CULTURAL (UN)AWARENESS IN THE ACQUISITION OF LEGAL TERMINOLOGY: OUTCOMES AND SOLUTIONS

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 1/2020

The aim of this paper is to highlight the role of cultural awareness in achieving accurate translations by focusing on the analysis of several culture-bound legal terms of the English and Welsh legal system. These specific terms include items that refer to the court systemin England and Wales, such as names of various key positions in the judiciary branch, terms used in court procedures and criminal procedure, or advocacy terms. A parallel with Romania is introduced in order to highlight the similarities and differences between the English and Welsh legal system and the Romanian legal system. In spite of the contrast between the two legal systems, the translator can, if aware of cultural idiosyncrasies, provide correct translations that make apparently opaque terms explicit in the target language.

ГРЕШКАТА В РИМСКОТО ПРАВО СПОРЕД ФИЛИП ЛОТМАР И ИЗГУБЕНОТО МУ НАСЛЕДСТВО В ШВЕЙЦАРСКОТО ПРАВО

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 2/2020

With comprehensive research on the error in all areas of law, Philipp Lotmar (1850-1922) aimed at solving the eternal question of the definition and effects of errors on the basis of the Roman sources, in particular to what extent the contract is binding in the event of a error – until today one of the core questions of private law. His work could have influenced the revision of the law of errors until 1911 in Switzerland in some aspects, if the publication of his work had taken place in time. He offered other solutions to the issue of dissent and error about the future. Lotmar would certainly have welcomed the most famous provision of Swiss law on errors, Art. 24 para. 4 CO, through which the external error can also become considerable.

DOLUS O CULPAE CAPAX. LA CAPACITÀ DI DELINQUERE DELL’IMPUBERE TRA CONTINUITÀ E DISCONTINUITÀ

Author(s): Mariateresa Carbone / Language(s): Italian Issue: 2/2020

The impubes’s delict laibility, in the classic period, is subordinated to being doli or culpae capax; two decemviral provisions, instead, established a less severe sanction respect to pubes in case of impubes’s criminal behavior regardless from assessment about his actual ability to commit crime. Some textual clues allow us to speculate the historical happening that determined this evolution whose goal stands as a fondament of our current regulations, where is expected also an age range characterized from absolute presuption not-imputability and a next one (that a recent proposal of law would tend to turn down, bringing it closer to the ages of pubertati proximi) where the imputability depends on the ability understanding and wanting of the subject.

FROM FAS TO IUS AND THEIR ROLE IN TRADITIO IURIS ROMANI

Author(s): Cristina Pop / Language(s): English Issue: 2/2020

Among the numerous law systems known in history, the only one capable to develop a well-defined legal terminology, distinct in relation to the average, ordinary language, was the Roman law one. Even though in the ancient comprehension of the Quirites the laws would take a religious garb from both the point of view of their linguistic expression and from the point of view of their meaning, it was for the first time in history that the Romans created a unity of notions, able to transpose in a juridical language society's major interests. It was a fact also due to the general evolution from the antique fas to the exhaustive ius.

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.

RECEPTION OF ROMAN LAW IN THE FIELD OF REGULAE IURIS

Author(s): María Etelvina De las Casas León / Language(s): English Issue: 2/2020

The Roman tradition begins with the studies of Bologna and continues until the present day. We understand that the reception of Roman Law in Europe is based on the Bologna School. In this work we will make a brief approach to the regulae iuris, many of them converted into general principles of law, through the reception of the same in our legal systems. These maxims contain a historical background that makes them guides and values that inform our legal systems: legal bases, criteria of interpretation or sources of law. No code completely broke with the Roman tradition.

ПРИВИЛЕГИИ ЗА ВЕТЕРАНИТЕ ОТ ВОЙСКАТА В ИМПЕРАТОРСКАТА КОНСТИТУЦИЯ НА ЛИЦИНИЙ ОТ 10 ЮНИ 311 Г. И СЪВРЕМЕННОТО АДМИНИСТРАТИВНО ПРАВО

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article reveals part of the content of Licinius' imperial constitution of June 10, 311. It discusses the administrative status of professional soldiers as a special category of civil servants. It also analyses the administrative status of war veterans in accordance with the current Bulgarian legislation and the Roman traditions, enshrined in it.

РИМСКАТА ПРАВНА МИСЪЛ И ЕВРОПЕЙСКИТЕ ТРАДИЦИИ В „ПРИНЦИПИ НА РИМСКОТО ПРАВО“ НА ФРИЦ ШУЛЦ

Author(s): Fara Nasti / Language(s): Bulgarian Issue: 2/2020

In 1934, in Munich, Duncker und Humblot published the „Prinzipien des römischen Rechts. Vorlesungen“ by Fritz Schulz. A work of great importance in which Schulz collected the eleven lectures given in Berlin: the only ones he gave there before his exile. It must be considered in the context of legal historiography from 1920–1960 in the context of its scientific production. The content and ideas in „Prinzipien“ must not be forgotten. The book was written in difficult times in Germany before World War II and has strong political significance. This explains some of the author's choices in his attempt to consolidate the universal value of law based on the Roman legal tradition.

ПРОВЕРКА ЗА ПЛАГИАТСТВО ПО ЗАКОНА ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ ИЛИ ДОКАЗВАНЕ НА ПРЕСТЪПЛЕНИЕТО „ПЛАГИАТСТВО” ПО НАКАЗАТЕЛНИЯ КОДЕКС – ДОПУСТИМА ЛИ Е АЛТЕРНАТИВА ПО БЪЛГАРСКОТО ЗАКОНОДАТЕЛСТВО?

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 2/2020

The legal framework of plagiarism as a crime, finds its systematic place in Roman law. In the objective Bulgarian law, it is regulated by the first Penal Code in 1896. The current legal framework creates ambiguity regarding the application of the administrative provisions of the Academic Staff Development Act and the Penal Code. The article analyzes the provisions of the two normative acts, as well as the canceled Law on Scientific Degrees and Scientific Titles. The relevant procedures, the competence of the bodies and the consequences of the issued acts are considered. The conclusions justifiably raise the question: is this alternative acceptable?

THE COMMON GOODS ADDRESSED TO THE COMMUNITY USE WITHIN THE FRAMEWORK OF THE COMMUNITY ADMINISTRATION OF THE LATIN-SABINE ROMAN REGNUM (753 BC – 617 BC)

Author(s): Diego Diez Palacios / Language(s): English Issue: 2/2020

The reality of what modern states know as public property is present in the historical, urban and state period of the latin-sabine regnum. In it, the material arrangement of these realities will possess certain elements that are configured as a fundamental end that enhances the birth of a new, in part, legal way of acting on the also novel figure where the relationship between community and common thing manifests determining features that they become the antecedent of the sanctioned legal regime of the res publicae who will have to wait until the 4th century BC to see the light showing itself in the legal systems of numerous European and Latin American countries as the foundation of their public goods for public use.

Ако криминалните романи бяха реални наказателни казуси

Author(s): Ina Lozanova / Language(s): Bulgarian Issue: 3/2020

The current article aims to present a hypothetical review of some legal omissions in selected, reader-favorite crime novels. The material is based on legal principles which are common to states governed by the rule of law, and it would be useful to students of law and other academic courses. The presented cases in works of fiction have been analyzed from the standpoint of the acting Bulgarian penal law and Criminal Procedure Code.

За авторството в популярната музика през погледа на Уил Стро

Author(s): Mihail Lukanov,Mihail Lukanov / Language(s): Bulgarian Issue: 10/2021

The article addresses a topic related to the complex problem of authorship in the field of popular music today, as well as the challenges of trying to highlight the ‘image’ of the author in the context of the joint and shared creative efforts involved in creating а final music product. The text analyses these issues through the interpretive optics of Professor Will Straw, a contemporary Canadian researcher in the field of media studies. The presented reflections are based on his commentary on the ‘diffused’ image of the author in popular music in view of certain specific developments in the second half of the 20th century.

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.

ИСТОРИЧЕСКО РАЗВИТИЕ НА НАЧИНИТЕ ЗА КОМПЕНСИРАНЕ

Author(s): Maria del Pilar Perez Alvarez / Language(s): Bulgarian Issue: 1/2021

In this paper, we undertake to study the legal nature of non-conventional set-off from Roman law to codification, examining the doctrinal positions adopted by glossators and commentators. We shall pay special attention to the deductio made by the bonorum emptor and the principles that guide bankruptcy proceedings and that justify the admission or non-admission of insolvency status in comparative law and in Spanish law.

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.

ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

THE IMPACT OF CORPORATE GOVERNANCE AND ITS CONSEQUENCES ON PROTECTING THE BANK’S ASSETS: EMPIRICAL EVIDENCE FROM KOSOVO BANKS

Author(s): Esat A. Durguti,Emine Q. Gashi / Language(s): English Issue: 1/2022

This study aims to analyze the relationships between corporate governance instruments on the wealth of financial intermediaries in wide-ranging. The data employed in this study are secondary data from nine (9) commercial banks and covered the years 2013-2020. The approach used in data processing is a 2SLS estimation and multilevel mixed-effects for the dependent variable natural logarithm of total assets. The results provided by the econometric analysis show that board size, sovereign committees, Net Interest Margin (NIM), Non-Performing Loans (NPL’s), and equity to liabilities have an important impact on the protection of the assets of financial institutions. While surprising results have been generated in the composition of the board structure in terms of gender diversity, they have turned out to be insignificant. The originality and value of this study lie in the approach of including the characteristics of the board, as well as the combination of some financial indicators different from previous studies, which makes more comprehensive the study of the impact of board composition on increasing the wealth of banks.

ОТНОШЕНИЯ МЕЖДУ ЗАПАДНОЧЕРНОМОРСКИТЕ ГРАДОВЕ-ДЪРЖАВИ И РИМ ПО ВРЕМЕТО НА ПРИНЦИПАТА

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 2/2021

The expansion of the Roman Empire during the Principate leads to the creation of various unions between Rome and Black Sea city-states. The relations between Roman and local authorities is a question of great importance for the understanding of the integrational processes in the Empire. One example of such a union is the Western Pontic koinon among Istrum, Tomis, Callatis, Dionisopolis, Odessos and Mesambria. The analysis of this union can reveal the mechanisms of integration and government during the classical period of Roman law. This article aims to examine the relations between Rome and the Western Black Sea Coast city-states in order to reveal the basic principles of cooperation and integration of these cities under Roman rule.

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.

Библиография на българската правна литература за 2020 година

Author(s): Blagovesta Balkandzhieva / Language(s): Bulgarian Issue: 1/2022