A Brief History of the Hungarian Legal History Science with a Special Attention to the Publication Possibilities

Author(s): Norbert Varga / Language(s): English / Issue: 4/2014

The article includes a comprehensive and accurate picture of the development and hardships of the Science of Legal History from the second half of the 20th century. It is impossible to give a systematic representation of the science of legal history in Hungary; the author’s aim is use snapshots of different problems in order to give a feeling for the changes legal history went through due to the political events of the 20th century. To sum up, it can be said that publication opportunities were affected by both subjective and objective factors in Hungary. It is a happy fact that the number of researchers in the field of legal history constantly increased. The structure of university education and the changesin international relations also affected the transformation of possibilities for publication. After the era of Socialism, the publication of research results in the field of Hungarian law, more specifically, the field of legal history, changed significantly. One must not forget that with the broadening of international relations, further options became available for foreign colleagues to become familiar with the works of Hungarian legal historians.

A Brief Review of Scientific Events in Legal History in Ukraine in 2013

Author(s): Roman Shandra / Language(s): English / Issue: 4/2014

During 2013 in Ukraine a large quantity of scientific works dedicated to the historyof law and the state was published. Ukrainian scholars were investigating issues in both national and foreign law

A fejedelemség kori törvénykezési szakaszokról (1556–1600)

Author(s): Zsolt Bogdándi / Language(s): Hungarian / Issue: 1/2015

It’s a well-known fact that the court of the Royal Table became the principal royal conciliar court at the second half of the 15th century. The discussions usually took place during the judicial terms (generally four each year), the so-called octaves. The Royal Table of the elected king II. János Szapolyai has been mainly patterned after the medieval Table of the kings. The emerging new state’s characteristics, in particular the fact that it was composed of two slightly different regions (the so-called Partium and Transylvania with three privileged communities, Hungarian noblemen, Saxons and Szeklers) was reflected in the organization and the functioning of the Table. Different court sessions were held for the noblemen from Partium, for the Szeklers and for the noblemen of Transylvania. These octave courts (generally two for each privileged community) at the beginning of the studied period have started on the day of major feasts (Epiphany, St George, Lucae ev., Reminiscere) and from 1571 on the eighth day of these feasts, and they lasted around thirty days. The court sessions took place mostly in Gyulafehérvár (Alba Iulia), Kolozsvár (Cluj) and Székelyvásárhely (Târgu Mureș).

A kolozsvári egyetem szerepe a magyar jogbölcseleti gondolkodás megújításában

Author(s): József Szabadfalvi / Language(s): Hungarian / Issue: 2/2016

The purpose of this study is to review the role of the University of Kolozsvár in renewal of Hungarian legal philosophical thinking. So that will be presented the activity of Viktor Jenei, Rudolf Werner, Bódog Somló, Gyula Moór, Barna Horváth, István Bibó, József Szabó in Kolozsvár.

A Lex Baiuvariorum Prologusának elbeszélése és a törvény keletkezési folyamata

Author(s): Tamás Nótári / Language(s): Hungarian / Issue: 2/2012

Lex Baiuvariorum is Bavaria’s most important and earliest source in terms of legal history, created between 737 and 743. This paper deals with the history of the creation of Lex Baiuvariorum. More specifically, dwelling on the issues of dating of Lex Baiuvariorum, possible connections between the content of the narrative in the Prologus and the process of making the code of laws. The appendix contains the Hungarian translation of the prologue of the lex.

A társaságok és a társasági jog előzményei a római jogban

Author(s): György Schadl / Language(s): Hungarian / Issue: 2/2013

The study analyses the antecedents of companies and company law in Roman law. After outlining the economic bases, it surveys types of legal persons, the issues of the terms and foundation thereof. After that, it deals with collegium and societas, dwelling on the evolution of societas, its most important characteristics, types, the internal legal relation between members within the company, external legal relations of societas, termination of the company, the theories concerning societas publicanorum and the legal entity of societas.

Aaron Aleksander Olizarowski profesorem prawa Akademii Wileńskiej

Author(s): Piotr Niczyporuk / Language(s): Polish / Issue: 2/2015

The professors of law at the Faculty of Law of the University of Vilnius were: Simon Dilger, John George Schauer and Aaron Alexander Olizarowski. On the other hand it raises doubts whether, in accordance with the act of foundation, only one chair of civil law (Roman) were established. Undoubtedly, canon law was taught at the two cathedrals. With high probability, Aaron Alexander Olizarowski also taught canon law. However, all indications are that he could take second chair in civil law (Roman) and lectures on this discipline. It is true that Aaron Alexander Olizarowski also promoted a few doctors of canon law, but in this period Vilnius Academy were other specialists who are likely to teach canon law. In addition, he was a layman, which could also be an obstacle to entrust lectures in canon law. In addition, CV, publications and complete education Olizarowski’s indicate that undoubtedly took a second chair in civil law (Roman) and lectured in this discipline. Having a doctorate both laws was adequate preparation to teach this course. Thus, Alexander Olizarowski, educated abroad, was the only lawyer and the right candidate for the role of professor of civil law (Roman) at the University of Vilnius.

ACLU – American Civil Liberties Union

Author(s): Jovan Ciric / Language(s): Serbian / Publication Year: 0

Talking about those cases, Ćirić has tried to bring closer the American legal system in general, especially when the word is about the liberalism as the main characterstic of the whole American law.

Actio Pauliana w polskim prawie cywilnym na tle dorobku XIX-wiecznej nauki prawa

Author(s): Anna Fermus-Bobowiec / Language(s): Polish / Issue: 1/2013

The present paper addresses the issue of Actio Pauliana and its juridical solution in Polish civil law in the 20th century which was based on the achievements of 19th-century legal science. Considerations about the presented institution include Roman law, civil law which was in force during the partitions of Poland (the Napoleon’s Code, of Laws of the Russian Empire – volume 10, German enactment from 1879, and Austrian legislation from 1914) and then obligations code and current civil code. It has enabled to show that contemporary juridical construction of Actio Pauliana in current civil law is only a continuation of 19th- century solutions based on Roman law.

Adalékok a bírósági végrehajtás jogforrásaihoz a dualizmus korában

Author(s): János István Pataki / Language(s): Hungarian / Issue: 2/2013

The study analyses the legal sources of judicial execution in the Age of Dualism (1867-1918). First, it discusses Act LIV of 1868 on the Law of Civil Procedure; then, Act LI of 1871 on the Regulation of the Organisation System; finally, Act LX of 1881 on Regulations of Execution and the amendments thereof.

Adalékok a bírósági végrehajtáshoz a római jogban

Author(s): János István Pataki / Language(s): Hungarian / Issue: 2/2014

The study analyses the antecedents of the history of development of judicial execution law in Roman law. Following the introduction, it presents execution in terms of its historical periods; highlighting the development of civil law and praetor’s law, and legislation by emperors, more specifically by Iustinian, in the relevant epochs.

Adalékok a Responsa Nicolai papae I. ad consulta Bulgarorum keletkezéstörténetéhez

Author(s): Tamás Nótári / Language(s): Hungarian / Issue: 2/2015

An outline of the conflict between Pope Nicholas I and Patriarch Photios evolved on Bulgaria’s ecclesiastical affiliation will help to understand how the papacy’s attention turned towards the Slavonic mission. The Bulgarians assumed Christianity in the second half of the 9th century, during the reign of khan Boris I. The progress of the missionary work carried out among them faithfully reflects the current conflict between Rome and Byzantium. This paper first describes the historical background of the Bulgarian conversion to Christianity (I.), then it focuses on the historical and legal aspects of two most letters written by Photios (II.) and by Pope Nicholas (III.) to the Bulgarian ruler, and finally it outlines the legal process, how an independent archbishopric has been established in Bulgaria (IV.).

Adam Lityński Prawo Rosji i ZSRR 1917–1991, czyli historia wszechzwiązkowego komunistycznego prawa (bolszewików). Krótki kurs Pierwsze wydanie: C.H. Beck, Warszawa 2010, ss. 396 + XXVI Drugie wydanie C.H. Beck, Warszawa 2012, ss. 402 + XXVI

Author(s): Andrzej Wrzyszcz / Language(s): Polish / Issue: 2/2013

A Book Review

Adama Żydowskiego uwagi o właściwości sądów duchownych i świeckich w sprawach o czary

Author(s): Marian Mikolajczyk / Language(s): Polish / Issue: 2/2015

Witchcraft cases in Poland (before partitions) have been examined by historians since olden times. Among the issues discussed in this matter there was the Act of the Polish Sejm of 1543, according to which witchcraft cases should be in the competence of ecclesiastical courts. Researchers have been interpreting the meaning of this Act in a very different way. According to one group, the Act excluded the competence of lay courts in witchcraft cases totally. Another group claimed that the lay court could examine a case if there was evidence of damage caused by a witch. In practice these cases were examined by the lay courts (especially town courts). It has been pointed out recently that the 1543 Act was only supposed to remain in force for one year, so there was no legal ground to undermine the competence of lay courts in witchcraft cases. It seems that one cannot agree with such a simple solution. Research on practice of the old courts and the works of the 17th century lawyer Adam Żydowski, presents a viewpoint contrary to this. Żydowski, among other issues, discusses the competence of lay and ecclesiastical courts in witchcraft cases and illustrates their respective abilities. The author himself – according to his concept of research – does not present clear opinion. Notwithstanding, his work reveals that the 1543 Act was included in 17th century treatises as still being in power. Probably the clause which limited the act to only one year had been forgotten.

Aemulatio. Über die historische Rechtsvergleichung und das Rechtsmissbrauch

Author(s): Eltjo Schrage / Language(s): German / Issue: 101/2016

The article contains historical and comparative analysis of the legal issues of four cases derived from the English, French Italian and German law. In reference to each of it an author is answering the question whether it deals with the breach of law or its abuse. The first case concerns an owner of the real property who by means of receiving an access to the flagstones beneath the surface of the ground is forced to create a system of drainage. This action makes a threat for the supplies of water for the whole town. The question arises: it is possible to demand in such situation to render the judicial prohibition of the drainage. The French case concerns on the other hand an owner of the real property who fenced his plot with the sixteen meters pales with the iron spikes on their tops. The question reads: does the neighbor who was flying with his balloon and teared its top may demand the damages and the removal of the fence. An Italian case handles then with the neighboring owners of the wall with the window. The question concerns the right of the one of them to build more than three meters wall which would totally block out the light. Whereas the German example concerns the suspicious creditor who distrained the debtor’s accounts in all twenty banks that operated in the town in order to absolutely indispose him to use any financial resources. It is required to ask a question whether such action is eligible according to the law at all.

ALUZIVNO ZNAČENJE ZAKONODAVNOG TEKSTA (IŠĀRETU-N-NAṢṢ) U HANEFIJSKOJ PRAVNOJ ŠKOLI

Author(s): Šukrija Ramic / Language(s): Bosnian / Issue: 14/2016

This paper examines the Hanafi scholars’ approach to the alluded meaning (isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part of the paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the concept of allusion in the Hanafi School from the linguistic and terminological point of view. Providing the examples of alluded meaning we show the way in which the Hanafis used alluded meanings in their argumentation. We also elaborate on the status of isharat al-nass in the Hanafi Madhab, and the way of giving preference in case of contradiction between isharat al-nass and ibarat al-nass. At the end of the paper we provide the conclusions derived from the study.

An Attempt at an Evaluation of Editorial Work in Translated Sources of Roman Law

Author(s): Wieslaw Mossakowski / Language(s): English / Issue: 1/2014

An Edict forgotten by contemporary people – the one that once moved the world

Author(s): Krzysztof Mikolajczuk / Language(s): English / Issue: 1/2015

This article in its content describes important moments in the Church history,its intention is to remind us how brutal and difficult was the road to religiousfreedom of Christ followers. This freedom given many centuries ago does no findits deserving place and respect. It frequently happens so with the consent of thosewho wield power.

Angielska doktryna promissory estoppel a polska klauzula nadużycia prawa

Author(s): Jan Halberda / Language(s): Polish / Issue: 2/2014

The article discusses the problem of evolution and the premises used in applying the English concept known as promissory estoppel. The birth of this legal concept has been discussed on the example of the most important court cases, the so called leading cases, such as, among others, that of High Trees (1947) and Combe v. Combe (1951), in which it was lord Denning who adjudicated. In the article, the author also analyzes the general principles of invoking promissory estoppel. He indicates that in the course of a court trial it is necessary to prove the existence of a promise, on the basis of which the person who was promised something, while acting in accordance with the common sense, decided to withdraw and by undertaking certain definite steps ultimately suffered a loss, whereas withdrawal on the part of the person making a promise would be unjustified. The author of the paper made an effort to try to answer the question whether the abuse of right clause mentioned in Art. 5 of the Civil Code may be regarded as the Polish equivalent of promissory estoppel.

Annual Report on Slovak Legal History 2013

Author(s): Zuzana Illýová / Language(s): English / Issue: 4/2014

The purpose of this work is to elaborate the significant events that enriched Slovak legal history during the year 2013. The report focuses mainly on the inaugurations of professors, on the habilitations of associate professors, and on PhD. students who successfully defended their doctoral theses. It also provides information about the conferences organized in Slovakia during the past year. Finally, the report reflects important publications that contributed to the scholarship of Slovak legal history during the last year.