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O povaze argumentu a argumentace

Author(s): Miroslav Čaňo / Language(s): Czech Issue: 2/1997

The article explores the nature of arguments and argumentation within legal theory and practice. It emphasizes the importance of understanding the true meaning of "argument" and "argumentation" to ensure reliable legal conclusions. The paper delves into the logical analysis of arguments, distinguishing between genuine arguments and mere assertions. It also examines the historical and philosophical roots of these terms, highlighting their varied applications in different contexts. The study underscores the role of rhetoric in legal argumentation, tracing its origins to classical figures like Cicero. Additionally, it discusses the practical and theoretical dimensions of argumentation, including its use in legal reasoning and decision-making. The article concludes by stressing the need for precise definitions and applications of arguments to enhance the credibility of legal judgments.

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Hodnocení francouzské kategorie práva tzv. "smíšeného" z hlediska českého práva

Author(s): Jana Báčová / Language(s): Czech Issue: 2/1997

Both Czech and French law are parts of the system of the continental law. The system is based on Roman law which has had a deep influence on it. The continental law is usually divided into two large subsystems - public law and private law. The fundamental rules of this division were formed by Roman jurisprudence (ius publicum and ius privatum). Private law and public law are usually described similarly in the Czech Republuc and in France as well. Private law is defined as the law which determines the rights and duties of individuals on the basis of equal station. Public law is concerned with public affairs of the state, its territorial units and municipalities. But French jurisprudence has formed a new catory "the mixed law", it includes the criminal law and the procedural law (civil and criminal).

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Zkušenosti s městským ombudsmanem v Detroitu

Author(s): Vladimír Sládeček / Language(s): Czech Issue: 4/1996

The author of the article deals with the issue of the local ombudsman. At the outset he gives a brief survey of the recent situation of the local ombudsmen in the U.S.A. In his opinion, quasi-ombudsman entities, complaint-handing mechanisms respectively, may be observed in a growing number of American states. Local ombudsmen, who have a character close to a legislative ombudsman pattern, operate in twelve American cities. The relevant part of the article is devoted to an analysis of the legal background and functioning of the urban ombudsman in the city of Detroit. The author considers this institution to be one of the few true local legislative-type ombudsmen in the United States. First he gives some facts from the history of forming the institution. Then he is concerned with various aspects of position and activities of the urban ombudsman in Detroit: appointment, personal qualifications, deputy of ombudsman, investigations a investigatory power, the office of the ombudsman, etc. Some of the facts are based on a personal interview with Marie Farrell-Donaldson, the Detroit's City Ombudsman. In the conclusion the author indicates the meaning of the depicted experience with local (urban) ombudsman in the U .S. A. for the Czech Republic. Although an ombudsman-type institution has not been established in this country so far, there exists the bill on "Public Protector of Rights" which is in some aspects connected with the analysed issue. The author draws attention to unrealistic promises of candidates to the Senate to become the local ombudsman.

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Výklad provozovatelského práva

Author(s): Ivo Telec / Language(s): Czech Issue: 4/1996

The document discusses the interpretation of operating rights within the context of Czech copyright law. It explores the legal framework surrounding the public performance of works, particularly focusing on theatrical and musical works. The text delves into the contractual obligations between authors and operators, emphasizing the necessity for written agreements and the responsibilities of operators to pay royalties. It also touches on the historical evolution of these laws and the differentiation between public and private performances. Additionally, the document references various legal precedents and scholarly works to support its analysis. The aim is to provide a comprehensive understanding of the legal intricacies involved in the public performance of copyrighted works in the Czech Republic.

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Imunita jako ústavněprávní problém

Author(s): Vojtěch Šimíček / Language(s): Czech Issue: 1/1996

The article explores the complex issue of parliamentary immunity within constitutional law. It examines two extreme positions: one advocating for the complete abolition of immunity to ensure accountability, and the other supporting broad immunity as an essential constitutional institution. The article does not take a definitive stance but aims to answer key questions about the necessity and appropriateness of immunity in the Czech Republic. It discusses the historical context, different legal interpretations, and the practical implications of immunity. The focus is on parliamentary immunity, excluding presidential or judicial immunity. The article highlights the differences between British and French approaches to immunity and their influence on European constitutional frameworks. It also addresses the potential misuse of immunity for political purposes and the challenges in balancing immunity with legal accountability. The conclusion suggests that while immunity is crucial for parliamentary function, its scope and application need careful consideration to prevent abuse.

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Vymezení trvalého pobytu ve volebním právu (současně návrh de lege ferenda)

Author(s): Jan Filip / Language(s): Czech Issue: 1/1996

The article discusses the concept of **permanent residence in the context of electoral law in the Czech Republic. It highlights the evolution of this requirement since 1989 and its implications for acquiring and exercising voting rights. The author emphasizes the constitutional issues related to linking voting rights with permanent residence in parliamentary elections, contrasting it with the necessity of this link in municipal elections. The article also explores the interpretations of permanent residence in administrative and judicial decisions, suggesting that formal registration should be the decisive factor. The author proposes legislative changes to clarify the definition of permanent residence to ensure equality in voting rights. The discussion includes references to various legal provisions and court rulings that have shaped the current understanding of permanent residence in electoral law.

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The role of actions with the transposition formula in the development of Roman business law

Author(s): Ionuţ Ciutacu / Language(s): English Issue: 1/2022

Towards the end of the Republic, the Roman state experienced an unprecedenteddevelopment. The Roman business environment needed flexible legal documents, able to keepup with the fast pace imposed by commercial documents. The legal acts of the old RomanLaw did not correspond to the requirements of the exchange economy, as they werecumbersome and formal. The Romans were conservative and did not easily accept deviationfrom the rigors of the old Roman Private Law. For this reason, they created a new proceduralsystem, the formal procedure, with the help of which they managed to update the norms ofRoman Law. One of the most interesting legal procedures specific to this system was theaction with the formula with transposition, because in this way the lawyers contributed to thedevelopment of Roman business law.

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Covering the financial risks of companies in the HoReCa field through insurance contracts and methods of alternative dispute resolution (ADR) for these contracts

Author(s): Crenguţa Leaua,Laura Ramona Nae / Language(s): English Issue: 1/2023

The issue of financial risks of companies in the HoReCa field has acquired a new dimension with the situation of the COVID-19 pandemic, as they are forced to reevaluate their contractual risk allocation and financial loss coverage mechanisms. This situation generated a reassessment of the importance of insurance contracts, especially business interruption insurance. The interpretation of clauses in existing contracts that did not expressly refer to the pandemic situation increased the number of disputes generated by this lack of clarity. The present article represents a general presentation of the risks of the activity in the HoReCa field, of the insurance contracts specific to this field, as a way of addressing these risks. The article also refers to the methods of out-of-court settlement of disputes in the field of HoReCa insurance, respectively to the arbitration organised in this field, as well as to the alternative dispute resolution methods (ADR) used in Romania and at the level of the European Union

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Presentation of the SSM guide to the method of setting administrative pecuniary penalties

Author(s): Ecaterina Labi / Language(s): English Issue: 1/2023

Article 18 of the SSM Regulation and Article 132 of the SSM Framework Regulation set out the basis for the ECB’s administrative pecuniary penalties’ regime. Under Article 18(1) and (7) of SSM Regulation, the ECB (via its decision making body, Governing Council) may, impose administrative pecuniary penalties on supervised entities, in case of an intentional or negligent breach of (i) a requirement established by directly-applicable acts of Union law where administrative pecuniary penalties are available to competent authorities or (ii) a requirement provided for in ECB regulations and decisions. Within the exercise of its power to impose such penalties, the ECB enjoys a wide margin of discretion within the limits set by SSM Regulation and Regulation (EC) No. 2532/98. In this respect, the penalties applied must meet the criteria set out in Article 18(3) of SSM Regulation: they must be therefore “effective, proportionate and dissuasive”. Furthermore, the ECB may not exceed the limits specified in Article 18(1) of SSM Regulation and Article 4a (1) (a) of Regulation (EC) No 2532/98. The ECB may impose penalties of up to 10% of a bank’s total annual turnover in the preceding business year, or twice the amount of profits gained or losses avoided as a result of the breach, where those can be determined, as set in Article 18 of the SSM Regulation.

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Poland’s tax treaty policy in the post-BEPS era an overview

Author(s): Ziemowit Kukulski / Language(s): English Issue: 2/2023

This paper deals with Poland’s tax treaty policy in the post-BEPS era. The author analyses the impact of the MLI, and changes introduced to the OECD and UN Models in2017 on tax treaties Poland is party to in post-BEPS era. The study concentrates around the research question of whether these tax treaties could be seen as a pattern for the future in the area of implementation of anti-BEPS measures.

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Perspectives of Blockchain for the Modern Space Activity

Author(s): Anna Hurova,Maria Kirpachova / Language(s): English Issue: 2/2023

This paper is based on the study dedicated to the legal nature of the DLT (distributed ledger technologies), and in particular to Blockchain as its most popular example, the basic elements and models of the technology, the main spheres of its application in the framework of space activity in order to guarantee realization of rights and compliance with obligations of public and private space actors in the process of conducting the outer space activities, as well as legislative innovations to regulate the utilization of Blockchain in different countries, international standards, practices and promising legal mechanisms. The authors consider usage of different types of Blockchain ledgers (public ledger with authorized access and with/without special validator) to implement different tasks in the process of space activity regulation, such as guaranteeing fulfillment of terms and conditions of foreign economic agreements on the basis of smart contracts concluded between business entities and for maintaining the state register of space objects. The research proposes several scenarios that are acceptable both in terms of technical characteristics of Blochchain and legal requirements under which a number of central authorities can exercise their powers to regulate space activities using DLT. The most precise attention is focused on considering the compliance of the space authorization requirements, ensuring the registration of space objects and the implementation of foreign trade agreements within the space sector of the economy.

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РИМСКОПРАВНАТА ТРАДИЦИЯ КАТО ОСНОВА ПРИ ИЗУЧАВАНЕТО НА ВЛАДЕНИЕТО В СРАВНИТЕЛЕН АСПЕКТ

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 1/2024

The article is dedicated to asst. prof. Theodor Piperkov. It examines the importance of the Roman legal tradition in the study of the possessio and the conceptual framework that is created in the context of modern law in the light of comparative analysis with the legislations of other European countries.

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ДЛЪЖЕН ЛИ Е АРБИТРАЖНИЯТ СЪД ДА СЛЕДИ ЗА НИЩОЖНОСТ НА СДЕЛКИТЕ, КОИТО СА ОТ ЗНАЧЕНИЕ ЗА РЕШАВАНЕ НА ПРАВНИЯ СПОР?

Author(s): Aneta Antonova / Language(s): Bulgarian Issue: 1/2024

Arbitration is a private means of settling disputes based on an explicit agreement by the parties involved in the proceedings. It is an opportunity provided by the law for the parties to determine the court procedure and the applicable laws. The last two are a manifestation of the strengthened dispositive principle in arbitration proceedings. At the same time, the arbitrators should be guided by the principle of legality when rendering the arbitration decision - they should consider and decide the cases according to the exact meaning of the laws. If the court decision is based on a void contract, this would have as a result the violation of the principle of legality. The arbitral tribunal should examine the possible grounds for nullity of the contract even when there is no reference to them made by the interested party. It should examine whether the contract is against the law or the moral values in the society, whether it has an unlawful object or lacks essential elements required for its validity. Given the evidence presented in the case, the court, if it finds a lack of consent or simulation of the will of the parties, should indicate in the reasons for its decision the existence of the corresponding grounds for nullity of the contract.

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Trestnoprávna zodpovednosť manažéra kybernetickej bezpečnosti v českom a slovenskom právnom poriadku

Author(s): Jozef Čentéš,Michal Rampášek / Language(s): Slovak Issue: 3/2024

In this paper, the authors focus to the cybersecurity manager (CISO), who is responsible for cybersecurity in the company’s organization from the point of view of the Slovak and Czech legal system. In the introduction of the paper, the roles and responsibilities of the CISO in dealing with a cyber security incident and the relationship with the statutory representative (CEO) are characterized. The next part of the paper analyzes selected cases from the USA in which liability has been invoked against managers of legal entities (CISO, CEO) when dealing with an incident. Finally, the criminal liability of CISOs is analysed from the perspective of the Slovak and Czech legal system.

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The Interaction Between Roman Ius Civile and Local Provincial Legal Tradition: Papyri P. Yadin 21 and P. Yadin 22 as Roman Stipulatio

Author(s): Valéria Terézia Dančiaková / Language(s): English Issue: 1/2024

When Babatha, a Jewish woman living in Maoza, conducted her legal affairs in the early second century CE, her homeland was already under the rule of the Romans as the province of Arabia Petraea. Although people were granted the right to use their original legal system, the situation with respect to legal disputes was not that straightforward. The nearest judiciary authority was the appointed Roman governor. Since Babatha was not a Roman citizen, in case of litigation, the governor would apply ius gentium, which was, in fact, more of an idea than a specific legal system. The Greek documents in the Archive are a precious testimony not only for the life of Babatha herself but also for how Roman dominion over various regions influenced how local legal affairs were conducted. The discussion continues relating the archive, whether traces of the Roman ius civile can be found in the papyri, and if so, what it means considering the law that was used in the provinces. The papyri P. Yadin 21 and P. Yadin 22 are presented as purchase and sale, which, however, poses a question as to what tradition lies behind the contract. In this article, we want to present how the Roman ius civile could possibly interact with local provincial legal tradition on the example of the papyri P. Yadin 21 and P. Yadin 22, comparing them to the Roman contracts, treating the possible use of stipulatio.

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Administrative Contract in Administrative Matters: Slovenian Law in Comparative Perspective

Author(s): Katja Štemberger Brizani / Language(s): English Issue: 1/2024

Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.

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Приложение на телемедицината в здравеопазването: ползи и перспективи

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Приложение на телемедицината в здравеопазването: ползи и перспективи

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 3/2024

The accelerated development of information and communication technologies in recent decades has led to the creation of a number of new means to improve the process of providing medical assistance and health care. One of these tools is undoubtedly telemedicine, which is increasingly being used in most medical fields, such as surgery, cardiology, dermatology, mental health, rehabilitation and other fields. As the main prerequisites for the rapid entry of telemedicine into healthcare, the shortage of doctors and medical specialists, combined with the aging of the population throughout Europe, the ever-increasing general costs of healthcare, imperfections in the healthcare infrastructure such as the lack of medical and healthcare facilities can be indicated. In order to successfully overcome the indicated shortcomings in the health systems, it is necessary to effectively use modern innovative technologies. In this sense, telemedicine plays an important role in the positive development of the health sector. It brings a number of benefits to the whole society and especially to the patients, but at the same time a number of challenges arise, which should find a solution in order to guarantee the basic rights of the patients.

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Společenství vlastníků jednotek jako právnická osoba v právním řádu české republiky – některé otázky

Author(s): Tomáš Dvořák / Language(s): Czech Issue: 4/2024

This article deals with some issues of legal regulation of the association of unit owners as a legal entity in the legal system of the Czech Republic. Due to the complexity and extensiveness of the legal regulation of this issue, only some selected aspects of the legal regulation are discussed here, namely the extent of the legal personality of the association of unit owners, as well as some issues directly related to it.

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The Law Liability of Non-Judicial Mediators in Land Right Disputes

Author(s): Yahman Yahman / Language(s): English Issue: 4/2024

Land disputes are one of the most common cases in Indonesia. It is due to the demand for land ownership rights. In this case, mediation is used to resolve the case. The non-judicial mediator is a neutral party who helps the parties fairly. This study examines the civil law liabilities of non-judicial mediators in land ownership disputes and the legal position of a non-judicial mediator on authentic peace deeds. This research applied a juridical-normative approach with a law and a conceptual approach. The results indicated that non-judicial mediators, in carrying out their primary duties, both in terms of rights and obligations, must be based on law and protected by law to optimally provide services to the community while having a clear legal position in the notary. To sum up, unifying the mediation arrangement in one statutory regulation and mediation in the realm is necessary, both in litigation and non-litigation. In addition, future research can investigate the effectiveness and implementation of mediation certification, secrecy, financing, and repetition of mediation in land dispute cases. Further exploration is needed to understand the impact of mediation on the autonomy of the parties involved in land ownership disputes.

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REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE SEPTEMBRIE – OCTOMBRIE 2023

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REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE SEPTEMBRIE – OCTOMBRIE 2023

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 5/2023

The Case-law Of The European Court Of Justice September – October 2023

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