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Privire sintetică asupra sistemului electoral roman
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Privire sintetică asupra sistemului electoral roman

Author(s): Ionela Cuciureanu / Language(s): Romanian Issue: 2/2021

Talking about the Roman electoral system nowadays may certainly seem at a first glance, an outdated approach and one lacking a practical utility. However, if we leave aside the Greek democracy, the Roman electoral system was not only one of the best developed from a procedural point of view, but also one that overwhelmingly inspired modern systems. In the perception of the Romans, the state was not a separate and distinct entity from - and occasionally opposed to - the individual, but a group of individuals linked by various affiliations and sharing distinct obligations and privileges. But the real strength of the Roman state laid in the suffrage of the citizens, given that they had the necessary tools, legal and political alike, to elect those who exercised executive power, a basic feature today in all representative democracies.

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Regulation of the Relations between Jews and Christians in Roman Law

Regulation of the Relations between Jews and Christians in Roman Law

Author(s): Pál Sáry / Language(s): English Issue: 2/2021

Even the pagan Roman emperors issued a number of decrees concerning Jews and Christians. However, the regulation of the relationship between Jews and Christians did not begin until after the Constantinian change. The Christian emperors ruling in the fourth to sixth centuries sought to achieve the following three main goals in this area: (1) promoting the conversion of Jews to Christianity; (2) hindering the conversion of Christians to the Jewish religion; (3) elimination of hostility between Jews and Christians. For the first purpose, the rights of Jews were restricted (for example, they were excluded from public offices). Jews who converted to the Christian faith received special legal protection. For the second purpose, the conversion of Christians to the Jewish faith was declared a crime. Jews were forbidden to keep Christian slaves. Mixed marriages between Jews and Christians were prohibited. For the third purpose, Christians were forbidden to abuse Jews; attacking, looting and setting fire to synagogues was severely punished. Jews were also strictly forbidden to violate the Christian religion.

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НЯКОИ РАЗСЪЖДЕНИЯ ПО ТЕМАТА ЗА ДВОЙНАТА ПРОДАЖБА A NON DOMINO ВЪРХУ D. 19.1.31.2 И D. 6.2.9.4

НЯКОИ РАЗСЪЖДЕНИЯ ПО ТЕМАТА ЗА ДВОЙНАТА ПРОДАЖБА A NON DOMINO ВЪРХУ D. 19.1.31.2 И D. 6.2.9.4

Author(s): Salvatore Cristaldi / Language(s): Bulgarian Issue: 1/2021

The author examines two fragments of the Digest of Justinian – D. 19.1.31.2 by Neratius and D. 6.2.9.4 by Ulpian, where it is considered the problem regarding the individualization of one of two buyers who has to have legal protection with privilege compared to the other buyer, when the thing is bought by two different persons but from the same seller or by two sellers who are not owners. The author makes a research on the case with the sale by two sellers, because there are plenty of different opinions of the Roman jurists, which are explained not at the same way by Roman law scholars. The presented article is directed to the clarification of the terms and notions because of the essential heterogeneity of the opinions.

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LA MER ET LES FRUITS DE MER CHEZ MARCUS GAVIUS APICIUS – ASPECTS HISTORIQUES ET JURIDIQUES

LA MER ET LES FRUITS DE MER CHEZ MARCUS GAVIUS APICIUS – ASPECTS HISTORIQUES ET JURIDIQUES

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2021

Marcus Gavius, alias Apicius, born around 25 BCE, the author of the culinary work De re coquinaria, before his death travelled to the coast of Africa in order to obtain large shellfish that were to surpass those he had known up to then. This expedition was recorded by the sophist Athenaeus of Naucratis (Athenaeus Naucratita) (2nd / 3rd century AD) in Deipnosophistae 1.7b. Disappointed, Apicius, however, did not find satisfactory culinary products. In the Book IX entitled: „Seafood“ „De re coquinaria“ of Apicius we find the recipes for the preparation of dishes based on various seafood, such as: spiny lobster, European lobster, eyed electric ray, squid, cuttlefish, octopus, oyster, all kinds of shellfish, sea hedgehog, clam, Atlantic bonito, tuna, bullhead, salted fish, catfish and sea barbel. And although it is not known exactly what was written byApicius himself in the treatise, and what was added by a later compiler at the turn of the 4th and 5th centuries AD, , there is no doubt that the sea and the seafood played a great role in the life of Apicius. Was the journey of the Roman writer and culinary expert at that time something extraordinary? What kind of shellfish was Apicius cocus optimus looking for? Which legal regulations had the greatest influence on the sea journeys of an ancient gourmet - these are the questions that the current paper seeks to answer.

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THE ROMAN ADMINISTRATION IN DACIA AND THE XIII LEGION OF GEMINA

THE ROMAN ADMINISTRATION IN DACIA AND THE XIII LEGION OF GEMINA

Author(s): Maria Albu / Language(s): English Issue: 2/2021

Administration has always been full of dynamics in time and space, and the period of Roman conquest in Dacia is a very important one for the national history of Romania but also of Europe. Apulum, became in Roman times, the largest city in Dacia, the location being on the place where the city of Alba Iulia is located today. Here the residence of the general government of the three Dacians was established and it was a strong administrative center but it also played a rolein the Romanization of the population. Also in Apulum we find the 13th Legion of Gemina, an elite legion, in the Roman Camp of Apulum.

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JURISPRUDENCE IN ANCIENT ROME
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JURISPRUDENCE IN ANCIENT ROME

Author(s): Cristinel Ioan Murzea / Language(s): English Issue: Supliment2/2019

Among the formal sources of law, jurisprudence occupies a central position, as, by its form and content, it brought expression to a system of law which would become the fundament of law in posthumous ages, thus creating a treasure of ancient civilizations in regard to universal cultural and scientific patrimony. Initially, jurisprudence was achieved by empirical means, by the so-called case interpretation which was unable to provide the necessary background in order to elaborate universal principles of law or systematized interpretation which would represent the fundament of future legal construction. In the classical age, jurisprudence will reach its highest level, thus giving new dimension to the greatness and glory of Roman law, as legal advisers of those times will phrase principles and rules of law by combining different legal cases; thus, they prove to be great exegetes with a real sense of enforcing laws, thus, the regulations of ius civiliae become abstract legal provisions. This is the reason why the most interesting source of law of this age is responsa prudentium, namely the consultations given by the legal advisers; during this age, these consultations are no longer simple opinions which do not oblige the judge, but special concessions form the emperor, thus becoming mandatory regulations. Although, in present times, this possibility of the judge to rule by considering the opinion of a legal adviser, which might tilt the balance of justice one way or another is no longer in effect, the legal advisers still maintain their influence over the rulings of courts even if by indirect means, as is the case of appeal in the interest of law.

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Рецепция римского права в Северо-Западной Руси XIV–XV вв.: Вдова и имущество покойного мужа

Рецепция римского права в Северо-Западной Руси XIV–XV вв.: Вдова и имущество покойного мужа

Author(s): Alexei A. Vovin,Nataliya Bronislavovna Sredinskaya / Language(s): Russian Issue: 1(31)/2022

The article is about the influence of the Roman law on the Russian private act and statutes. The focus is on one legal collision regarding a widow life-long use of her late husband’s property (since she does not remarry). That case was equally reflected in the documents of the North-West of Russia asa well as in those ones of the North-Italian commune cities. In search of the sources of this legal norm, the articles of the Pskov Judicial Charter (PJC), the Code of Justinian (CJ), the Byzantine Ecloga (E) and the Extensive Edition of Russkaya Pravda (RP) are compared. It turns out that the texts of PJC and CJ are extremely close to each other both in semantic and textual terms, and at the same time they differ significantly from the texts of E and RP, which, in turn, are close. Thus, it turns out that the legal norm of the North-West of Russia, reflected both in the private acts and in the PJC, goes back to the CJ directly, bypassing the Byzantine legal tradition. To a certain extent, this reverses the traditional historiographic ideas that the influence of Roman law on Old Russian law was insignificant and, moreover, passed through the Byzantine «filter».

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ВОДНИТЕ СЕРВИТУТИ В РИМСКОТО ПРАВО

ВОДНИТЕ СЕРВИТУТИ В РИМСКОТО ПРАВО

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 1/2022

As part of a larger work "Struttura ed esercizio delle servitù d'acqua nell'esperienza giuridica romana", published in Quaderni del Dipartimento di Scienze Giuridiche, 8 (2003), the author presents the distinction between public and private waters and the discussion of the creation of water easements. The opinions of Roman jurists and the principles of determining the place from which the easement is constituted are presented, as well as their modification during the time of the Principate in relation to the needs of practice and the creation of new types of easements that require supplementing the concept of ius civile.

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Původ dělení věcí na hmotné a nehmotné

Původ dělení věcí na hmotné a nehmotné

Author(s): Sylvie Grulichová / Language(s): Czech Issue: 2/2024

The article concerns the origins of the well-known classification of corporeal and incorporeal things in Roman law, which follows from the development visible in the legal sources from Institutes of Gaius to the codification of the emperor Justinian. The wide range of non-legal sources dealing with the classification, mostly the philosophical works, from authors as Cicero, Seneca, Gellius, or Lactantius, is taken also into account. Two types of the classification based on the corporeality of things arise from all the analyzed texts. The first one uses the terms corporeal and incorporeal thing, but the legal sources, except the Institutes of Gaius and apart the non-legal ones, almost avoid it. The second one divides things with corpus and the ones consisting of rights and it is represented in the text of Ulpianus or Hermogenianus as well as in several post-classical legal sources. Nevertheless, the codification of the emperor Justinian adopts the formulation according to Gaius, whose proximity to the philosophy categories can be observed so the classification of the corporeal and incorporeal things.

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Preliminary comments on the genesis of the concept of natural law in the approach taken by St. Isidore of Seville

Preliminary comments on the genesis of the concept of natural law in the approach taken by St. Isidore of Seville

Author(s): Bartosz Zalewski / Language(s): English Issue: 49 (3)/2024

The aim of this study is to discuss information on the origins of natural law (ius naturale) in Etymologiae (Etymologiarum sive Originarum libri XX) written by St. Isidore of Seville (d. 636). Such a choice of the subject matter seems reasonable mainly because research on Christian concepts of natural law as a rule places the study of St. Thomas Aquinas’s natural law theory as its focal point. Previous Christian concepts are only briefly touched upon. Meanwhile, they have immense historical significance that have determined the entire Christian reflection on the idea of natural law since as early as the 13th century. The research allows a conclusion that the definition of natural law constructed by St. Isidore of Seville, along with the examples presented in his Etymologiae, is an exceptional creation that has no clear archetype in juridical and non–juridical sources. It quite clearly presents elements taken from Ulpian. However, the very essence of natural law as a normative system, that connects all people (not people and animals) due to their “natural instinct” (instinctus naturae) and that is independent of the will of the positive legislator, remains under a marked influence of the Christian thought.

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РИМСКОПРАВНАТА ТРАДИЦИЯ КАТО ОСНОВА ПРИ ИЗУЧАВАНЕТО НА ВЛАДЕНИЕТО В СРАВНИТЕЛЕН АСПЕКТ

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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ПРЕТЕНЦИЯТА ЗА НЕОСНОВАТЕЛНО ОБОГАТЯВАНЕ, ИЗВЪН ОБЕЗЩЕТЕНИЕТО ЗА ВРЕДИ ПРИ ДОГОВОРНА ИЛИ ДЕЛИКТНА ОТГОВОРНОСТ

ПРЕТЕНЦИЯТА ЗА НЕОСНОВАТЕЛНО ОБОГАТЯВАНЕ, ИЗВЪН ОБЕЗЩЕТЕНИЕТО ЗА ВРЕДИ ПРИ ДОГОВОРНА ИЛИ ДЕЛИКТНА ОТГОВОРНОСТ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2024

This article examines issues related to a heavy construction recently proposed in the Bulgarian doctrine, called "delict condition" and its manifestation in practice/ its applicability. Presented as a new source of bond claim, it provides the possibility, in addition to compensation for damages from an illegal behavior, to encroach on the property of the defaulting party to the contract (or the delinquent) in order to supplement the property of the party affected by the offense through conditional (of unjust enrichment) claim. A recent act of the ECtHR is commented on, which can be attributed to the hypotheses of the "delict condition". Examined through the lens of Article 4 of the Convention, whether it establishes a positive obligation to enable victims of human trafficking to seek compensation for lost earnings from their traffickers and under what circumstances such a positive obligation may be avoided in respect of income obtained by the victim through prostitution and taken by the trafficker.

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ПРОЯВЛЕНИЯ НА ANIMUS DOMINI СПОРЕД БЪЛГАРСКАТА ПРАВНА ДОКТРИНА И СЪДЕБНА ПРАКТИКА

ПРОЯВЛЕНИЯ НА ANIMUS DOMINI СПОРЕД БЪЛГАРСКАТА ПРАВНА ДОКТРИНА И СЪДЕБНА ПРАКТИКА

Author(s): Ventsislav L. Petrov / Language(s): Bulgarian Issue: 1/2024

The article examines the notion for animus domini in Bulgarian law doctrine and in Bulgarian court practice. The different cases of manifestation of animus domini are analyzed. The author’s thesis is that the most suitable is the wide view for this notion – it includes all cases in which a person holds a movable or an immovable property for himself, without obligation to give it back or to give it to another person.

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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

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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Ciceros Rede pro Tullio revisited. Überlegungen zur Tulliana aus rechtshistorischer Sicht

Ciceros Rede pro Tullio revisited. Überlegungen zur Tulliana aus rechtshistorischer Sicht

Author(s): Alexander Neumann / Language(s): German Issue: 2/2024

This paper focuses on the legal aspects of Cicero’s oration on behalf of Tullius, especially the actio de vi coactis armatisve hominibus, an action that receives comparatively little attention in the scientific debate. It will be shown, inter alia, that Cicero’s interpretation of the action is probably “correct”.

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Marriage Law according to the Josephine Code of 1787 and the Reception of Roman Law in its Provisions

Marriage Law according to the Josephine Code of 1787 and the Reception of Roman Law in its Provisions

Author(s): Roman Savuliak / Language(s): English Issue: 2/2024

The study highlights the provisions of the third chapter "On the Rights of Spouses" of the first part "On Personal Law" of the Josephine Code of 1787, which regulated marital relations in the Habsburg monarchy. First of all, the author analyzes the condition of scientific research of the set problem as a whole in the European science of the history of law since the end of the 18th – beginning of the 19th century and up to the present, as well as in the Ukrainian science. The author reveales the prerequisites of compiling the Josephine Code and considers the peculiarities of the codification work on it. The main focus of the study is based on the characteristics of marriage law according to the Josephine Code and the identification of the reception of the Roman law in its provisions, while for the first time, the meaning of the Marriage Patent of January 16, 1783, is clarified. Therefore, the author researches the conditions and procedure of concluding a marriage, including the conditions and legal consequences of recognition a marriage to be invalid; the grounds, conditions and procedure for dissolution of marriage, including the mode of separate residence of the spouses (so-called separation from board and bed). In conclusion, the author substantiates the historical and legal significance of the Josephine Code.

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Wie wurde die Provinz Bithynien verwaltet?

Wie wurde die Provinz Bithynien verwaltet?

Author(s): Zdravko Lučić / Language(s): German Issue: 8/2024

Der Vortrag geht erlautärt die Bedeutung der Korrespondenz des Plinius des Jűngeren fűr die Erforschung der Provinzadministration. Besonderer Augenmerk gilt dem 10. Band der Pliniius Briefe,welche aus der Zeit datieren als er die Provinz Bitthinia als Legat des Kaisers verwaltete. Ausgehend von der weiten Bandbreite an Aspekten, welche in der Korrespondenz aussgefűhrt werden, der Vortrag wird auf einige wichtigste näher eingehen. Der Vortrag betont die Bedeutung und Komplexität sämtlicher Aufgaben in der Provinzverwaltung,vor allem das Interesse des Herrschers in den Angelegenheiten der Provinzverwaltung, den Austausch an Informationen zwischen dem Machtzentrum und den Provinzen sowie das Problem der Kompetenzbestimmung zwischen dem Provinzverwalter und den lokalen Organen.

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Superficies - a Page from the History of the Romanian Law

Author(s): Ionuţ Ciutacu / Language(s): English Issue: 8/2023

Superficies is a real right over the good of another. It was consecrated in ancient Rome and ensured the exercise to the right of ownership over the construction erected on the land of another person, both in the Eternal City and in the territory of the provinces. The conquest of Dacia resulted in the application of Roman juridical institutions; they were applied in the Carpatho-Danubian-Pontic area, where they adapted to local realities, developed, and contributed to the formation of Daco-Roman law, and later, Romanian law. The provisions of the old Romanian law fit superficies into the category of real rights over the good of another. Although the representatives of the privileged social categories took advantage of this legal figure in their interest, it contributed to the development of urban life and commerce. This explains the fact that the jurists who carried out their activity between the half of the 17th century and the first half of the 19th century regulated this real right with the help of the Romanian Textbook (Cartea Românească de Învățătură), the The Re-shaping of Laws (Îndreptarea Legii) and some codes adopted in the second phase of the Turkish-Phanariot regime. But the adoption of the French Civil Code in 1804 brought new elements. Its provisions contributed to the removal of the last vestiges of feudal law by merging the legal regime of emphyteuse with superficies.

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ЗА ХАРАКТЕРА НА ВЪЗРАЖЕНИЕТО В РИМСКОТО ПРАВО

ЗА ХАРАКТЕРА НА ВЪЗРАЖЕНИЕТО В РИМСКОТО ПРАВО

Author(s): Ivona Veselinova Encheva / Language(s): Bulgarian Issue: 1/2024

In this paper are discussed some of the main questions of the nature of the Roman exceptio (objection), related to its place in the systems of private and public Roman law (ius privatum and ius publicum), besides in the systems of ius praetorium and ius civile. Therefore, are presented and interpretated different Roman texts, which are of great importance in respect to the current subject. The genesis and development of the exceptio determine its’ complicated structure, consisting of both public and private elements, which also follows the specific material-processual structure of the Roman actio.

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РИМСКОПРАВНАТА ЗАЩИТА СРЕЩУ НАСИЛИЕТО, ОСЪЩЕСТВЕНО ОТ ВЪОРЪЖЕНИ И СДРУЖЕНИ ХОРА - НЯКОИ АНАЛОГИИ С МОДЕРНИТЕ НАКАЗАТЕЛНОПРАВНИ КОНЦЕПЦИИ

РИМСКОПРАВНАТА ЗАЩИТА СРЕЩУ НАСИЛИЕТО, ОСЪЩЕСТВЕНО ОТ ВЪОРЪЖЕНИ И СДРУЖЕНИ ХОРА - НЯКОИ АНАЛОГИИ С МОДЕРНИТЕ НАКАЗАТЕЛНОПРАВНИ КОНЦЕПЦИИ

Author(s): Emilia Ganeva / Language(s): Bulgarian Issue: 1/2024

In the present study, an analogy is drawn between the Roman legal protection against violence committed by armed and gathered people and some modern trends in criminal law such as limiting self-help, at the expense of providing more legal remedies and criminalization of preparatory acts to some wrongdoings that possess high degree of public danger.

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