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ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

Author(s): María Etelvina De las Casas León / Language(s): Bulgarian Issue: 1/2021

The jurists of the late Republican period, under the influence of the Greek dialectics, formulated certain principles or rules across the generalization of decisions to which they had come across the study of particular cases. They were trying to solve the cases that were appearing ignoring any type of rules or rather without knowing that across some of these decisions they were constructing rules that would come to the present day. Along this work there will be studied the origin and evolution of the roman regulae iuris, where the jurists, without realizing elaborated a corpus of rules that have been and are used not only for the juridical classifications of the Civil Law, but also of the Common Law.

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THE RIGHT TO LIFE AS A BASIC HUMAN RIGHT- А DIFFERENT PERSPECTIVE FOR NASCITURUS

Author(s): Malina Novkirishka-Stoyanova / Language(s): English Issue: 3 (3)/2023

Article 3 of the Universal Declaration of Human Rights and Article 2E of the European Convention for the Protection of Human Rights and Fundamental Freedoms provide that everyone has the right to life and no one shall be deprived of their life intentionally save in the execution of a court sentence or in the circumstances exhaustively listed in these international acts. This concept is also developed in the European Court of Human Rights case law in Strasbourg. It is assumed that the right to life is related to the acquisition of legal status, which in modern law is the moment of birth. The interpretation of this right is presented in relation also to the concepts of classical Roman jurisprudence, which offers some rational solutions to overcome the problems associated with recognizing the child’s existence in utero and protecting its interests until the moment of the birth of nasciturus. Some decisions of the European Court of Human Rights are presented about the Roman legal concept in the maxim „Nasciturus pro iam nato habetur quotiens de commodis eius agitur“.

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IMMAGINE FEMMINILE E TUTELA DELLA DONNA NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2023

The survey aims to study the female condition in Roman legal and literary sources of the late imperial age. The aim is to bring out the progressive affirmation of an orientation aimed at the legal and social promotion of women, having as its purpose not only the re-evaluation of her role in the family and civil sphere, but the very protection of her intimate morality. A particular object of investigation will be some provisions of the emperors Justin I and Justinian.

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IURA, FEMINAE, MONETAE. THE RIGHTS AND THE POWER OF WOMEN IN ROME REPRESENTED IN THE IMPERIAL COINAGE

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2023

In Ancient Rome under the private law women were subjected to tutela mulierum even if adult and had their legal capacity seriously limited. At the same time they were completely excluded from the direct participation in the public life as ius honorum and ius sufragii were reserved only for men who were Roman citizens. The last century of the Republic was a dramatic period, characterized by the great social changes that occurred in the Roman society. The coinage from ancient times to the present day has been a brilliant illustration of any political, cultural and social events and certainly has had an important significance. On the other hand the coins are also an extremely valuable source of information for the correct understanding and interpretation of many aspects of reality, relevant to the time of their minting. Despite that, the female images had appeared for centuries on Roman coins - goddesses or figures from the legends like the Vestal virgin Tarpeia, but most of the women – the mothers, the wives and the sisters of the great Romans remained invisible in both on the social level and on the coins. In the new era of the Principate with the Augustan legislation the severe rule of the old ius civile was modified and women with ius liberorum were free of guardianship and sometimes this privilege was given without actual satisfaction of the requirement. While, this is the era of a gradual strengthening of the condition, the power and the influence of women in the Roman state and politics and, accordingly, of the gender role, which reflects a radical change in Roman thinking and law, and imposes a new status of women unlike the ancient archaic understandings. Analyzing the history of the Roman law and the rights that it determined to the women we know they had a subordinate position relative to the male members of their family. In the time of the Empire and the Classical law this concept was reshaped and the result was perfectly noticeable in the Roman imperial coinage where firstly the women were depicted after their death and identified with some divinity and later they were represented during their lifetime. The aim of the article is to outline the role and the power of Roman women and to track the process of progressive change on this matter in Classical Rome using together the legal and the historical sources and giving examples for it with the images of important empresses and princesses in the imperial coinage.

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PROSTITUTION IN THE CONTEXT OF ROMAN CRIMINAL LAW

Author(s): Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2023

In this paper it will be shown that criminal legal position of prostitutes and pimps was the reflection of Roman policy concerning sexual as public morality. It was based, on the one hand, on the concept of honor-infamy as the framework of matrimonium iustum and, on the other hand, on the infamous but tolerable prostitution as a form of legal sexuality. Therefore, according to Augustus' lex Iulia de adulteriis coercendis prostitutes were explicitly excluded from punishment for adulterium and stuprum, by which their profession was confirmed as allowed, but at the same time, due to the infamy their position in the society was permanently marginalized. On the other hand, by this law the notion of the punishable lenocinium was established and only the husband who did not accuse his wife of her infidelity was, according to regulations of this law, considered as a pimp. Although pimping in the postclassical law was configurated as a criminal offense per se with innovatively stricter punishment, ambivalent legal position of prostitutes was retained. What is more, their profession not only remained allowed, if not also legal, trade with the aim of controlling men's sexual activities but since Caligula it became subject to taxation, precisely structured and very lucrative.

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IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2023

The well-known story of the noble Lucrezia, who committed suicide to save her honour, continues to provide, even in the thought of the Fathers of the Church, cultural parameters that they draw between legend and historical criticism. Even in the relationship between chastity and suicide it is possible to see the hierarchy of values attested by the indeuropean tradition as confirmation of a social consciousness which cannot be separated from the powerful help of the gods, which can be addressed only by virtue of the highest moral value of a people.

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WOMEN, OBLIGATIONS, LIABILITY – SENATUSCONSULTUM VELLEIANUM

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2023

The role of women in credit relations greatly increased with the development of Roman society in the imperial period. The main evidence for this claim is the adoption of the Senatusconsultum Velleianum in the middle of the 1st century AD. This legal monument provides valuable information about the legal status of women and their involvement in complex legal relations, concerning legal securities for the debt of third parties.This article focuses on the reasons that led to the adoption of this senatusconsultum and the implications it had for the legal sphere of women in Ancient Rome.

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FEMMINILITÀ E SACERDOZIO NELL’ANTICA ROMA. IL CASO DELLE VESTALI

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2023

The priesthood of the Vestal Virgins represents a unique exception in the landscape of Roman religion: it is, in fact, the only priestly college composed solely of women, in a society where religious offices are closely tied to public magistracies, and women are generally relegated to a role of domestic and private care. The priestesses indeed embody an ambiguous nature, with characteristics both of the feminine and the masculine world, teetering between enjoying great privileges and adhering to stringent constraints, the foremost being the safeguarding of their own purity. But it is precisely from the violation of this sacred obligation that the history of Rome originates, with the illegitimate and violent union between Mars and Rhea Silvia, in an event that unveils a paradoxical logic: only a public priestess could have given birth to the founder of the City and set its course in motion.

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WIDOW’S USUFRUCT IN ROMAN LAW AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 2/2023

The position of a woman as a legal heir in Roman law was not favorable. During the long history of the development of the Roman state and Roman law, it continuously changed. The Novels of Justinian, enacted in the first half of the 6th century, improved women's inheritance rights. A widow could inherit the part of her deceased husband's property if she had no children by him, and when she inherited with their joint children, she only had the right to usufruct on part of the deceased's inheritance. Given that Roman law had a strong influence on modern laws, the institution of widow's usufruct still exists today in certain laws. In this paper, we will point out the characteristics of widow's usufruct in Roman law and analyze current solutions in contemporary European legal systems. In addition, we will pay attention to how the Serbian Civil Code from 1844 regulated the widow's right to usufruct, as well as the conditions under which the surviving spouse can exercise the right to usufruct on the estate of the deceased spouse in current Serbian law.

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ПРАВНОИСТОРИЈСКИ ПРИЛОГ ИСТРАЖИВАЊУ ФУНКЦИЈЕ ПРЕТОРА У ВИЗАНТИЈИ

Author(s): Tamara Ilić / Language(s): Serbian Issue: 60/2/2023

The office of praetor in Byzantium represents a vestige of antiquity revived in the middle years of the reign of Justinian I. The paper offers a history of the function following the chronological timeline, as well as an analysis of the praetor’s competences in the judicial and administrative spheres. Firstly, relying on the few available sources up to the 10th century, it brings an overview of the praetor’s competences. In the 10th century, the praetor became a thematic judge, the supreme civil officer in the province, outranking the strategos, which is how most sources portray the praetor in the 11th and 12th centuries. The paper examines the praetor’s service in law and juxtaposes it with his authority as the supreme figure in the province. Simultaneously, in the 11th century, the praetor was part of the capital’s judiciary system, with a possible scope of duties in private law. The last known sources describe the praetor as the court’s official in contacts with the Latins.

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Римские центурионы как агенты императорской власти: делегированные полномочия и судебные функции

Author(s): E. S. Ivanova / Language(s): Russian Issue: 4-5/2023

This article explores the influential role of the Roman centurions in the provincial government of the Roman Empire by analyzing their judicial and administrative powers. The results of modern historiographical research show that the military institution was closely intertwined with the Roman “government without bureaucracy:” the provincial governors’ offices were mainly staffed by military personnel and headed by the first cohort’s centurions. However, their administrative functions, although crucial in governing the provinces, have been insufficiently studied. The judicial power of the centurions has been viewed by scholars in two different ways: either as detrimental to the central government due to possible abuse by military personnel or as exceptional because it was not needed in the Romanized and urbanized areas of the empire. Here, based on the epigraphic evidence and papyrus data, the judicial and administrative duties of the centurions, including those delegated by the Roman imperium’s holders, are considered. Their involvement in the work of the municipal authorities is discussed. The conclusion is made that it was quite common for the centurions to hold extra managerial powers. In many cases, this was deemed legitimate as it did not contradict Roman law and stemmed from the long-established Roman practices.

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Women and Criminal Law in the Furs de València of King James I (1208 – 1276)

Author(s): María del Carmen Lázaro Guillamon / Language(s): English Issue: 1/2024

One of my principal lines of research concerns the way Roman Law was reinterpreted by jurists of the ius commune, together with the study of this process in historical Valencian regional law. This strand coincides with another important line of my research work: the study and analysis of the legal position of women in history. As a link between these two approaches, this study is intended to analyse the texts relating to criminal law in the Furs de València of James I (Jaume I) of Aragon insofar as they concern women and the female context. This exegetical methodology will be used to determine the extent to which the sources of Roman Law and the ius commune were received in the texts of the Furs. Theory will also be developed on the reasons for the presumed lack of direct reception of those sources in this area, despite the fact that the Furs form one of the most Romanised medieval law codes.

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„ИЗКУСТВЕНОТО РОДСТВО“ – ЕВРОПЕЙСКО СОЦИАЛНО ИЗОБРЕТЕНИЕ

Author(s): Jürgen Brand / Language(s): Bulgarian Issue: 1/2024

One of the special conditions that in retrospect proved to be decisive for the formation of Western industrial society is the emergence of the unique occidental urban culture. The guilds as "communes pré-légales" formed the nucleus for this. Without them, the social type of the free and equal citizen, who is loyal to his community, is inconceivable. As "groupements pré-urbains", they brought the forms and spirit of fraternity by oath to the emerging cities. As "initiatrices de l'autonomie urbaine" they secured political and commercial self-government in the city and territory vis-à-vis the authorities. In the view of Max Weber, the uniqueness of the occidental city is correspondingly linked to the associational character that occurred there, and also Otto Hintze pointed out that the European development into a free community was a singular phenomenon that had not occurred in this form anywhere else. Although there were guilds and similar associations of persons in the East, for example in China, the decisive difference to the European groups lay in the fact that the former remained connected to the idea of family, clan and tribal. While the dynastic rule regularly established a vertically structured organization, the "artificial kinship" resulted in a horizontal formation, which was established as a free "union" between the participants by contract and oath was characterized by certain principles. The constitutive feature was the oath that was linked to the treaty and indissolubly bound the "confederates" („Eidgenossen“) to each other. In examining the organizing principles of these "unifications", four areas must be emphasized: 1. The unconditional obligation to assist each other ("against all and everyone"). 2. The professional, social and (or) pastoral support of its members. 3. The primacy of one's own legal system. 4. The order of the Community by law and procedure. The Swiss "Eid-Genossenschaft" of 1291, which, apart from the free imperial cities of the Holy Roman Empire, was the only horizontal association to assert itself at the state level, and still proudly bears this designation today, is a prominent example of the constitutive and at the same time hardened by the oath an association of this form.

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ПРАВОТО ПРЕЗ ПОГЛЕДА НА УЧЕНИЯ, СЪДИЯТА И ПОЛИТИКА

Author(s): Yanaki Stoilov / Language(s): Bulgarian Issue: 1/2024

The article shows that the perception of the law depends on the point of view of the one who works with it. Three perspectives are particularly important: those of the scholar, the judge, and the politician. Each of the professions that has law as its object foregrounds specific requirements, the fulfillment of which determines the quality of the respective activity The topic has already been partially and more generally raised and addressed in two foundational lectures by Max Weber: Politics as a Vocation and Science as a Vocation, but specifically for law and in the chosen triple relation it contains novelty. What is new is the 'three-dimensional' delineation of the roles into which the lawyer can enter as scientist, judge or politician. The views of law and the operation of law dictated by each of these roles require distinctions and parallels to be drawn between them. Such parallels are consistently drawn between the way law is viewed and used by scholar and judge, scholar and politician, and judge and politician. The comparative analysis shows both the commonalities and the differences in the treatment of law by each. Points of congruence are found even where they seem least, between the judge and the politician, and differences are found even between the modus operandi of the legal scholar and the judge, activities that are inherently compatible.

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ОТНОСНО ПОНЯТИЯТА „СЪЩНОСТ“ И „СЪДЪРЖАНИЕ“ НА ПРАВОТО НА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2024

This article is devoted to a controversial interpreted theoretical problem - that of the categories "essence of the right of property" and "content of the right of property." The emergence and accentuation of their distinction in the German legal doctrine is traced, as well as how the issue of their conceptual perception in the Bulgarian civil studies stands. The conclusion is drawn that their distinction is permissible, but only in a strictly contextual aspect, when a parallel is drawn between the abstract thinking of property rights in general and the concrete situation of an individual property right located with a specific owner.

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ОТНОВО ОТНОСНО РАЗПРОСТИРАНЕТО НА ИПОТЕКАТА ВЪРХУ ПРИРАЩЕНИЯ: ОПИТ ВЪРХУ ТЪЛКУВАТЕЛНИТЕ МЕТОДИ В ПРАВОТО

Author(s): Andrey Georgiev / Language(s): Bulgarian Issue: 1/2024

The article examines the development of the jurisprudence of the Bulgarian Supreme Court of Cassation on the issue whether a mortgage (lien) registered on a landplot can extend its effect to buildings built in the same plot after the registration of the mortgage deed. The gradual development of the interpretation of potentially conflicting provisions - art. 170 and 175 of the 1950 Obligations and Contracts Act - has been traced to clarify why the final conclusion that the mortgage lien extends to all buildings constructed in the landplot, for which the mortgage is registered, after the latter's registration. The author presents the thesis that this approach is an evolutionary development of the rules of use of interpretive methods in Bulgarian law, introducing the interpretation in accordance with basic legal principles as the main and preferred interpretive method. A breif comparison with developments in Roman law is also provided.

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Univerzální základy evropského práva

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 94/2024

This paper recalls the three pillars of European culture: Judeo-Christian, ancient Greek and especially Roman law. First of all, the text highlights the Judaic basis of Christianity, with the emphasis on the role of divine law. It then sets out the basis principles of Roman law, expressing the need for fairness and for values to anchor the application of the law. In the course of history, there have been two receptions of ancient Roman law. First, this process developed in the Middle Ages, as is also demonstrated here in the quotations from the canon law collection “Liber sextus”. Also, from the early nineteenth century Roman law inspired the creation of civil codes, beginning with the Napoleonic Code. The modern understanding of human rights and freedoms was formed primarily as a result of the development of the right to religious freedom. Today’s state should not overextend its powers and should provide citizens with a wide scope of freedom. This is also helped by the separation of powers that applies in European democracies today.

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USVOJENJE DJECE U ŠERIJATSKOM I UPOREDNOM PRAVU

Author(s): Halil Mehanović / Language(s): Bosnian Issue: 5/2019

Autor u radu tematizira pitanje usvajanja djece u šerijatskom pravu. Poseban akcent stavljen je na pitanje usvajanja djece kod Arapa, koje je bilo prisutno i u predislamkom periodu. U radu je predstavljena institucija usvajanja djece u zakonodavstvima starog Egipta, Sparte, Atine i Rima, te usvajanje u savremenom pravu, kojim se zasniva roditeljski odnos. U historiji su bila prisutna dva modela usvajanja: patrijarhalni i demokratski. Islam je dokinuo praksu usvojenja djece, a sva pitanja koja se odnose na djecu bez roditeljskog staranja treba rješavati putem institucije starateljstva. U radu su predstavljeni usvojenje i njegove vrste u pozitivnom pravu i zakonodavstvu Bosne i Hercegovine.

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Res divini juris as res extra commercium: a Comparative Analysis of Doctrine and Case Law

Author(s): Anatoliy A. Lytvynenko / Language(s): English Issue: 3/2024

The Roman law doctrine res extra commercium has excluded certain objects from civil-legal transactions, some of which were related to divine service or otherwise religious purposes. The Roman law doctrine designated them as res divini juris, which referred to all the objects dedicated to the Gods. The theory of res divini juris developed predominantly in civil law jurisdictions based upon the basis of the old Roman law doctrine, and could be found in legal literature, textbooks, legislation and, case law. Since the times of the Ancient Rome, the attitude to the legal status of res divini juris gradually alterated, as well as the scope of its encompassment. Despite being formally excluded from any civil-legal transactions, such objects ceased to be completely excluded from legal relationships and disputes, and are afforded with proper legal protection. Throughout the ages, courts in different states have applied and discussed the doctrine of res divini juris in various legal disputes. Complicated legal disputes concerning res divini juris also arise a question, of whether res divini juris are always res extra commercium, and if not, what are the exceptions from the rule, if any? Finally, could it be estimated, what chattels may belong to res divini juris? Do the valuable archeological findings belong to res divini juris? The article discusses the existing law doctrine of res divini juris and the applicable case law in a form of a comparative analysis in order to establish the legal status of res divini juris.

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Usury, law and emotions in William Shakespeare’s The Merchant of Venice and Krystyn Ostrowski’s adaptation Lichwiarz (1861)

Author(s): Katarzyna Jaworska-Biskup / Language(s): English Issue: 51 (5)/2024

The paper discusses the representation of usury in William Shakespeare’s The Merchant of Venice and the Polish adaptation Lichwiarz by Krystyn Ostrowski. This research aims to show how Shakespeare presented usury in his play and how Ostrowski modified it in 1861. As it is demonstrated, usury is a legal term that has always generated many feelings and provoked debates. This is reflected in the literature, Shakespeare’s play being the most illustrative example. Krystyn Ostrowski developed the theme of usury and emotions in his adaptation, introducing many additions and alterations all to criticise the Jewish community vehemently.

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