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The aim of this article was to present a synthetic presentation of the circumstances accompanying the system-forming process in Poland, undergoing the socioeconomic and political transformation since 1989. Particular emphasis was placed on the description of political conditions and the main problems related to the postulated Polish system during the work of the Constitutional Committe of the National Assembly, composed of 46 deputies of the Sejm of the second term of office and the Senate of the third term of office 1993–1997. The research for this article was carried out thanks to the use of the following methods: historical and legal, formal and the analysis of scientific literature related to the subject of the article. As a result of the research methods used, the complexity of the system-building process in Poland in the mid 1990s was shown, i.e. in a country where the adoption of a new constitution was necessary not only for axiological reason, but also due to the efforts to integrate with the European Union and NATO. The essential paradox, however, was that Poland was the first country to begin the process of abandoning communism, and as – almost – the last of the countries hitherto located behind the “iron curtain”, it adopted a new constitution. The “current – political” reasons for this state of affairs are presented in the article below.
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Roman maritime navigation and the consequent application of actio exercitoria is conditioned by the ship as the object of the aforementioned relations. Namely, in contrast to other actions adiecticiae qualitatis that form the legal framework of land trade, the actio exercitoria is the only one related to overseas trade that is carried out on a ship or in the immediate vicinity of a ship. Taking into account this specificity, a number of questions inevitably arise: whether the ownership of the ship is important for the enforcement of the actio exercitoria, whether the ship is considered the place of conclusion of the contract, and the question of the jurisdiction of the court for possible disputes, as well as who is responsible for the damage that was caused on board. The author will try to answer a series of questions by elaborating on the importance of the ship as a locus praepositionis for the application of actio exercitoria. In this effort, the author will refer to the consideration of the concepts of ship and sea that prof. Ante Romac wrote in the paper „The Concept of Sea and Ship in the Sources of Roman Law”, published in the Proceedings of the Faculty of Law in Zagreb in 1976.
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This year marks the hundredth anniversary of the birth of Professor Ante Romac, a great scholar of Roman Law, legal historian and educator. Professor Romac enriched Romanistics with major works which stand to this day as indispensable literature in the study and teaching of law. He was esteemed as a many-sided intellectual educated in the humanities, manifested through his academic and creative work: a versatile knowledge of legal history, and also that of almost all current legal systems; an excellent authority on the sources of Roman law, with a striking aptitude for translating ancient legal sources; a writer on various select topics of Roman law and legal history; a broad knowledge of non-legal classical and also of mediaeval literature and an outstanding Latinist. In some of his works, he had no predecessor. Professor Romac was a well-known enthusiast in his pursuit of science, and had been a relentless collector of Latin legal phrases – for decades before he selected and published them in some of his books. As an educator, professor Romac sought to reconcile the gap between secondary education, which was providing only a modest proficiency in Latin, and the requirements imposed by the subject content of Roman law in graduate legal education. Students, his collaborators and colleagues remember professor Romac for his composure, systematic nature, a high degree of sophistication, without flashy gimmicks, and, as an examiner, they remember him for maintaining objective criteria and a level-headed approach.
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In the scientific research of status law and the influence of law on socio-economic relations, the development of contemporary corporations stands out as an important issue. First, we must put into context the use of specific terms, i.e. whether to use “capital structures” or “corporations”. The reason being the fact that the Roman legal environment, as the key foundation for contemporary capital structures, did not recognise corporate entities the way they are received in today’s contemporary legal development. Henceforth, the authors will more often refer to contemporary terminology when explaining the developmental tendencies of contemporary corporate entities, with special attention on the analysis of the roadmap which lead from Roman law capital structures to contemporary, market-based, corporations.
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In the paper, the author deals with the institute of adverse possession as a specific way of acquiring ownership based on possession of things. In contrast to the classical Roman and modern understanding, which require good faith (bona fides) and title (titulus) of the owner, medieval solutions do not set these conditions and require only the non-recognition of someone else’s right over real estate, similar to post-classical law, but only the passage of time, which approaches the limitation of ownership rights or loss of prescription (praescriptio), and not acquisition of ownership by adverse possession. The regulations on this include the Statute of Senj (1388), the Statute of Rab, the Statute of Cres-Osor (1440) and the Statute of Mošćenice (1637), on the territory of Istria the Statute of Trieste (1305), the Statute of Milja (1333), the Statute of Poreč (1363) and in Dalmatia, for example, the Statute of Brač (1305). Regulations are changed by the penetration of post-glossary ideas, for example in the Statute of Trieste (1350), the Statute of Dvigrad (XIV century), the Statute of Pula (1431) and the Statute of Krk (in Latin, XVI century).
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Roman marriage is most often defined as a heterosexual, monogamous union of a man and a woman based on the will of both spouses (affectio maritalis). Depending on the historical moment, the social status and the customs, it was often preceded by a betrothal, as a mutual promise that in the future there will be a marriage. Consequently, Roman legislators, jurists and emperors attributed various properties and implications to the life of future newlyweds. Following the idea of the approximation of the legal status of the betrothal and the marriage from the 3rd century BC, through the normative activity of Octavian Augustus, until 380 AD, the author tries to sublimate the concepts of Roman legislators and jurisprudents, and to answer the question of whether in any era of pagan Rome, betrothal and marriage have been equated, as well as what were the necessary conditions for a betrothal to produce a legal effect. The paper uses the linguistic, systemic and historical interpretation of the texts: D.22.5.5, D.23.1.7.1, D.23.1.11, D.23.1.16, D.23.2.14.4, D.23.2.45. pr. and 4, D.38.10.6. and 8, D.45.1.134. pr, D.47.10.1.9, D.48.9.1. and 3, C.5.4.1, Fr. Vat. 298. and 302. and historical method.
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Systematizing the legal rules of Roman law, the author emphasizes that the study and research of the rules of Roman law is not only a starting point for the further development of private law, but also an opportunity to talk about Roman law and to determine its role and place in that process, as well as to answers are given to many questions, starting with the meaning of Roman law in modern legal terminology and ending with the applicability of the institutes of Roman law in the conditions of the modern market economy (the role of Roman institutes of real law, as well as the influence of Roman law of obligations and especially Roman contracts on contracts of modern law). The author emphasizes that only in this way, through the research of the legal rules of Roman law, can one arrive at numerous answers to questions such as those related to the initial foundations in the process of codification of modern law, that is, on whose legal foundations the codifications were made. In this way, in the author’s opinion, we arrive at the essential answer of how much and what is the contribution of Roman law in the creation of modern, first of all, private law, and then we reach an agreement on the question of the justification of Roman law in further legal education at universities.
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The paper is a tribute to Professor Romac and the title refers to his article „Characters of Roman Lawyers in Tacitus’s Works” published in 1977 in the “Yearbook” of the Faculty of Law in Banja Luka. It is one of a series of articles in which Professor Romac uses primarily non-legal sources, especially the works of famous Roman writers, satirists and historiographers (Juvenal, Ovid, Tacitus and others), in order to show us in a vivid and layered way the Roman society in the period of the Principate, with all its turbulent political, social and other problems. Roman jurists found their place in that broad picture of personalities and events. Among them, Atheus Capito, Antistius Labeo, Nerva Pater, Pegasus, but also Gaius Cassius Longinus received a particularly true psychological portrait. Professor Romac uses data from the work of Tacitus, combining it with other sources. In the case of the lawyer Gaius Cassius Longinus, Tacitus provided, “not only a subtle psychological characterization, but also left so much information, that they could serve well as material for a romantic biography or even for a tense action or psychological film” says professor Romac. The last part of the article is about the so-called societas leonina, and its connection with Gaius Cassius Longinus.
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The work entitled “Ante Romac - encyclopedist of Roman law” should once again point out and remind of the great Professor Ante Romac. His huge scientific work seems to have found its best expression precisely in Dicta et regulae iuris, which was created in collaboration with prof. Dragomir Stojčević, and the Dictionary of Roman Law. Both works are characterized by excellent systematicity. Also, these works are characterized by a lexicographic and encyclopedic approach. Dicta et reguale iuris is a collection of legal rules, sayings and definitions formulated in the Latin language starting from Roman, through the medieval and, so to speak, modern lawyers. The dictionary of Roman law should provide readers with basic explanations of the most important institutes of Roman law, the historical events associated with them, and the economic, social and cultural institutions of ancient Rome. Both works seem to round off the entire work of Professor Romac and will be indispensable literature for experts and lawyers for a long time to come.
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The Roman law was adopted in Mediaeval Serbia in an indirect way, i. e. Through translation of Byzantine laws and legal miscellanies. Original Latin texts of Roman iurisconsults are not used in the process of reception but instead only the Greek translations served the purpose. Therefore Serbian translations include certain departures from the original which sometimes even change the meaning of the original Roman text. That phenomenon was a result of particularities of Greek and Roman legal terminology as well as of specific elements of Greek and Latin languages. Serbian translators have used and followed the Greek translations and not the Latin originals. Consequently, according to the author of the present contribution, the best method for studying the reception of Roman law in Mediaeval Serbia is to consider specific legal institutes and their transformation, beginning with Roman and continuing, through Byzantin (Graeco-Roman) to Serbian Mediaeval Law. The author gave three examples: 1) Ulpian’s thought that law (ius) was derived from justice (iustitia) since law is the art of good and equality (D. I, 1, 1); 2) Gaius’ distinction in the law of persons that all men are either free of slaves (Gaius, Inst. I, 9; Iust. Inst. I, 3; D. I, 5, 3); 3) Lex Falcidia, promulgated in 40 BC, providing for a maximum of three quarters of a person’s estate to be bestowed as a legacy, entitling an heir to a least a quarter of the inheritance (Gaius, Inst. II, 227).
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In his article, the author deals with retributive justice in post-war Czechoslovakia in broader political, legal and power contexts. He understands retribution as the key to understanding the contradictory existence of the Czechoslovak Third Republic. On a more general level, retribution is understood as the opposite of restorative law. An important source of this work was decretal creation, which in part of the post-war period replaced the laws created by the legislative activity of the parliament. The author describes and evaluates the defects of Czechoslovak retribution. The activity of national committees as institutions of revolutionary law, which personified a number of judicial roles, is emphasized. A considerable part is devoted to the question of the intervention of the security forces under the leadership of the communists in retribution cases.
More...SINGERS, ROLES, AND LEGAL DISPUTES AT THE PARIS OPÉRA DURING THE ANCIEN RÉGIME
This article argues that the legal institutions governing the operation of the Paris Opéra since its establishment in 1669 were not merely applied hierarchically from above. To some extent, performers participated in defining the legal terms of the Opéra’s business. Challenging the prevailing creative practice of the time, these performers deployed legal rhetoric particularly in resolving disputes relating to casting. Casting decisions proved particularly salient insofar as the combination of personal prestige and financial success at stake produced both professional competition and social conflict. After demonstrating the main principles at work behind performers’ challenges to the administrative and legal conditions of the Paris Opéra, this article presents a series of case studies that illustrate the ways in which performers attempted to use legal strategies to alter the institutional setting as it related to casting.
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The Transylvanian Saxons’ attitude towards the Agrarian reform legislated by the Grand National Council convened in Sibiu, in the summer of 1919, is a topic that has been researched by several authors up to now. The study of the Saxon National Council archive led to the discovery of several other documents on the Saxons’ attitude towards the issuing of this law and the implementation of its provisions. The documents also reveal the Saxons’ dissatisfaction with this law and the activity of the Secretary of the Saxon National Council for defending the interests of the Transylvanian Saxons, who were wronged by the Agrarian reform.
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Interview with Václav Pavlíček, by Lucie Rajlová and Jiří Křesťan.
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The paper is devoted to the contemporary and historical view on the association law. The basis of the contemporary conception lies in the reform of the Czech private law in 2012 that took form in the new Czech code of civil law that came into effect in January 2014. The societies are now classified directly in the civil code as a prototype of the civil corporation. The register of societies is now, for the first time in history, kept by the register courts of law. The path of the association law is defined by the reverse look at the partial legal history taking origin in the 19th century. Actual examples of the societies of the time are mentioned as well as their subsequent legal transformations. The paper is structured according to generally accepted political milestones in the history of the Bohemian Lands, Czechoslovakia, the Protectorate of Bohemia and Moravia, and later again Czechoslovakia till the contemporary legal situation in the Czech Republic. A special attention is paid to the Czechoslovak period from the beginning of the 1950s to 1990. In the given historical timeframe, actual cases from the political and legal life of specific societies are described, in the context of the detailed criticism of the political and legal situation that negatively influenced the freedom of association and association activity. Instead of a legal solution, the emphasis was put on a political approach adopted from the Soviet example. One of crucial legal thoughts in the paper lies in the contemporary emphasis on the private legal nature of societies as a type of civil corporations. This aspect used to be omitted since the very beginning of the associational life in the 19th century.
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The aim of this paper is to present a brief summary about the evolution of marriage in Spain: from Catholic marriage during the years of the Francoist dictatorship (1939-1975), going through the democratic transition and the recognition of the right to marriage in the Constitution of 1978, until the necessity for legislative intervention to interpret the constitutional precept more broadly in order to recognise homosexual marriage. Moreover, we will observe what has been and continues to be the impact of non-catholic confessions in the Spanish marriage system.
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The study deals with the relation of the Ministry of Justice to the retributive justice in 1945–1948 based on the example of Extraordinary People’s Court in Mladá Boleslav. The new minister of Justice Jaroslav Stránský had to deal with important issues when preparing the retribution, since the Nazi occupation had left its marks on the Czechoslovak justice. First, it was necessary to take control over the situation on the liberated area where the Revolutionary People’s Courts took place. The Ministry also helped to put the regular retributive justice into practice by issuing various instructions, explaining the vague paragraphs of the Major Retribution Decree, and by facing the political pressure from the Communist Party. The retributive justice was seemingly finished in May 1947, yet, after events of February 1948, these issues were reopened by the new administration of the Ministry, which was represented by the Communist Alexej Čepička, who replaced the National Socialist Minister Prokop Drtina. A revision of retributive justice took place in 1948; however, in spite of a better coordination by the Ministry of Justice, it did not bring an expected success to the ruling party
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The nunciature of Cesare Speciano at the imperial court in Prague took place in 1592-1598 under the pontificate of Clement VIII. It falls to the period when Rome, regenerated by the Council of Trent, became again a natural centre of the Church politics, it reinstated its authority in international relations and was trying to gain influence on all European rulers. Due to complicated ecclesiastical and religious situation in the Empire, undergoing through Reformation from the first half of the 16th century, the imperial nunciature was paid a particular attention. The goal of the study is to detail the background of the Speciano nunciature in the first half of its duration, i. e. in the years 1592-1594. The term background can be understood in a broader and narrower sense. The broader sense includes curial offices and institutions that directed and financed Speciano’s mission, i. e. Secretariat of State and papal chamber, but also advisory organs to the Emperor, imperial and court institutions and authorities, mostly privy court council and imperial chancellery which influenced nuncio’s activities to various extent and which he depended on. In a narrower sense, it was famiglia, i. e. the office of the nuncio in Prague and nuncio’s own household. Based on pertaining literature and nuncio’s correspondence the study follows nuncio’s cooperation with the above mentioned offices and authorities and Speciano’s personal contacts with the leading representatives, it reconstructs and explains not only activities and staff of the Prague nunciature but also structure of the nuncio’s famiglia. To depict official activities of the nunciature in the followed period two important cases were expounded: abjuration of Utraquist priests and their conversion to the Catholic faith and selection process of the Prague Archbishop Zbyněk Berka.
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Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.
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