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POSSESSIO МЕЖДУ CORPUS И ANIMUS

Author(s): Paola Lambrini / Language(s): Bulgarian Issue: 1/2022

The term animus used by Roman jurists in the context of possessio does not denote a psychological element that must be added to the physical availability in order to have possession, but an integrative part of the possessory situation, which is needed in specific cases, particularly when the corpus, the material disposition, for one reason or another, is not completely feasible. Corpus and animus did not therefore indicate the structural elements of the possessio, but simply the parts of which the human being is made up, through which he can interact with things and have possession of them.

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ПРЕХВЪРЛЯНЕ НА СОБСТВЕНОСТТА ПРИ QUASIUSUSFRUCTUS НА ВЕЩИ QUAE USU CONSUMUNTUR СПОРЕД РИМСКОТО ПРАВО И ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Maria Salazar Revuelta / Language(s): Bulgarian Issue: 1/2022

The analysis of the transfer of ownership in the specific quasiusufructus of things that are destroyed with their use is a key question to understand a particular legal figure, which, although in the sources, fits into the main scheme of ususfructus and fulfills the same social - economic function, has its own structural characteristics. On the one hand, the legal sources include it in the general framework dedicated to the legal regime of ususfructus (in book VII of the Digests, in title IV of book II of the Institutions and in title XXXIII of book III of the Codex). On the other hand, however, the sources categorically deny the creation of a usus fructus over res quae usu consumuntur. Rather, it speaks of the establishment per cautionem of a quasiususfructus. The article examines the development of the regulation and the opinions of jurisprudence on this matter in Roman law and in the Spanish Civil Code.

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Legitimate differential treatment in labor relations

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 1/2022

The substantiation of the concept of non-discrimination was initially made in relation to the recognition of the principle of equality, being established certain criteria that constituted a hard core of the regulations necessary to achieve protection. The national states have regulated in this matter by establishing in national legislation specific rules, initially found at the constitutional level, in the legal labor relations determining equal access to the labor supply. Subsequently, under the influence of interpretations of case law, the rules of non-discrimination were found at the level of organic laws, as a way for national courts to respond to solutions issued by European courts.

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LA PERMANENZA DELLE AUTONOMIE CITTADINE NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2022

The paper aims to critically reconsider the consolidated opinions on the fate of civic councils in the late imperial age in the light of some indications from sources, especially Western ones, in a view to better assessing their permanence and transformations in the age considered.

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EX SENTENTIA TITI IMP. AUG.: L’INTERVENTO DI UN PROCURATOR CAMP. A CRETA AL TEMPO DI DOMIZIANO

Author(s): Gian Luca Gregori / Language(s): Italian Issue: 2/2022

Based on a new reading of the terminus published in AE 1969/70, 635 from Knossos (Crete), where at r. 10 is mentioned a proc. Camp., the Author reflects on the role of this procurator charged with placing the boundary stones between the properties of a private individual and those of the colony of Capua. Was he an imperial procurator Campaniae or a procurator Campanorum, that is a delegate of the settlers of Capua, who were owners of land on the island of Crete, as has recently been proposed? Both possibilities are discussed, concluding in favor of the hypothesis already proposed by the Author (together with S. España Chamorro), that P. Messius Campanus was a regional procurator of Campania of equestrian rank.

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Ile jurysty w Piotrze Czyżewskim? Uwagi o prawie rzymskim w Alfurkanie tatarskim, siedemnastowiecznym paszkwilu na litewskich Tatarów

Author(s): Kacper Żochowski / Language(s): Polish Issue: 8/2022

Alfurkan tatarski prawdziwy na czterdzieści części rozdzielony (A Genuine Tatar Al Furqan Divided into Forty Parts) is a pasquinade on the Lithuanian Tatars written and published in the seventeenth century. Although it was published in Vilnius under the name of Piotr Czyżewski, there is a continued discussion as to who described the Tatars’ history, customs and position by placing them in a broad context, including a historical and legal one. The arguments presented in the Alfurkan he illustrated with examples from the works of ancient and medieval authors, including references to Roman law. The article attempts to answer to what extent those references were done accurately and with understanding. Thus, the article’s author first identifies the ancient legal content present in the Alfurkan; then, he considers the question of what the errors, manipulations and the specific choice of sources say about the Alfurkan’s author.

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КО ЈЕ МОГАО БИТИ СВЕДОК У СРЕДЊОВЕКОВНОМ СРПСКОМ ПРАВУ?

Author(s): Nina Kršljanin / Language(s): Serbian Issue: 2/2022

Medieval Serbian regulations of domestic origin do not contain systematic norms about witnesses and testimony, but only a few incidental mentions. On the other hand, in the transplanted Rhomaian (Byzantine) collections - the Nomocanon (Zakonopravilo) of St. Sava and the Abbreviated Syntagma of Matthew Blastares, there are numerous regulations on how witnesses give statements and, even more, whose testimony is considered acceptable. Many years ago, Soloviev assessed that it was not necessary for Dušan’s Code to delve into this matter “because the numerous provisions of Byzantine law (...) exhausted the subject matter.” However, one must question how applicable these norms were in the law of medieval Serbia. Although judicial records have not been preserved, occasional mentions of testimony at assemblies or witnesses to the drafting of contracts can still provide us with a view of the practice. With a focus on those sources, this paper will try to show at least a partial picture of witnesses in medieval Serbian law. Special attention will be paid to the issue of women’s testimony.

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THE HISTORICAL DEVELOPMENT OF WOMEN’S INHERITANCE RIGHTS

Author(s): Đorđe Raković,Mirjana Miškić / Language(s): English Issue: 2/2022

The development of female inheritance rights was marked by patriarchal conditioning. In most of the ancient legal systems, women could become heirs if they were legally married to their husband (testator) or if they were daughters without a male relative (brother). According to the Code of the Twelve Tables, a woman could inherit only if she were married into manus and a daughter, if she were person alieni iuris, under paternal power. Thus, the daughter, going to the groom’s house, would lose her inheritance rights towards her family. These provisions were not considered discriminatory in the context of the times. The Code treated the son who would leave the family authority equally. However, the heir son as a potential pater familias had become a more desirable successor over time. The author will try to show that family affection towards the male heir deeply conditioned the development of inheritance rights and the formation of the attitude that women have no right to family property. Unfortunately, even though the current regulations have long been non-discriminatory towards women, the established understanding still affects women or daughters renouncing their inheritance rights in favor of a male relative.

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ОКО САДРЖАЈА И ПРЕВОДА НОРМЕ О ШТЕТНОМ ИМАЊУ ИЗ ГЛАВЕ 47. ЗАКОНОПРАВИЛА – ПРИЛОГ ПРОУЧАВАЊУ РЕЦЕПЦИЈЕ ПРАВА

Author(s): Đorđe Stepić / Language(s): Serbian Issue: 2/2022

Until Dušan’s legislative work, the most important general act of the legal system of the Nemanjić state was the Nomocanon, i.e. The Zakonopravilo of Saint Sava. This compendium of secular and ecclesiastical law included Rhomean law, in addition to the “City Law” - Procheiron, and a number of civil law regulations from previous times. The subject of this work will be the beginning of chapter 9 of Justinian’s 120 novella (Nov. 120, 9, pr), which found its way to chapter 47 of the Code of Laws, and which concerns the issue of church property, more precisely - the issue of the issue of the Church acquiring sterile possessions - unprofitable lands. The goal of the research is to point out the various changes made by the redactor by transferring (transplanting) this commandment into Serbian law, as well as the possible reasons for this nomotechnical procedure. On the other hand, the topic will also include the contemporary understanding of the text of the 25th rule in Chapter 47, title 2, ch. 1 of the Zakonopravilo in the light of both previous translations of this work into the modern Serbian language - the translation of Ilovičkо Zakonopravilo and Sarajevsko Zakonopravilo. The purpose of this approach is not only to understand the way of reception to Serbian law, but also to recognize the importance of primary sources and a versatile approach when studying and translating old sources of law.

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„SUPRAVIEŢUIREA” DREPTULUI ROMAN ÎN CULTURILE ORGANIZAŢIONALE MODERNE COMPARATE ŞI IMPACTUL SĂU ASUPRA DECENŢEI TRAIULUI

Author(s): George Vlăescu / Language(s): Romanian Issue: 06/2023

Ruling from ancient times on the protection but also on the chaining of human freedoms, The Roman law – often positioned upstream of the asperities and the saraband of social inequalities – has left its legal impressions on culture and, by implication, on human legislation and standard of living. Or it is precisely this multi-secular matrix projected on the cultures built on the conceptual pitches of Latinity that brings us to a double question, namely: to what extent and in what form the Romanic ideological-legal elements are found in the philosophy of thought and living of post-modern societies, including their standard of living and whether the right itself can be made responsible for our modern culture in general, including the quality of legislation and standard of living nowadays. In order to be able to respond to such a challenge, but also to identify solutions, we will try to capture the essential features of a long and complex evolutionary process of transposing Romance influences from the logical structure of the legal norm to social realities and vice versa and, on the other hand, we will combine the traits thus obtained with the results provided at the beginning of this millennium by sociological research of comparative cultures.

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Jan Kanty Rzesiński – dziewiętnastowieczny krakowski romanista i historyk prawa (część II)

Author(s): Łukasz Jan Korporowicz / Language(s): Polish Issue: 2/2023

The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.

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РЕЦИДИВЪТ В РИМСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2023

It has long been doubted whether the Romans knew the notion that we call recidivism in modern terminology, for which the Latin language lacks a nomen. However, the sources attest cases of aggravation of the punishment for those who repeat the same offence after a previous sentence or a coercive sanction. It is difficult therefore to deny the existence of the ‘thing’ that in the Roman legal system is closely related to the forms of procedure. It will be the jurists, especially in the Severan age, to identify the structural elements of the figure and the ratio for the harsher punitive treatment of the recidivist. The tendency in the Late Imperial age to consider that of recidivist a real subjective condition opens the way to the subsequent developments of modern criminal legal science.

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PRAECEPTA IURIS, IUSTITIA И DELICTA

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2023

The article discusses the praecepta iuris, which are identified often as a principles of Roman law, and the concept of justice. They are presented in the most general theoretical plan, interpreted to the main institutes of Roman tort and criminal law.

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НАКАЗАТЕЛНАТА РЕПРЕСИЯ СРЕЩУ ЛИХВАРСТВОТО И НЕЙНОТО РАЗВИТИЕ В РИМСКАТА РЕПУБЛИКА

Author(s): Maria Salazar Revuelta / Language(s): Bulgarian Issue: 1/2023

Criminal response to usury in Rome is found to be inextricably linked to the continuous infringements of interest-restraining regulations, together with the most varied juridical instruments that are in effect in civil life, depending on the socio-economic circumstances of each era. From the Republic on, the work of the curule councilmen imposing fines and the possibility (towards the end of the III century B.C.) of bringing a private action in quadruplum is noticeable. Later on, the little effectiveness of the councilmen's interventions was replaced with the per quaestiones procedure, which was put into effect during the first years of the Empire and which was also applied to the annona-related frauds. However, the fight against usurious loans during the Principate moves primarily toward civil life. People had to wait till the Dominate entered the scene to watch the criminal repression of illicit interests once again. Despicable considerations of the usurious crime are stressed, from Diocletian on, as well as the re-establishment of the quadruplum crime on the part of Theodosius. Finally, Justinian will embrace the Diocletian legislation, although he seems to emphasize the civil consequences of the usurae illicitae.

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ДОПИРНИ ТОЧКИ В ИСТОРИЯТА НА АНГЛИЙСКОТО И РИМСКОТО ДЕЛИКТНО ПРАВО

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 1/2023

The article traces the steps in the genesis and formation of the system of English tort law, approaching this issue through the prism of the influence of Roman law on the evolution of English law and on the work of English judges. It distinguishes the main stages and key moments in the history of English law and highlights the specifics of English tort law that reveal points of convergence with Roman law.

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OТГОВОРНОСТТА ПО ЧЛ. 21, АЛ. 2 ЗЗД – ЕФЕКТИВЕН СПОСОБ ЗА ЗАЩИТА НА ДЛЪЖНИКА ПРИ PACTUM DE NON CEDENDO?

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2023

The present research is devoted to tortious interference with contracts, laid down in art. 21, para. 2 of the Bulgarian Law of Obligations and Contracts. The author attempts to assess critically whether this particular tort is applicable in case of a breach of an anti-assignment clause. More specifically, the present research argues whether it is possible for the debtor to bring an action vis-à-vis the assignee (or any other third person) who knowingly induces the creditor to transfer their receivable at variance with the obligation to refrain from assigning the receivable. The comparative overview reveals that, while nominally possible, this action is not the most adequate means of legal protection that can be attributed to the consumer in case of a breach of an anti-assignment clause.

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МАНДАТ И ОСТАЛИ ВИДОВИ ЗАСТУПАЊА У РИМСКОМ ПРАВУ

Author(s): Mirjana Miškić / Language(s): Serbian Issue: 39/2017

In Romanistics, the impossibility of representing the interests of other persons (alteri stipulari nemo potest) is cited as one of the axioms of Roman private law. Were the legal affairs of alineo nomine agere really unsustainable according to civil law, or were there indirect ways of representing the interests of other persons? The mandate as an institute of ius gentium is an example of indirect representation in Roman law, but in addition to the mandate there are other institutes, both of civil and praetorian law, which have the effects of representation. Services are not rare in Roman law and should be interpreted in accordance with the authentic Roman context, in order to see their true essence.

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Papal designations in the context of the Gregorian Reform

Author(s): Drahomír Suchánek / Language(s): English Issue: 26/2023

This study looks at a specific aspect of papal elections during the Gregorian Reform: papal designation. In separate steps, the study endeavours to look at both the historical and developmental context of papal designation, as well as the use of papal nomination for individual elections that took place during the Gregorian Reform period. The text also uses an analysis of electoral procedures to evaluate the significance of designation, specifically its actual influence on the decisions made by electoral participants. The designation does not appear to be a procedural and legislative feature but instead more of a practical and legitimising tool for defending a chosen procedure.

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Giovanni Brandi Cordasco Salmena, Nossalità, falsa, nossalità e magia. Negli illeciti agricoli e pastorali dalla codificazione decemvirale al primo Principato,

Author(s): Mirza Hebib / Language(s): Bosnian Issue: 7/2023

Review of: Giovanni Brandi Cordasco Salmena, Nossalità, falsa, nossalità e magia. Negli illeciti agricoli e pastorali dalla codificazione decemvirale al primo Principato, “L’ERMA” di Bretschneider, Roma, 2023, 260 str.

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Spor o Aristotela a Tomáše Akvinského na středověkých univerzitách

Author(s): Jiří Bílý / Language(s): Czech Issue: 1/2020

When Latin translations of Greek texts of Aristotle’s Ethics and Politics occurred in the 13th century, they overshadowed natural philosophy in Western Europe. Even when Aristotle’s works on natural philosophy had spread widely in Latin translations in the mid-twelfth century before, theologians and lawyers viewed nature as a normative power. Writers in the 12th century created philosophical systems in which the influence of natural forces and the natural law played a significant role. Many Latin translations made in the 12th century, dealing with medicine, astrology, magic and alchemy written by authors such as Ptolemy, Galen, Albumasar, Ibn Sina, Al-Fārābī, Alfarghani, and others who were anonymous or pseudonymous, represent a remarkable surge of curiosity about such matters which was rational in its objectives. In addition, in the Christian tradition, Aristotle´s and Avicenna´s works influenced Thomas Aquinas. Thomas Aquinas also emphasised the necessity and the naturalness of monarchical reign. The opening paragraphs of his De regimine principum describe man as a social and political animal‘ whose natural and necessary state is to live in a society of many similar creatures‘, the ideas ensuing from Aristotle. The ideas of Aristotle and Aquinas resembled each other. The mutual influence of the two systems is a topic of this article.

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