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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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FROM THE QUAESTORES PARRICIDII TO THE REPUBLICAN QUAESTOR. JUDICIAL INVESTIGATION IN THE ARCHAIC PERIOD

Author(s): Javier Núñez / Language(s): English Issue: 1/2023

The aim of this article is to deal with the institution of the quaestores parricidii, a figure as ancient as it is obscure, which has given rise to a profound debate on basic questions, such as its origin, its competences and the way in which it was elected. These and other questions, especially the judicial functions they held during the monarchy and the first centuries of the Republic, as well as the connection with the figure of the republican quaestor, will be the focus of this article. Questions such as: why was the office of quaestor instituted?, when?, what did the investigation of the parricidum consist of?, are the quaestors parriciddi and the republican quaestors the same figure?, will serve to guide the debate and bring internal coherence to it. Questions that, on the other hand, the doctrine has been unable (or unwilling) to answer unanimously.

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ЗА НАКАЗАТЕЛНАТА ОТГОВОРНОСТ НА CIVITATES В РИМСКОТО ПРАВО

Author(s): Juan Manuel Blanch Nougués / Language(s): Bosnian Issue: 1/2023

The article addresses the issue of criminal and civil liability of legal persons from the point of view of classical Roman jurists. The issue was raised in relation to crimes committed by municipal rulers. Pursuant to D. 4.3.15.1; D. 4.2.9.3 and D. 43.1.64.4. the jurists distinguished between the criminal responsibility of the decuriones perpetrators of the crime and the civil responsibility of the municipes for the enrichment of the civitas for these crimes.

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FURTUM И ОПИСАНИЕТО НА ОТКРАДНАТИТЕ ПРЕДМЕТИ В IN VERREM 2.4 ОТ ЦИЦЕРОН

Author(s): Thomas D. Frazel / Language(s): Bulgarian Issue: 1/2023

Cicero portrays Verres here in ways that are strikingly similar to those that would be used against a thief in a civil proceeding: he emphasizes that Verres carried off goods, characterizes Verres’ purchases as forced sales, and describes the stolen objects in a spare manner like the one used in theft accusations. Cicero’s matter-of-fact descriptive mode also plays a key role in his own self-presentation as an informed, but not enthusiastic, consumer of art, unlike Verres. The spare descriptions thus reinforce Cicero’s ethical strategies.

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НАРУШЕНИЕ НА АВТОРСКИТЕ ПРАВА ПРИ СВОБОДНОТО ИЗПОЛЗВАНЕ НА ПРОИЗВЕДЕНИЯТА

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 1/2023

The topic of this article is devoted to the "institution of free use" of author's works. It clarifies the essence of use, both in national legislation and in international treaties. The every hypothesis from the cases of free use of the works without the author's consent without and with payment of compensation, provided for in the law, has been analyzed. There are presented arguments regarding the need to regulate parody as a form of free use and its inclusion in the specified regulations. A comparison is made between the "institution of the “free use" and that of "fair use" established in the countries of the Anglo-Saxon legal system. In parallel, the cases of violation in the permissible use of the objects of the copyright are indicated. The elements that form the factual composition of the copyright infringement and give rise to the tort liability of the infringer are presented. The civil law order for the protection of the violated exclusive right has been examined.

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INIURIA КАТО ФОРМА НА СЕКСУАЛНО НАСИЛИЕ

Author(s): Velina Stoyanova / Language(s): Bulgarian Issue: 1/2023

The Roman law of delicts is particularly developed and serves as an inspiration for many modern Roman codifications. The catalogue of delicts is rich, but of particular interest in the present work is the iniuria as a type of delicts. This institute is undoubtedly very modern for its time and modern permissions relating to violations of the individual's integrity strongly resemble it. However, not enough attention is brought to the problem of iniuria as a form of sexual violence. The task of this paper is to clarify the institution in this light through linguistic, historical and textual analysis.

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Wokół badań nad „Commentariolum Petitionis”

Author(s): Hanna Appel / Language(s): Polish Issue: 1/2023

The aim of the paper is to draw attention to the fact that while the authorship of the much-quoted Commentariolum Petitionis (a late-Republican pamphlet on electioneering) is still debated by researchers, this brief work itself is regarded as a valuable and reliable historical source. No conclusive solution to the riddle of the authorship has been provided by recent stylometric studies.

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In XII minuendi sumptus sunt lamentationisque funeris – sed ea non tam ad religionem spectant quam ad ius sepulcrorum: Restrictions on Funeral Luxury in Rome

Author(s): János Erdődy / Language(s): English Issue: 2/2023

The legal attempts to curb funeral lavishness and extravagance come into two groups: the first includes the provisions of the Law of the XII Tables, the second the lex Cornelia sumptuaria (81 BC), and the leges Iuliae sumptuariae (46 BC, 18 AD) (Rotondi, Sauerwein). In this presentation, the focus is drawn to the provisions in the XII tables. In ancient law, funeral sumptuousness was mainly regulated by the Law of the XII Tables. Prior to the early Republic, some restrictive measures appeared in the so-called leges regiae. Spectacular, artistically designed, and expensive funeral ceremonies and processions were not far from the Roman thought. As a result, the provisions on Table X restricting these lavish ceremonies could be considered as direct precursors of leges sumptuariae (Sauerwein) since the immoderate spending constituted a substantial and profound social problem, even though this excess was available only to the upper class. The casuistic and detailed rules of the XII Tables suggest that the extravagance of funerals and burials could not be categorically severed from the worship of the gods. Therefore these rules are directly related to religio. The sources include Cicero’s texts in De legibus, Polybios’ detailed account of Roman funeral rites, and Pliny the Elder’s reports on funeral customs. These texts show that many rituals were associated with worshipping the gods and sacrificial rites. This circumstance underpins the religious origin and character of these rules. At this point, however, interesting questions arise from this observation. Why is the ius sepulcrorum linked with religio? Did the proper worship of the gods serve as a sufficient justification for more intensive obedience?

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“Common Law” Hukukunun Gelişimi

Author(s): Fikriye Erkul / Language(s): Turkish Issue: 2/2023

The concept of "common law" generally corresponds to "customary law" which forms the basis of Turkish legal tradition. In our study, the origins of the legal systems developed in continental Europe and the legal traditions on which they are based are discussed. It has been observed that the "common law" in continental Europe differs significantly from the Roman legal system. Our study also aims to compare the European and Ottoman-Turkish legal systems within the framework of the common law, and it has been determined that there are significant similarities between them.

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POMORSKO SUDOVANJE U SREDNJOVJEKOVNIM DALMATINSKIM KOMUNAMA

Author(s): Mirela Šarac,Vilma Pezelj,Andrija Crnković / Language(s): Serbian Issue: 3 (3)/2023

Although seafaring was of crucial importance in the medieval Dalmatian communes, special maritime courts existed only in Dubrovnik, for a very short period in the 16th century, and in Zadar from the 13th to the mid-15th century. Jurisdiction over maritime disputes was strictly centralized and in Dubrovnik was entrusted to the ordinary civil courts, where the ruling aristocracy had a decisive influence. In addition, certain maritime disputes were decided by arbitrators, taking into account maritime customs and the principle of conscientiousness and honesty. The article analyzes in more detail the state authorities that were responsible for resolving maritime disputes, as well as the arbitration procedure that largely replaced the lack of special maritime courts.

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THE ROLE AND POSITION OF WOMAN IN ANCIENT ROME

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2023

The question of the social and legal position of woman was not the subject of scientific reasearch for a long time. As comprehensive research, this question appeared sporadically, most often within the framework of research into prehistoric societies and their connection with matriarchy or as a subject of analysis of the cult of goddesses and stories about slaves and courtesans. With new scientific research from the beginning of the 19th century and during the 20th century, the question of the position of women in science gained a significant place. Within the framework of Roman law, the question of the position of women was for a long time shrouded in the veil of women's disenfranchisement within the society of ancient Rome. However, the question arises as to how and to what degree the ancient woman was disenfranchised.In this article, which aims to investigate the importance that women had in state affairs in ancient Rome, their legal status and real power, it will try to prove that women really had a significant role in ancient society. In order to reach such a conclusion, the paper will look at the issue of the position of women in ancient Rome through historical, political, religious and cultural circumstances that influenced the formation of the image of women in ancient Rome.

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GREEK WOMEN V. ROMAN WOMEN

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2023

Although Greek and Roman women, in the earliest times, had a subordinate role, cases can be singled out in which they were directly or indirectly involved in court proceedings. In death, as in life, their identity was lost in that of their male relatives. This was old religious supremacy of the man and in that we can find the origin of woman’s political and legal subordination. The primary duty of women in ancient Athens was to marry and to bear legitimate children because the family hearth must not be extinguished (oikos eremos), so that their family unit might continue. The Athenian woman had no procedural ability, but preserved court speeches such as Antiphon’s „Against the Stepmother“ and Dhemostne’s „Against Neaera“ show that through rhetorical tricks, her presence could be felt indirectly in the courtroom. Though a Roman woman had to answer to her father legally, she didn't conduct her daily life under his direct scrutiny, and her husband had no legal power over her. Despite the fact that Ulpian stigmatizes court-appearance by women: “et propter sexus infirmi-tatem et propter forensiumr erum ignorantiam”, beside Vestal Virgins, examples of women who participated in court proceedings can be found. Valerius Maximus devotes a section of his work “On Memorable Deeds and Speeches” to women who conducted cases on their own behalf, or on behalf of others – Maesia of Sentinum and Afrania. This is also confirmed by Cicero who shows Republican women questioning jurists on points of law, including criminal law.

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DELITTI PASSIONALI NELL’EGITTO ROMANO DEL IV SEC. D.C. UN’ANALISI GIURIDICA DI P. AKTENBUCH 3-8

Author(s): Monica Ferrari / Language(s): Italian Issue: 2/2023

Within the fourteen pages of papyrus housed in the P. Philammon codex, now published as P. Aktentuch in its second edition and preserved at the Berlin Museum, six fragments reveal seven distinct judicial decisions. These documents pertain to criminal cases heard before a provincial governor in one of Egypt's provinces or even before the prefect of Egypt himself during the late 4th century AD. The second and fourth cases involve two murder cases with female protagonists, showcasing strikingly similar circumstances. In both instances, a woman, a wife in the first case and a girlfriend in the second, is discovered by her husband or boyfriend in a compromising situation with her lover. In one case, she falls victim to violence, while in the other, she takes up the weapon herself, possibly in a bid to defend her own life. The comprehensive documentation of these two legal proceedings, which adhere to the typical characteristics of cognitiones extra ordinem before Roman provincial governors, provides an insightful perspective on the treatment of crimes of passion, within the context of prevailing imperial regulations.

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THE HEREDITARY STATUS OF WOMEN AFTER THE SENATE DECISIONS

Author(s): Sara Mitic / Language(s): English Issue: 2/2023

The hereditary status of women in Roman law was not always the same. In different periods, women's inheritance rights were different and changed with the development of the state and society. When it comes to intestate inheritance, one could observe the hereditary position of a women according to Lex duodecim tabularum, praetorian law and Justinian's law. According to Lex duodecim tabularum, the woman was in the first line of succession, sui heredes and had passive testamentary capacity only if she was in matrimonium cum manu because then she had the position of daughter, filiae loco. According to praetorian law, the woman was in the fourth line of succession, vir et uxor. This means that the surviving spouse, who lived with the testator in matrimonium sine manu until his death, had the right to receive part of the property. However, the legal arrangement of inheritance lines, over time, led to certain problems, especially regarding the inheritance of the mother and children (a consequence of the interference of agnatic and blood kinship, the existence of two types of marriage, with and without manus). Because of this, two senate decisions were brought correcting the inaccuracies between the mother and her children. These were SC Tertullianum and SC Orficianum. This paper aims to show the improvement of the inheritance position of women after the adoption of these senate decisions.

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BREASTFEEDING AND ROMAN LEGISLATION

Author(s): Renato Perani / Language(s): English Issue: 2/2023

The practice of wet-nursing spread in Roman times as early as the late Republic even more during the Imperial age. It is widely believed in the literature that it was the Antonine emperors who curbed this trend and favoured the role of mothers. However, there is no specific legislative intervention handed us to us, but some legal and literary sources confirm the widespread interest in this topic at the time.

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(IN)FIRMITAS FEMINAE (THE ROMAN APPROACH TO THE MEDIAEVAL ITEM)

Author(s): Anamari Petranović / Language(s): English Issue: 2/2023

Recognizing diverse Roman indicators of legal (private law) position of women and elements in coordinated provisions of the observed mediaeval source Statutum Terrae Fluminis anno MDXXX . Тhe Authoress denotes the accents of gradually accepted and improved clarifications or concern considering real/potential protection referring female ‘(in)firmitas’/’fragilitas’ in disposal sphere, and traces of inheritance law features.

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REFLECTIONS OF ROMAN CONCEPT OF SORCERY TO MEDIEVAL STATUTORY LAW ON EASTERN ADRIATIC COAST

Author(s): Ivan Milotić,Dunja Milotić / Language(s): English Issue: 2/2023

Sorcerous acts and behaves in Roman law were in reach of iniuria, a type of a private delict. From its beginnings to the classical and postclassical period of Roman law it was an exclusively lay category to which the law paid attention because it was considered as injurious for other people and their property. The Romans believed that resort to some hidden and irrational forces could result with concrete damages, for which the perpetrator should be persecuted and ultimately punished. The same legal approach was adopted in the southern Europe in the early and high Middle Ages. It was first elaborated by the Bologna jurist and simultaneously accepted to different statutory regimes of the great states and empires of the time, including the Venetian statutory regimes. The same rationale of the Roman legal approach can be clearly discerned in the statutory regimes in the Istrian and Dalmatian communes. For this, the paper at hand examines reflections of the Roman concept of iniuria (specifically the sorcery) to legal perception of such acts in the communes of the eastern Adriatic in the Middle Ages. The intention of the authors of the paper is to examine connections between the Roman law and the communal statutory laws that in the legal matters related to sorcery apparently adopted the Roman paradigms. The special emphasis is put on relation of such acts to Church jurisdiction.2

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THE MATRIMONIAL PROPERTY REGIME AND THE POSITION OF WOMEN UNDER MEDIEVAL STATUTES IN KVARNER AND ISTRIA: A GLIMPSE FORWARD

Author(s): Ines Matešković Matić,Danijela Vrbljanac / Language(s): English Issue: 2/2023

In the medieval Croatia, the position of women regarding their property rights, particularly property ownership in marriage and its management, was regulated by statutory provisions that drew upon the Roman-Byzantine legal tradition, while also incorporating influences from Croatian and Venetian law. The paper is focused on the scrutiny of the matrimonial property rights position of women in medieval Rijeka based on the provisions of the Rijeka Statute from 1530 and the Book of the Rijeka Chancellor and Notary Antun de Renno de Mutina from the mid-15th century. It compares the regulation of the matrimonial property regime in medieval Rijeka with the Cres Statute and Istrian statutes, primarily concerning the clarification of issues related to community of property and the joint management of spouses' assets. With the aim of highlighting the progressive solutions of medieval statutes, particularly those of Rijeka and Istria, their provisions will be compared with the contemporary regulation of matrimonial property regime in Croatian law, as well as selected comparative European legal systems.

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Rzymski proces cywilny i rzymski proces karny Rzymian w ujęciu ks. prof. Stanisława Płodzienia (uwagi na marginesie maszynopisu BU KUL 1443A)

Author(s): Maciej Jońca / Language(s): Polish Issue: 1/2023

The Special Collections Department of the University Library of the Catholic University of Lublin preserves the legacy of the Podlasie-born Romanist Rev. Prof. Stanisław Płodzień. The author taught Roman and Canon Law at the Catholic University of Lublin in the 1950s and early 1960s. However, his promising career was interrupted by his sudden death in 1962. Among the unpublished materials he left behind is a script prepared for first-year students of canon law, entitled „The Roman Civil Trial”. This is a valuable find, since in the 19th and 20th centuries only two monographs on the Roman civil procedure were published in Polish. An analysis of the script shows that its author drew mostly on Leopold Wenger’s monograph „Institutionen des römischen Zivilprozessrechts”. It is from him that he took the idea of devoting a separate discussion to the differences between Roman civil trials and their criminal and administrative proceedings. The text included a subsection entitled “The Relationship between the Roman Civil Trial and Criminal and Administrative proceedings”. The author presented the peculiarities of all three types of proceedings in a factual manner, emphasizing that certain contemporary categories had already been contemplated by the Romans. Particularly noteworthy is the departure from the concept of dividing law into public and private based on the so-called criterion of benefit (utilitas). Rev. Płodzień emphasizes that the concept of state interest in Roman times was as vague as it is today. The narrative makes subtle use of modern civilist terminology.

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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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