Download

"CUSTODIA", "RECEPTUM" И ДОГОВОРНАТА ОТГОВОРНОСТ. ЕДНО ПРЕПРОЧИТАНЕ НА ДОГМИТЕ НА ГРАЖДАНСКОТО ПРАВО В СВЕТЛИНАТА НА КАЗУИСТИЧНИЯ РИМСКИ МЕТОД

Author(s): Carlo Peloso / Language(s): Bulgarian / Issue: 1/2016

The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

More...

Download

,,Sąd nad św. Franciszkiem z Asyżu” Giotta – próba prawniczej egzegezy

Author(s): Karol Adamczewski / Language(s): Polish / Issue: 4/2017

The fresco painted by Giotto Bondone showing the Renunciation of Worldly Goods by St. Francis undoubtedly arouses aesthetic and spiritual feelings. Nevertheless, the scene presented by Giotto also bears some legal characteristics. Thus, it may become a subject of some interesting discussions in the legal sense. First of all, its convention resembles to some extent a dispute before court where the parties and a judge take part in the proceedings. The characters presented, particularly father, son and the bishop, indirectly refer to such important legal institutions as patria potestas and audientia episcopalis. The subject of the dispute is also significant. In the analyzed scene, it relates to the inheritance of property rights and a demand to be obedient to the paternal authority. The relationship between the secular and spiritual power also constitutes a certain problem. Moreover, the issue of divine and human justice is raised. Therefore, the fresco of the Italian master bearing an artistic value might become a subject of a legal reflection and in this way fit the suggested approach: art in the law and law in the art .

More...

Download

150 GODINA OD DONOŠENJA KRIVIČNOG ZAKONIKA KNEŽEVINE SRBIJE

Author(s): Igor Vukovic / Language(s): Serbian / Issue: 2/2010

U ovoj, 2010. godini, obeležavamo 150 godina od donošenja prvog srpskog krivičnog zakonika – Krivičnog zakonika Kneževine Srbije od 1860. godine. Криминалный (казнителный) законикъ за Княжество Србію predstavlja jedan od prvih modernih evropskih krivičnih zakonika. Rad na njegovom donošenju otpočeo je 1855. godine, podstaknut idejom kneza Aleksandra Karađorđevića da je Srbiji potreban jedan „podpun Zakon kriminalni“, pošto ovaj „najsnažnije garancije podaje za obezbeđenje ne samo ličnosti, česti i slobode, pa i života pojedini građana, no i samoga reda i spokojstva zemaljskog“.

More...

2.00 €

Preview

1648 or 1948? No Room for Westphalia in the Middle-East

Author(s): Gal Amir / Language(s): German / Issue: 1/2018

The article reviews the ‘religious communities' arrangement’ in Israeli family law, an arrangement that divides the citizens of Israel into religious communities, regulating their affairs of ‘personal status’ in separate religious courts, adjudicating in accordance with religious law. The article demonstrates that the Arrangement defies the concept of state sovereignty, as it is not based on ‘Westphalian’ concepts of space and territory, but on a different concept, originated in Israel's history, and Islamic pre-modern concepts such as ‘umma’ and ‘millet’ – The ecclesiastical community of believers defying perceptions of political boundaries, and other communities of non-believers, subjected to it. The article concludes with a possible justification for this challenge of the state's sovereignty, rooted in ideas of legal pluralism.

More...

Download

19. Yüzyılın Son Çeyreğinde Osmanlı Mahkemelerinde Vasi Tayini

Author(s): Seda Saraç Özturan / Language(s): Turkish / Issue: 1/2018

The article we will examine is case law / legal representatives in a record book in court records formed in the frame of Ottoman legal structure. From these cases; It examines the reasons for the issue of vassal status, the conditions that are effective in the emergence of such a situation, what it means, the obligations and boundaries of the legal entity as the legal representative, and the rights and responsibilities of the persons appointed as legal representatives. In addition, the forms of reflection of changes in Ottoman law structure to court records and changes and developments in Ottoman society structure are emphasized.

More...

Download

242 Numaralı Manisa Şer’iyye Sicili Defterinin Değerlendirmesi

Author(s): Ömer Karatas,Mustafa Akbel / Language(s): Turkish / Issue: 06/2015

Court registers are the notebooks in which Moslem judges recorded the orders they gave at the courts, the documents that came from the center and the important incidents they were responsible for. Court registers include the orders, nomination certificates, imperial orders, the registers of the important incidents that happened in the county, towns and villages where essays were traversed as scripts, verdicts by the court register judges and regents at the courts. The subjects in the court registers include all kinds of incidents, regulations, historical facts that can happen in a county administration. It is possible to reveal out the economical, social, cultural and legal conditions, the in formation related to military service of that period, the social incidents before and after the war. This study we found there views on Manisa Sharia record number of 242 entries.

More...

Download

735 lat zwalczania i... Rzecz o korupcji w Rosji

Author(s): Katarzyna Laskowska / Language(s): Polish / Issue: 2/2009

The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.

More...

3.00 €

Preview

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.

More...

Download

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

More...

2.50 €

Preview

A csehszlovákiai és szlovákiai kisebbségek személynévhasználatának szabályozása 1918-tól napjainkig, különös tekintettel a magyar kisebbségre

Author(s): Katalin Misad / Language(s): Hungarian / Issue: 2/2018

This study reviews the rights of national minorities in Czechoslovakia and Slovakia regarding the use of personal names from 1918 to the present. Tracing along the background factors of historical turning points and political eras of the examined period, the paper is also seeking to give a true and fair view on the relation of the powers that be to the national minorities, and their language policy relating thereto.

More...

Download

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).

More...

Download

A Historical Study of Contemporary Human Rights: Deviation or Extinction?

Author(s): Tanel Kerikmäe,Ondrej Hamulák,Archil Chochia / Language(s): English / Issue: 2/2016

Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.

More...

Download

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.

More...

Download

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.

More...

7.00 €

Preview

A Római Birodalom igazságosságának elmélete Polybiosnál

Author(s): Gergely Mohay / Language(s): Hungarian / Issue: 1/2010

In the second century B.C. a theory was developed to justify the legitimacy of the Roman Empire before the conquered people. The essence of this conception is the following: the rule of a state over another is righteous if their relationship also serves the interest of the subject country, and this is possible if the ruling state is superior, and makes the subjugated better, governs it more adequate than if it ruled itself. In the first part of the study I argue for ascribing this theory to the Rhodian Panaetius, the path-breaker exponent of the middle period of Stoic philosophy. Thereafter I show that Polybius who wrote about Rome’s becoming the most powerful empire of the world, and who knew Panaetius, and often discussed political questions with him, saw the relationship of Rome and the subject countries according to the conception of Panaetius.

More...

Download

A short note on the origins of the International Civil Aviation Organization on its 65th anniversary

Author(s): Izabela Krasnicka / Language(s): English / Issue: 1/2012

In December 1944 the International Civil Aviation Conference took place in Chicago, USA. Representatives of 50 states met to discuss new approaches toward the challenges of civil aviation in the post-war era. This article aims to present a historical note of the event, different interests and attitudes of the participants involved in the discussion, as well as the outcomes of the conference including the establishment of the International Civil Aviation Organization.

More...

Download

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.

More...

Download

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.

More...

Download

Abrogation of legal effects of usurpations in the late Roman Empire

Author(s): Jedrzej M. Kondek / Language(s): English / Issue: 1/2012

Usurpations were not unusual situations in Ancient Rome. However, the term “tyrranus” was understood differently from its modern meaning. This word technically means “someone who came to power unlawfully”, but in fact a person defeated by a new ruler was called an usurper, regardless of a way he had come to power. In such a way, e.g. Licinius was declared “tyrranus” although he had come to power as a legal augustus. Constitutions against usurpers in the The odosian Code do not constitute a homogenous group. We could divide them into acts regarding an usurper’s legislation, acts regarding civil law actions (e.g. slave emancipations), acts regarding public law actions (e.g. nominations of magistrates) and acts regarding the emperor’s sentences. It is meaningful that there is no usurper against whom all the above-mentioned types of constitutions were promulgated. Civil law acts and sentences were generally upheld. In most cases, legislation was abolished only to the extent in which it was contraius. Only Constantinus against Licinius (CTh. XV, 14, 1) and Honorius and Theodosius II against Heraclianus (CTh. XV, 14, 13) decided to abrogate the entire the legal output of the usurpation. Valenitianus II, Theodosius II and Honorius were the only emperors (except CTh XV, 14, 13) who abrogated all sentences of the usurpers. In almost all cases, nominations made by the usurper were annulled. However, while all usurpations (except Licinius’s usurpation) had taken place only in its Western Part, it should be noticed that all the analyzed constitutions were promulgated by all simultaneous rulers of the Empire even after 395 AD. The question is why Theodosian compilers decided to include the analyzed constitutions into the Code. In my opinion, the most probable answer is that the Chapter De infirmandis... should have served for the legitimation of the rules of the current Emperor, as until the end of the Empire there were no rules of succession of power. In all analyzed constitutions, the legal emperor referred to an output of the illegal ruler. Theodosius, evoking those constitutions and demonstrating his continuity with their authors, presented himself as the legal ruler and put all his opponents in the position of usurpers.

More...

Download

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.

More...