Composizione, lectio e competenze del senatus alto-repubblicano

Author(s): Leonid Kofanov / Language(s): Italian Issue: 2/2020

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The paper presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the mem¬bers, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the paper is focused on the judiciary function of the senate and the relationship between the iudicium senatus and the iudici¬um populi, based mainly on the testimonies written by ancient authors as Livy, Valerius Maximus or Dionysios of Halicarnassus.

ANDREI RĂDULESCU (1880–1959) – Fondator al școlii științifice de cercetare a vechiului drept românesc –

Author(s): Ion Ifrim / Language(s): Romanian Issue: 4/2020

Masă rotundă – on-line – Un secol de cooperare intelectuală. Repere istorice și diplomatice, București,30 septembrie 2021

Author(s): Gabriel Manu / Language(s): Romanian Issue: 3/2021

UN INSTITUT, O REVISTĂ, UN PROGRAM

Author(s): Mircea Dutu / Language(s): Romanian Issue: 4/2021

Interview with Dr. Dr. h.c. Heinz Mohnhaupt, the member of International Advisory Board of Cracow Studies of Constitutional and Legal History

Author(s): Heinz Mohnhaupt,Maciej Mikuła / Language(s): English Issue: 3/2021

Podstawowe aspekty wykładni prawa w chińskim porządku prawnym

Author(s): Karol Gregorczuk / Language(s): Polish Issue: 20/2021

Chinese legal culture was shaped in a different way than Western legal culture, these differences have a significant impact on the rule of law, fundamental rights and democracy in contemporary China. Legal interpretation is one of the formal sources of law in China. The authority to interpret legislation is usually characterized as a legislative rather than a judicial function. The Standing Committee of the National People’s Congress (NPC), the State Council and the Supreme People’s Court have a special role in interpretive activities. Chinese legal interpretation includes semantic rules, the cultural and linguistic context of law, basic constitutional principles, the hierarchy of sources of law and reasoning by analogy.

A HISTORICAL – LEGAL REVIEW OF HAMMURABI’S CODE

Author(s): Danijela Kovačević / Language(s): English Issue: 1/2022

Hammurabi’s code shows the social relations of that time, although most of these relations were regulated by the Law of Contract. The Code covers a variety of legal matters: it regulates very complex property, family, obligatory and criminal-legal relations including the judiciary provisions. The Code expresses the class character of the society, because it primarily protects the interests of the ruling class and punishes the members of the ruling and subordinate classes differently for the same crimes. The Code was carved in a stone pillar and it was found by M. Morgan in 1901. This masterpiece of a human’s thought, almost four millennia old, was engraved in the stone of Babylon (Hammurabi) for the temple of Sippar (now the ruins of Abu Dhabi near Baghdad). An undamaged inscription of the Code is kept in the British Museum.

Dědici, dědiníci, svobodníci – právněhistorický pohled

Author(s): Eduard Krajník / Language(s): Czech Issue: 1/2022

The paper focuses on the historical development of the free (as opposed to subject) farmers in Bohemia from the High Middle Ages to the Early Modern Period. As the terminology was changing from inheritor (heres, dědic) to freeholder (dědiník) to yeoman (svobodník), their legal status was varying as well. While the number and significance of inheritors declined to the complete end in the mid-14th century, freeholders rose to full recognition as a class a hundred years later. Comparing the primary medieval legal sources, we conclude that freeholders descend largely from impoverished squires, though some may have their origin also among royal servants or villagers disenthralled from serfdom. By the early 17th century, their Czech name “dědiníci” (freeholders) was replaced with “svobodníci” (yeomen).

Pluralismus der Rechtsordnungen als Folge der lutherischen Reformation?

Author(s): Heiner Lück / Language(s): German Issue: 1/2022

This article addresses the question of whether and how the Lutheran Reformation led to a (further) pluralisation of legal systems. Since the beginning of the early modern period, primarily in the course of the 16th century, a wave of legal records and legal codifications can be observed throughout Europe. The connection with the reception of Roman and Canon law is obvious. On a completely different level, an epochal church schism took place from the early 16th century onwards, triggered by Martin Luther’s (1483–1546) fundamental criticism of the Roman Church. The term “pluralism of legal systems” is used here in the sense of diversity as well as the accepted coexistence and togetherness of cultural phenomena in the field of law. The article is divided into three sections: In the first section, an overview of legislation, primarily in the Holy Roman Empire, from about 1517 to the end of the 16th century will be given. Among the many examples will be the famous Czech city law codification of Pavel Koldin, which was newly edited and annotated a few years ago. A second section will deal with those legal norms that are related to the Lutheran Reformation and can be seen as consequences of the Reformation. In a third section, some substantive innovations that have had an impact up to the current legal system will be presented. The conclusion will be a short summary and some further observations.

Die juristische Bildung an der k.u.k. Konsularakademie, mit Fokus auf die staatsrechtlichen Studien

Author(s): Mátyás Szabó / Language(s): German Issue: 1/2022

The institutional predecessors of the recent Diplomatic Academy in Vienna took a significant impact on the civil service of the Habsburg Monarchy. The Oriental Academy was founded by empress Maria Theresia in 1754 to train dragomans for the eastern relations. The Academy stood under Jesuit influence and became a secular institution in the middle of the 19th century. By this time the political and legal studies had been dominated on behalf of human and natural sciences and the Academy had been turning to a special institution for training professionals for the foreign service (central service, diplomatic service, consular service). In 1898 the Oriental Academy was transformed into the Imperial and Royal Consular-Academy by Minister Gołuchowski. This reform affected the educational structure as well and the institution focused on the consular branch. The quota of political and economical courses increased as a reflection to the intensive global trade, but on the other hand Austrian and Hungarian Constitutional Law were also set in the new educational system due to the public legal transformation of the Monarchy in 1867 (Austro-Hungarian Compromise). This study aims to present the brief institutional history of the Oriental and Consular Academy and the way the educational system of the Academy had evolved. At last, it is going to be observed to what extent constitutional legal studies were represented in the courses of the institution and how they interpreted the disputed legal nature of the dualistic Austro-Hungarian Monarchy.

Rozvoj tělovýchovy a sportu v Předlitavsku v právním rámci spolkových zákonů

Author(s): Marek Waic / Language(s): Czech Issue: 1/2022

The study deals with the establishment of the gym associations and sports clubs in the context of the development of associations law. In particular, it focuses on creation of gym associations after the fall of the so-called Bach absolutism. The setting up of these associations was based on imperial decree from 1852. The next upswing of founding of gym organizations and sports clubs in the Cisleithania occurred after the adoption of the December Constitution and was based on the Act on Association Law.

Hungarian System for the Nomination of Parliamentary Candidates between the Two Wars in the European Context

Author(s): Gábor Hollósi / Language(s): English Issue: 1/2022

The institution of the nomination of parliamentary candidates was already well known in most European electoral systems between the two wars. Its purpose can be briefly summarized as meaning that the voters can only cast their votes for a person who has previously been nominated as a parliamentary candidate under the conditions specified by law. Within the European field, the contemporary Hungarian nomination system is characterized by its extraordinary intricacy, and the high number of abuses naturally follows from its complexity. However, in our study we do not deal with these abuses but describe the Hungarian rules and regulations while constantly researching its European aspects. Accordingly, we divided our work into three units.First of all, we classify the continent’s nomination systems in order to show where the place of the Hungarian rules and regulations between the two wars were. Thereafter, we review the development of the Hungarian rules based on the Electoral Decree of 1922, the (First) Electoral Act of 1925, the so-called “Nomination” Amendment Act of 1937 and the (Second) Electoral Act of 1938. Finally, using the Explanatory Memorandums to the mentioned acts and the discussion materials of the National Assembly/Parliament, we look for the European (comparative) examples that emerged during their creation. Our study will also show what the Explanatory Memorandums to the acts (which reflect the pro-government standpoint) or the parliamentary opposition considered worth highlighting from the nomination systems of foreign countries.

Scholarly Potential of the Lviv Interwar Romanist Community

Author(s): Grzegorz Nancka / Language(s): English Issue: 1/2022

This article presents the scholarly activity of two generations of researchers focusing on Roman law, associated professionally with the Lviv university in the interwar period. First, it shows the attainments of Leon Piniński and Marceli Chlamtacz. Then, it focuses on the attainments of a younger generation of Lviv scholars, including Wacław Osuchowski and Edward Gintowt. The presentation of the activities of these scholars made it possible to demonstrate the scholarly potential of the Lviv interwar Romanist community, which was one of the leading centers of research on Roman law in interwar Poland, if not the most important one.

Tvorba ústavy Slovenské republiky z 21. července 1939 a cesta k jejímu přijetí

Author(s): Martin Neumann / Language(s): Czech Issue: 1/2022

This article deals with the process of creation and adoption of the Constitution of the Slovak Republic in 1939. Firstly, the development of Slovak autonomism and separatism with an emphasis on events following the Munich Agreement is briefly outlined. Secondly, the beginning of the existence of the Slovak state after its proclamation in March 1939 is introduced. Finally, the main part of the article researches ideological concepts applied in the described constitution. Moreover, it concerns itself with the working process of Constitution Commission of HSĽS presidency, which has prepared the government Bill of the Constitution, and changes made by the Constitutional and Legal Affairs Committee of the Slovak Assembly. In the final chapter, the principal provisions and institutions of the Constitution, including their changes during the legislative procedure and their further changes under conditions of authoritarian or totalitarian state led by far-right HSĽS are being discussed.

УГОВОР О ИСКОРИШЋАВАЊУ РУДНИКА ИЗ АТИНСКОГ ПРАВА (IG II2 411)

Author(s): Gerhard Thür / Language(s): Serbian Issue: 1/2007

The author analyzes a controversial epigraphic text excavated at the Athenian Acropolis. Different interpretations of its content are conceivable to be offered due to the deficiency of the text. This may affect a decision if the text can or cannot be included into collection of Athenian procedural inscriptions that the author is working on, after publishing remarkable collection of procedural inscriptions from Arcadia. Legal relationships described in the text are interpreted as a contract between a person with the state (polis) related to exploitation of a silver mine, as a contract of arable land lease or as a contract on new silver mine founding, where the party is not a simple mine lessee, but a specialist in ore finding with a better standing – a so-called prospector. The author is of opinion that if a prospector (person who is entitled to detect the location for exploitation) was permitted to search for ore in a certain area, no other person was to be entitled to enter or dig to explore (not even the owner). The issue of compensation or share in income was probably solved indirectly, when the owner gives to lease the surrounding land to another private person – mine lessee, who has to perform related works and activities in connection with exploitation of the mine (ergasteria). Without such a “working area” (ergasterion) silver mine rented by the state was worthless. If successful, the prospector was not paid on a fixed basis, but obtained a share of income from the mine. The state leased it out and, for 25 years, every second year the prospector got the rent. It seems that contract with prospector points to a sovereign right of the state over ore.

ПРАВНА ПРАВИЛА ПРЕДРАТНОГ ПРАВА

Author(s): Not Specified Author / Language(s): Serbian Issue: 1-6/2000

ЗАКОН О ЗЕМЉИШНИМ КЊИГАМА

Author(s): Not Specified Author / Language(s): Serbian Issue: 1-6/2000

ЗАКОН О ЗЕМЉИШНОКЊИЖНИМ ДЕОБАМА, ОТПИСИМА И ПРИПИСИМА

Author(s): Not Specified Author / Language(s): Serbian Issue: 1-6/2000

ПРАВИЛНИК ЗА ВОЂЕЊЕ ЗЕМЉИШНИХ КЊИГА

Author(s): Not Specified Author / Language(s): Serbian Issue: 1-6/2000

ЗАКОН О ДРЖАВНОМ ПРЕМЕРУ И КАТАСТРУ И УПИСИМА ПРАВА НА НЕПОКРЕТНОСТИМА

Author(s): Not Specified Author / Language(s): Serbian Issue: 1-6/2000