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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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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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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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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.
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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During the period of the Second Polish Republic (1918–1939), the movement of theso-called young lawyers sought to create a system of law based on tradition and the Pol-ish national spirit. In accordance with these criteria, they evaluated the Criminal Code of1932, which was an original creation of Polish legal thought. In their opinion, the code as“basically raw” could, after the introduction of the changes they were suggesting, serve topursue a repressive criminal policy. Particularly Article 54 of the Criminal Code, whichstipulated that judges had to take individual qualities of perpetrators into consideration,was perceived by the young lawyers as an obstacle to meting out severe punishments whichwould act as a deterrent to committing crimes. The young lawyers advocated the impositionof punishments that serve not to improve the offender but to protect society from crime.However, the concept of applying the criminal code in the spirit of social protection metwith a sharp retort from its creator, Juliusz Makarewicz. Influenced by it, the young lawyersabandoned their criticism of the code's solutions in favour of undertaking work to changethe consciousness of Polish judges.
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Among the offences stipulated in the 1932 Criminal Code, there are transnational crimes,which include various types of behaviour which need to be criminalised and penalised inaccordance with domestic legislation as a result of multilateral international agreementsconcluded by a given state. Among them are acts which constitute an attack on sexual free-dom and decency, and the obligation to criminalise them imposes numerous transnationalnorms on the present-day Polish legislator.
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One of the obvious challenges for the reborn Polish state after regaining independencewas the pursuit of uniformity within the judiciary, including military criminal law. The roadto success was not an easy one and it depended to a large extent on the effect of the workson the codification of common criminal law. The fate of the two great codes of 1932 wastherefore intertwined, especially in respect to a soldier’s criminal liability for a common crime.The aim of the present article is to portray the legal regulations concerning this issue whichwere in force during the Second Polish Republic period from an evolutionary perspective.The objective scope and formal conditions of issuing an order in official matters in relation tosoldiers as well as the rules concerning responsibility related to its issuing and execution weresubjected to analysis. Particular emphasis was placed on the principle of individualizationof guilt, which was dynamically developing at that time. For this purpose, the regulations ofmilitary legislation were compared with some institutions of common criminal law, such asincitement, aiding, and – to a lesser extent – irresistible compulsion.
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The catalogue of basic punishments in the 1932 Criminal Code included two types ofimprisonment, i.e. prison and jail. The main purpose of prisons was to rehabilitate offenders.A particular variant of this punishment was life imprisonment. On the other hand, the jailwas considered a punishment of relative isolation which was coercive and preventive innature. It was also treated as a surrogate for non-degrading penalty of imprisonment. Thepurpose of the paper is also to portray the deliberations of the Codification Commission ofthe Second Polish Republic, its Criminal Division (Substantive Law), concerning the indicatedforms of criminal reactions to a crime as well as to present these punishments in light of theprovisions of the Makarewicz Criminal Code.
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This article presents the issue of performing feldsher activities in the Second PolishRepublic. The profession of a feldsher existed in the territories of reborn Poland which hadbeen a part of the Russian Empire before World War I. The Polish authorities made attempts tolimit the activities of people who were involved in feldsher activities. The Polish governmentdid not even attempt to hide the fact that it wanted to gradually abolish this profession. Theseattempts were made in this area by, inter alia, drafting legislation. However, in the course ofapplying the law on the issue of feldshers, disputes occurred due to its interpretation. Thearticle was primarily prepared on the basis of sources located in the Sejm Library, acts ofgenerally applicable law as well as judicial decisions of the Supreme Administrative Tribunaland the Criminal Chamber of the Supreme Court.
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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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The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical AngloAmerican institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition.
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The term ‘correlation’ can be interpretated in a wider meaning than the presence of a frequency of connection between two collignial indicators. This semantic content as "a relation existing between phenomena" is present in the discourse of liberal arts, in contrast to parametric statistics. The purpose of the study is to verify the existence of a correlation between basic conceptual ideas in Ancient Roman law and English common law and to evaluate the scope and manifestations of this issue. The research problem is complicated by the fact that the overwhelming majority of modern historians traditionally contrast the legal systems of continental European countries with Anglo-American law. And there very few famous scientists who consistently reaffirm the opposite position and consider that the common legal tradition in Europe exists. The article shows three groups of key evidence of Ancient Roman Law influences on the English Common Law. The historical arguments explain the fantastic ability of English law to export to other countries. In world history, this property was only one legal culture, namely Old Roman. These abilities to transfer and reception are defined as the most significant parallels between the legal traditions that are investigated.
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