POJAM I OBILJEŽJA NASLJEĐIVANJA U RIMSKOM PRAVU

Author(s): Ajdin Huseinspahić,Esad Oruč / Language(s): Bosnian Issue: 3/2020

Bosnia and Herzegovina belongs to the circle of countries of the Romano-Germanic legal system, and whose roots go back to the time of the ancient Roman leges regiae. In this paper, we present the concept of the development of inheritance law from the original institutes, which over time became very inefficient. Thus, the original agnatic kinship, which was the main reason for inheriting and constituting legal inheritance orders, was upgraded with cognate kinship even in the period of the development of part-time law. At the same time, both types of kinship existed in parallel, so that the final cognate kinship in the last phase of the development of law would be the only type of kinship that was relevant in inheritance-legal relations. Over time, Roman citizens put pressure on the authorities to enact regulations that would replace inefficient institutions of inheritance law with more efficient and socially acceptable ones. How the authorities in ancient Rome dealt with the legal illogicalities and inefficient institutes by replacing them with more efficient ones is shown in the paper before you.

ANALYSIS OF THE CONNECTIONS BETWEEN LAW AND MORALS, BETWEEN CUSTOMS AND CONTEMPORANEITY

Author(s): Marţian Iovan / Language(s): English Issue: 39/2020

This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.

ACTUALITATEA PENTALOGULUI UNIVERSITAR AL LUI VASILE BOGREA

Author(s): Paul Popovici / Language(s): Romanian Issue: 2/2020

Professor Vasile Bogrea was the most prominent star in a constellation of academics in the first years after the First World War. Impressive polyglot – being, according to Hasdeu, ‛the most skilful in comparative linguistics of all Romanian linguists’ –, he possessed an amazing encyclopaedic knowledge and a memory comparable with Nicolae Iorga’s. Nearly a century after his untimely death, Bogrea’s work, including the ethical one, despite its limited extent, withstands the test of time, testifying for a brilliant mind that had once simply charmed its contemporaries. Among Vasile Bogrea’s notes, a university pentalogue was posthumously published, a true moral code in a nutshell, which synthesizes in sparkling formulations some perennial principles.This article analyses the provisions of the pentalogue, showing that their essence is to be found in the provisions of the Code of Ethics of Babeș-Bolyai University, the current name of the higher education institution whose brilliant professor was, between 1919 and 1926, Vasile Bogrea.The re-discovery of the pentalogue at the institutional level as a preamble of the Code of Ethics would imply the shouldering of a moral tradition of the best bill by one of the largest and most prestigious higher education institutions in Romania.

UN SIGLO EN LA HISTORIA DEL DERECHO DE HUELGA EN ESPAÑA

Author(s): Maria Soledad Campos Diez / Language(s): Spanish Issue: 4 (49)/2020

In the following work aims to carry out a historical-legal analysis of the rightto strike Espain, through the stages of consolidation that coincide with the contemporanyage. The late arrival to Spain of the Industrial Revolution was accompanied by the labourmovements, which were happening in Europe; as consequence, the fear of being replacedby machines was instilled in the proletariat, resulting in a loss of jobs. In addition to this, thepoor working conditions as well as the low wages caused violent protests and seriousaltercations against people and property. Regulation of the right to strike was necessary totry to regulate aforementioned movements and avoid worker’s conflicts. The genesis rulesand the first steps in the Organization of this social right will be the object and developmentof this work.

INDIVIDUAL WORK CONTRACT IN ROMANIAN LAW 1950 LABOUR CODE REGULATIONS

Author(s): Dan Ţop / Language(s): English Issue: 4 (49)/2020

The first Labour Code in Romania indicated about the employment contractthat it is the written or verbal agreement according to which a party - the employee - isobliged to perform the work, to another party - the one who employs it - in return for aremuneration. The written form of the contract was a condition ad probationem. The contractcould be modified by posting or transfer. Also, the causes of termination of the contract wereexpressly regulated.

MATERIAL LIABILITY IN THE ROMANIAN LABOUR CODE. EVOLUTION OF THE REGULATION

Author(s): Andrei-Radu Dincă / Language(s): English Issue: 4 (49)/2020

Legal liability is a natural consequence of concluding the individualemployment contract, a legal act that confers rights and obligations on both parties of thelegal employment relationship. Among the types of liability, an important role is played bythe patrimonial liability, which is sometimes interdependent with the other forms of liability,meaning disciplinary, criminal or contraventional. In this study, the author aims to analyzethe evolution of the Romanian regulation in terms of material and patrimonial liability, as aform of specific reparative liability of labour law, in the light of the Labour Codes adoptedsince 1950.

Alcune osservazioni sulle leges sumptuariae nel quadro delle campagne elettorali di età repubblicana

Author(s): Lyuba Radulova / Language(s): Italian Issue: 2/2020

The paper focuses on the Roman sumptuary legislation during the republican period, moving away from the traditional point of view which relates the leges sumptuariae to the crisis of the mores and the general decline of traditional values after the Punic wars. Instead, the key to understanding the sumptuary laws applied here is the euergetic activity, mainly in its practical aspects. The first part of the paper draws a clear distinction between the provisions limiting “personal luxury” and “euergetic luxury”. The second part juxtaposes the sumptuary laws and the leges de ambitu, observing the mechanisms of direct electoral bribery and indirect political influence in the end of the Republic.

La nozione di ager privatus nella libera res publica e nella costruzione giuridico-istituzionale del circolo scipionico

Author(s): Osvaldo Sacchi / Language(s): Italian Issue: 2/2020

This article concerns at first the notion of ager privatus qualified as possession (a subtraction from a whole: the ager publicus populi Romani) and not as property as the dominium ex iure Quiritium. The influence of the stoic philosophical thought of the media stoa played a fundamental role in the process of transforming the possession of the ager publicus into a quiritary dominium. Infact, the activity of the participants in the scipionic circle was perhaps a further step in the complex reconstruction of the long and arduous process that sanctioned the transition in Roman law from the possessio of ager publicus to the dominium ex iure Quiritium.

Soudnictví v provincii Dalmatia. Obecný přehled a vybrané otázky rozhodování hraničních sporů

Author(s): David Termer / Language(s): Czech Issue: 2/2020

The paper covers the administration of judiciary in the Roman province Dalmatia. The article focuses on the topic of the administrational division of the province into three conventus, jurisdiction of the provincial administrator and other officials, including municipal officials. An analysis of the preserved inscriptions depicting the decisions on the boundaries between municipalities follows. Most inscriptions capture disputes resolved under the cognitio extraordinaria, including disputes from the early Principate period.

Nesuďte, abyste nebyli souzeni (Právo trestat v románu Vzkříšení a v dalších textech křesťanského anarchisty Lva Tolstého)

Author(s): Jan Kosek / Language(s): Czech Issue: 2/2020

The article focuses primarily on the writer’s views and attitudes about judgment and punishment. The philosopher Tolstoy, profoundly influenced by Rousseau since his youth, rejects industrial capitalism and its achievements, criticizes the profligate life of the upper class in cities, over-competition, the rule of money, and so on. His ideas influenced many, even Gandhi or Einstein. Late Tolstoy, in his philosophical and religious writings and through public appearances, sharply criticizes the situation in Russia, which will bring him the attention of police and censorship and excommunication from the Orthodox Church. In the autobiographical novel The Resurrection, he recounts the story of Prince Nechljudov, who, as a jury member, finds himself face to face with a prostitute Maslova, who got into the oblique area (also) by his doing. The girl is unjustly and unlawfully condemned, and Nechljudov accompanies her to Siberia. The axis of the novel is the hero’s moral revival, which includes a deepening belief that one has no right to judge and punish another person. The Christian anarchist and the announcer of non-violence Tolstoy also denies this right to a state which he sees as organized violence; in his view, the best guide on the path to good life is the Gospel. If you want to change the world, appeals the “prophet of Jasna Polyana”, you need to start with yourself. In 1908 in response to the steeply growing number of executions resulting from the suppression of the 1905 revolution, he wrote a treatise I Cannot Be Silent and became one of the most prominent figures of European abolitionism.

Osobní nebo státní svědomí?! Melvillovo pozdní dílo Billy Budd aneb proces proti „švarnému námořníkovi“

Author(s): Radim Seltenreich / Language(s): Czech Issue: 2/2020

In this article the author deals with the Herman Melville’s fiction “Billy Budd” from the perspective of the current “law and literature”. So firstly he contextualizes this book in writer’s work whereas he also claims that it is a story that Melville wrote at the very end of his life. Further he makes us familiar with the legal problematics of the mutiny in the English law because exactly this plays a key role in the fiction. He pays his attention as well to the concrete naval mutinies in Spithead and Nore which passed exactly in the year 1797 in which Melville set his fiction. As his inspiratory source he mentiones as well the mutiny in American Navy on the USS Somers in the year 1842. In the further part of his study the author makes us firstly familiar with the plot of the fiction whereas he pays mainly his attention to the legal aspects of the process against the sailor Billy Budd which ends with the adjudgment death penalty. Finally he claims that the death of Billy Budd was not in accordance with the idea of the correct legal process and rather it was the sacrifice of Billy Budd in the interest of the preservation of the existing social order in the time of the war.

Pracovní právo ve světle kodifikace se zřetelem k jeho zásadám

Author(s): Tereza Blažková / Language(s): Czech Issue: 2/2020

Act No. 65/1965 Coll., The Labor Code, was an important milestone in the development of labor law legislation, as it is the first comprehensive codification of labor law. The Code combined effectively labor legislation in the whole Czechoslovakia and replaced the previous fragmented and obsolete legislation. The final form of the Code and as well the modification of labor relations has been considered for a long time because of the importance of such relations on the existential background of workers, but also on the economic situation of the country. Nevertheless, the relations that the Code newly regulated were based on the previous legislation, since they were concluded under the validity and force of this legislation. One of the aims of this work is therefore examine a false retroactivity. Another aim is also to define how these examined changes in the Labor Code are related to the “socialist” constitution of 1960.

Korematsu. Too Early for the Court of History

Author(s): Waldemar Hoff / Language(s): English Issue: 4/2019

In 1942 the American military authorities interned over 120 thousand persons ofJapanese ancestry in fear of sabotage on behalf of Japan. In a landmark 1944 casethe Supreme Court rehabilitated Fred Korematsu but upheld constitutionality ofthe wartime laws leading to the internment. As transpired later, there was noevidence of the Japanese-Americans’ forming a fifth-column. The court decisionwas criticized as unconstitutional and driven by racism. In view of the dissentingjudges and commentators it was condemned by the court of history. This articleclaims that the original decision was justified by the circumstances of the war,including the uncertainties it brought with it. Unless we equip the governmentwith the power of clairvoyance, it has to be able to act, and even err, in emergency.The debate around Korematsu ignored the previous experience of both World Warsin which German fifth columns were active and effective. One such eyewitnessaccount, not known in Western literature, is presented in the article. Modern historyconfirms that the fifth column as such is a timeless phenomenon. The fear ofhybrid wars techniques, justified or not, has led to the reemergence of the fifthcolumn legislation in XXI century, although the range legal instruments intendedto contain it is different. It is too early for judges and scholars to speak authoritativelyon behalf of the court of history, for history is still in the making.

Зарождение и развитие института юридической помощи в Молдавском Княжестве

Author(s): Vadim Suhov / Language(s): Russian Issue: 1-2/2020

Without knowing how a social institution came into existence, what direction it took in its development, it is impossible to understand its essence and define the development perspective. The author is a researcher of the state–guaranteed legal aid system in the Republic of Moldova. In this article, he investigates the issue of the formation and development of the institution of legal aid in the Moldavian Principality. This principality existed in the XIV–XIX centuries. The territory of the modern Republic of Moldova was part of it.

Klášter Hradiště ve sporu o domašovský les. Příspěvek k dějinám mezního práva ve středověku

Author(s): Jakub Razim / Language(s): Czech Issue: 3/2020

Kupní smlouvy k lenním statkům frýdlantského knížectví (vévodství)

Author(s): Marek Starý / Language(s): Czech Issue: 3/2020

Historické souvislosti vzniku rakouské ústavy 1920

Author(s): Miroslav Šepták / Language(s): Czech Issue: 3/2020

František Xaver Hodač jako spolutvůrce norem pracovního práva mezinárodní povahy v letech 1919–1924

Author(s): Jiří Šouša / Language(s): Czech Issue: 3/2020

Magie v Lex Duodecim tabularum

Author(s): Pavel Záliš / Language(s): Czech Issue: 3/2020

Vývoj pojmu osoba v právu a jeho reflexe v ABGB a v občanském zákoníku z roku 2012

Author(s): Jakub Stromšík / Language(s): Czech Issue: 3/2020