bulgarorum. It is concluded in in the study that such connections cannot be established with certainty, but they also cannot be rejected. Furthermore, the question of the significance that this law had in Russia during the 13th century is discussed, linking it to the possible reception of the law in Russia during its baptism in the 10th century.

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LAESIO ENORMIS – ПРЕКОМЕРНОТО УВРЕЖДАНЕ В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД РЕСКРИПТИТЕ НА ИМПЕРАТОР ДИОКЛЕЦИАН В ЮСТИНИАНОВИЯ КОДЕКС (CJ.4.44.2; CJ.4.44.8)

Author(s): Methody Todorov / Language(s): Bulgarian Issue: 1/2024

Laesio enormis is based on two rescripts of Emperor Diocletian in the Codex Justinianus (CJ.4.44.2, CJ.4.44.8). This institution does not exist in classical law, nor is it found in the Codex Theodosianus. The article justifies the issuance of the rescripts by Emperor Diocletian and the authenticity of part of the text, as well as the presence of interpolations in other parts of it. With their inclusion in the Codex Justinianus, a generalization of a legal authorization given for a private case and an exclusive hypothesis was made, and with the reception of the Codex Justinianus since the Middle Ages, this legal institute was adopted as a principle of contract law. The paper analyses his reception in canon law-the decretal Cum dilecti (Decr.Greg.3.17.3) of Pope Alexander III.

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Flota Bałtycka w polityce bezpieczeństwa morskiego Rosji: historia i współczesność

Author(s): Miłosz Gac / Language(s): Polish Issue: 2/2024

The article discusses the complex role of the Baltic Fleet in the Russian armed forces, highlighting its evolution and the various functions it has performed in the context of both defence and power projection. Historically, this fleet has been viewed as a tool for conducting operations on the high seas, as well as a force designed to defend the coast. However, in recent years, its role has transformed. The article examines the impact of changing geopolitical realities on the operational capabilities of the Baltic Fleet, considering its strategy in light of Finland and Sweden’s accession to NATO. Key research questions focus on the Fleet’s role in safeguarding territorial integrity and the potential consequences for its operations in response to the alliance’s growing presence in the Baltic Sea. The analyses and considerations presented in this article establish that the Baltic Fleet, facing limited operational capabilities and NATO’s advantage, undertakes hybrid activities aimed at undermining the capabilities of the North Atlantic Alliance in the Baltic Sea.

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Marynarka wojenna Chin w erze Xi Jinpinga: zdolności wojskowe i kierunki rozwoju sił morskich

Author(s): Rafał Kwieciński / Language(s): Polish Issue: 2/2024

The article analyses the growth of the naval capabilities of the People’s Liberation Army Navy. From a comparative perspective with the United States, the reasons and directions for the qualitative and quantitative development of the Chinese fleet are outlined. This article adopts a neoclassical realism perspective and hypothesises that China has adopted a policy of internally balancing the United States in the maritime domain during the Xi Jinping era. The author considers China’s vision of a future global maritime power as an intervening variable moderating the development process of the Chinese navy. This idea is developing dynamically and is associated with plans to build capabilities at the level of a “global military power” by 2049. The Chinese Navy is to defend “the near seas and protect the far seas”, securing the Chinese coast and operating in shallower waters closer to the coastline while developing the capabilities of the ocean fleet. Organisational changes accompany this modernisation, but the capabilities of the PRC fleet are still incomparably smaller than those of the U.S. Navy in terms of the quantity and quality of equipment. However, it should be remembered that the efficiency of Chinese shipyards is greater than that of the United States, and the introduction of new technical solutions and changes in strategy are redefining the role of Chinese naval forces. This means that under such conditions, the relative advantage of the United States in maritime waters will continue to decrease.

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