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TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

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

„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

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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NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

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

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

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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THE FACTORS INFLUENCING GROSS DOMESTIC PRODUCT GROWTH IN THE POST-PANDEMIC PERIOD: THE CASE OF KOSOVO

THE FACTORS INFLUENCING GROSS DOMESTIC PRODUCT GROWTH IN THE POST-PANDEMIC PERIOD: THE CASE OF KOSOVO

Author(s): Muhamet J. Spahiu,Betim J. Spahiu / Language(s): English Issue: 2/2022

This paper examined the factors that influenced the Gross Domestic Product growth (GDP) in the post-Covid-19 period in Kosovo. This paper explored the impact of consumption, remittances, exports, imports, and inflation on Kosovo's GDP growth using fixed effects regression analysis with data from various secondary sources to analyze their impact from Kosovo's perspective. The results demonstrated that consumption, remittances, and exports had a statistically significant influence on GDP growth during the post-pandemic economic lockdown stage, whereby imports and inflation had a little inverse relation. Further, the Hausman test statistics on the adequacy of the fixed-effect model selection represent a superior performance compared to the random effect model. The paper is the first that extensively explores the impact of these factors that drove GDP growth in the post-pandemic period in Kosovo's economy. The novelty of this paper is that it recognizes the response of governments to the pandemic and accurately identifies the macroeconomic factors that influenced GDP growth.

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THE LEGAL ROLE OF GOVERNMENT IN PROTECTING CULTURAL HERITAGE AND ARCHAEOLOGICAL SITES IN THE WAR-AFFECTED COUNTRIES: THE CASE OF IRAQ AND SYRIA

THE LEGAL ROLE OF GOVERNMENT IN PROTECTING CULTURAL HERITAGE AND ARCHAEOLOGICAL SITES IN THE WAR-AFFECTED COUNTRIES: THE CASE OF IRAQ AND SYRIA

Author(s): Rukhsar Ahmad / Language(s): English Issue: 2/2022

Conserving cultural heritage and archaeological sites have become a serious national concern in the Middle East for the war-affected countries, including Iraq and Syria. Because looting and violence have caused massive destruction of cultural heritage and archaeological sites, this study aimed to analyze the legal background concerning the protection of cultural heritage and archaeological sites in the context of Iraq and Syria during 2014 with the rise of the Islamic State of Iraq and Syria (ISIS). This study used the content analysis method and cross-country analyses for Iraq and Syria. The study is guided by two main questions: What is the government's legal role in protecting cultural heritage and archaeological sites? Are there any legal authorities in Iraq and Syria to protect cultural heritage and archaeological sites during war and conflict? In the end, this paper suggests that protecting cultural heritage is the legal responsibility of government which is supposed to be enforced in the legal foundation of the state as a national sovereign power.

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EXAMINATION OF DECISION-MAKING STRUCTURES’ PERCEPTIONS OF COMPONENTS ON THE INFLUENCES OF SME SUCCESS

EXAMINATION OF DECISION-MAKING STRUCTURES’ PERCEPTIONS OF COMPONENTS ON THE INFLUENCES OF SME SUCCESS

Author(s): Muhamet J. Spahiu,Esat A. Durguti / Language(s): English Issue: 1/2023

Small and medium-sized enterprises (SMEs) have succeeded in being the main and dynamic pillar of national and international economies. Education and work experience is essential in increasing SMEs’ efficiency and competitiveness. The changing business environment has created fierce competitiveness among SMEs, requiring active interaction between managers/owners and stakeholders. As a result, this study aims to explore the influence of education, experience, using a business plan, and barriers on the success of small and medium-sized businesses. This research employed an online questionnaire for scientific research. Through ordered logistic modeling, we observed 336 answers from businesses using the qualitative approach. The study’s findings reveal that education and work experience have a statistically favorable influence on the performance of SMEs, whereas barriers have a substantial adverse influence. Findings on barriers are noteworthy in the context of this study since the governing institutions throughout the pandemic and later situations experimented with the measures adopted. The study also benefits SMEs and legislation authorities in understanding the critical concerns that are perceived as barriers to the growth and expansion of SMEs, resulting in the creation of even more sophisticated infrastructures to support sustainable development.

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PRAESES PROVINCIAE, RECTOR PROVINCIAE, PROCONSUL PROVINCIAE В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ТЕОДОСИЕВИЯ КОДЕКС

PRAESES PROVINCIAE, RECTOR PROVINCIAE, PROCONSUL PROVINCIAE В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ТЕОДОСИЕВИЯ КОДЕКС

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2022

The article analyses the use of the terms proconsul, praeses, rector to designate the provincial governor in the Codex Theodosianus; it points out the terminological continuity of the first two with their use in the previous era and establishes the classical origin of proconsul and praeses and the postclassical origin of the term rector as a designation of provincial governor. An analysis of the imperial constitutions in Theodosian Code reveals that it is the new term rector that has the highest frequency of use by the imperial office in 118 imperial constitutions, compared to proconsul in 102 imperial acts; the term praeses has the lowest frequency of use in Theodosian Code.

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

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

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

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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Радиото в цифровата постмедийна ситуация - между изкуствения интелект и човека

Радиото в цифровата постмедийна ситуация - между изкуствения интелект и човека

Author(s): Alexandra Ilieva / Language(s): Bulgarian Issue: 14/2023

Radio is the oldest electronic media that is the first to reflect technological leaps in the media world. At the end of 2022, the technology based on artificial intelligence makes a qualitative leap and perceptibly enters all spheres of social and cultural life. This is also the period in which artificial intelligence begins to create individual broadcasts and later - entire radio programs. The potential of this new technology to replace the human factor is substantial. This research focuses on the future of radio and the impact of AI technology on radio producing.

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Virtual Professional Identity, Legal and Ethical Aspects. A Conceptual Framework

Virtual Professional Identity, Legal and Ethical Aspects. A Conceptual Framework

Author(s): Dragoş Grigorescu,Dana Volosevici / Language(s): English Issue: 1/2023

The text uses two tools to interpret the relationship between employee and employer. The first tool is anthropological, while the second is a legal one. In this way, the complex relationship between an employee and an employer is analyzed in the larger context of doubling the real identity of the two participants with a virtual identity for each of them. Therefore, the relationship will include two levels of reporting from the employee to the employer and vice versa. The employee will be viewed by the employer both as a natural person, therefore real, but also as a virtual person with the virtual identity or profile. In turn, the employee will refer to the employer both as a legal person and as a virtual legal person. In the following lines we propose to establish a possible ethical boundary between the employee and the employer as virtual entities capable of orienting the anthropological and legal analysis.

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Transmission of the Right of Option Regarding the Acquisitive Prescription to the Universal Heirs, Respectively to Those with Universal Title

Transmission of the Right of Option Regarding the Acquisitive Prescription to the Universal Heirs, Respectively to Those with Universal Title

Author(s): Georgeta-Bianca Spîrchez,Ștefania-Mădălina Brebeanu / Language(s): English Issue: 1/2023

The following study is based on a practical case concerning the situation of a husband and wife who, although they met all the requirements for usucapio, died without exercising this right before the court. Such facts raise the following legal questions: could their right of option to invoke the positive prescription be transferred to their heirs? Or is it necessary for the heirs to start a new possession in their own person, in order to then take advantage of the merger of possessions? The answer to these questions is not easy to deduce, as the research we conducted shows that the issue is a controversial one.

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Fidelity and Integrity in the Relationship between Employee and Employer

Fidelity and Integrity in the Relationship between Employee and Employer

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2023

The present text aims at a conceptual analysis of the legal and moral bases involved in building and understanding the employment relationship between employer and employee from the point of view of the idea of employee fidelity to the employer. That is why the text contains, on the one hand, a legal analysis of the presumptive primacy of the employer's interest in the employee in the partnership assumed by the employment contract, especially when the employee's obligation to fidelity to the employee is associated with the idea of loyalty, and on the other hand, the article goes beyond the legal framework of the employment relationship to that of the social and moral philosophy that the employee-employer relationship assumes. For example, in the core of the moral philosophy analysis is debated the theoretical basis on which a tacit assumption of the organizational values that the employee accepts by signing the employment contract can be based and by virtue of which the employer in turn can justifiably request from the employee a fidelity and loyalty beyond the explicit provisions of the employment contract. Finally, the article tries to show that an integrative concept such as integrity, borrowed as an extension from the field of business ethics (codes of ethics and professional integrity), can be a useful solution in the balanced distribution and understanding of obligations and permissions between employee and employer in the case of the unwritten moral area of the employment contract.

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БЕЛЕЖКИ ПО ВЪПРОСА ЗА ПРОИЗХОДА НА ЗАКОНА ЗА СЪДЕНЕ НА ЛЮДЕТЕ

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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Ролята на митниците в превенцията на изпирането на пари

Ролята на митниците в превенцията на изпирането на пари

Author(s): Boyko Mitkov Petev,Todor Keranov / Language(s): English,Bulgarian Issue: 21/2025

The role of the customs authorities is of key importance in preventing the cross-border crossing of illegal financial flows and ensuring the financial security of the country and the European Union as its full member. In relation to the studied problem, the article proves and argues the modern role of customs in the prevention and counteraction of money laundering as increasingly necessary and justified.

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Киберсигурност и киберпрестъпност: Историческа перспектива, теоретични основи и правна рамка

Киберсигурност и киберпрестъпност: Историческа перспектива, теоретични основи и правна рамка

Author(s): Niki Mitkov Vladov / Language(s): English,Bulgarian Issue: 1/2024

The study examines the evolution of cyber security, cybercrime and the legal framework that governs these areas, focusing on the historical development of technology and threats in cyberspace. Beginning with the early years of mainframe systems and the ARPANET, through the development of TCP/IP protocols and the WWW, the study traces the evolution of the technologies that shape modern digital infrastructure. The initial cybercrimes and their transition to more sophisticated attacks such as DDoS, ransomware and social engineering are also examined. Particular attention is paid to major cyber incidents, such as Stuxnet and SolarWinds, as well as state-sponsored attacks on critical infrastructure. The study includes an analysis of international and European legal regulations, such as the Budapest Convention and the NIS and NIS2 directives, which establish a framework for protection against cyber threats. Based on current trends and case studies, future challenges and the need to improve cyber defence mechanisms are discussed.

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