Baráti és családi viszonyok Cicero leveleiben I.

Author(s): Tamás Nótári / Language(s): Hungarian Issue: 4/2022

In a two-part series of studies, the author examines Cicero’s correspondence to discover how relations of family and friendship are expressed in personal, economic, and political terms. In this first instalment of the series, after a general introduction to Cicero’s correspondence, the author presents the concept of friendship that emerges from it. He then moves on to the presentation of the correspondence between Cicero and Atticus, describing and explaining the main motifs that emerge in it.

Az Erdélyi Fejedelemség gazdasága, a céhes élet szabályozása Bethlen Gábor idején, különös tekintettel a modern kori szabályozással kapcsolatos párhuzamokra

Author(s): Pál Szentpáli-Gavallér / Language(s): Hungarian Issue: 4/2022

The aim of the study is to provide a sketch of the economy of Transylvania in the princely period. The study will touch on the legal and economic aspects, but also on possible micro- and art-historical connections. The latter aspect is justified by the fact that Gábor Bethlen issued a charter regulating the operation and life of certain guilds. The publication of the regulations of the bootmakers’ guild in a princely charter is also worthy of analysis because it reveals several regulatory parallels with the modern-day context.

Hozzászólás dr. Veress Emőd Dr. Óvári Elemér kolozsvári ügyvéd életéről és haláláról című írásához

Author(s): Péter Sas / Language(s): Hungarian Issue: 4/2022

Kelet-Közép-Európa mint jogtörténeti tér

Author(s): Bence Zsolt Kovács / Language(s): Hungarian Issue: 4/2022

Sáry Pál (szerk.): Lectures on East Central European Legal History, Central European Academic Publishing, Miskolc, 2022, 304 oldal.

Az 1959. évi IV. törvény a polgári jogi kodifikáció történetének tükrében

Author(s): Kinga Ilyés / Language(s): Hungarian Issue: 4/2022

Mádl Ferenc: Magyarország első Polgári Törvénykönyve. Az 1959. évi IV. törvény a polgári jogi kodifikáció történetének tükrében, 2. kiadás, Ferenc Mádl Institute of Comparative Law, Budapest, 2022, 151 oldal.

Kobiety jako oskarżycielki w rzymskich postępowaniach karnych?

Author(s): Dobromiła Nowicka / Language(s): Polish Issue: 335/2022

The article focuses on the issue of the legal legitimation of Roman women to bring a formal accusation in cases other than their own or regarding — to some extent — their relatives, which is still debatable in Roman law literature. The analysis concerns mostly crimen maiestatis and crimen annonae trials, regarding which sources seem to be particularly disputable. Despite ambivalent conclusions drawn on their basis by various authors, it occurs that women could act as both informers and formal accusers in those cases of a very specific nature, which constituted a serious departure from general rules concerning their legitimation, but was rooted in the utilitas publica concept.

George Joseph Bell (1770–1843): ostatni szkocki pisarz instytucjonalny

Author(s): Mateusz Szymura / Language(s): Polish Issue: 335/2022

The subject of the article is the figure of George Joseph Bell — professor of Scottish law at the University of Edinburgh and author of two final Scottish institutional works: Principles of the Law of Scotland and Commentaries on the Law of Scotland and on the Principles of Mercantile Jurisprudence. The publication of both works in the first half of the nineteenth century marks a unique caesura in the history of Scottish law — both the level of complexity of the legal system and the significant convergence of Scottish law and solutions known to English law resulted in a lack of both need and opportunity for a comprehensive treatment of the Scottish law system in the form of a holistic legal treatise. G.J. Bell’s unfulfilled dream of becoming a judge of the Court of Session enabled him to refine his monograph on insolvency law to the level of just such a treatise, which consequently acquired the status of an institutional work and secured for the author a place in the history of Scottish law which is not given to every judge of even the highest of courts.

O kierunkach rozwoju prawa karnego na ziemiach polskich w dobie średniowiecza wobec tradycji i tendencji europejskich

Author(s): Paweł Wiązek / Language(s): Polish Issue: 335/2022

The publication is an attempt to look at the history of law in Poland from the perspective of the development of European legal culture. The choice of the subject matter to be explored determined the author’s methodological instruments, ultimately prompting him to consider comparative legal studies as the basis for his research. At the outset, emphasizing the topicality of the problem in the context of the progress of European integration, the author strove to present the history of criminal law in medieval Poland, highlighting both the original developmental features and the way in which they fit into universal tendencies, represented in the legal systems of other contemporary countries of the Old Continent. In his final conclusions, he drew attention to the tendencies that emerged at the end of the Middle Ages and at the beginning of the modern era, pointing to the growing discrepancies in the directions of further development of law in Polish lands against the tendencies that began to dominate more and more clearly in the laws of most European countries at that time. The author’s intention was not to discover America a few hundred years after Columbus, but to synthesize a multifaceted problem that could serve historical-legal reflection.

Koncepcja rehabilitacji sądowej w pracach Komisji Kodyfikacyjnej nad projektem polskiego kodeksu karnego z 1932 roku

Author(s): ANDRZEJ PASEK / Language(s): Polish Issue: 335/2022

The article presents the course of work in the Criminal Law Section of the Codification Commission of the Republic of Poland on the institution of judicial rehabilitation. It has been shown that its concept was carefully developed on the basis of the resolutions of the Criminal Law Section inspired by prof. J. Makarewicz’s report and the discussion developed around this report, taking into account the achievements of foreign legislation and legal doctrine. The solutions based on these resolutions proposed by J. Makarewicz in the preliminary draft of the general part of the Penal Code were subject to further substantive and editorial modifications as a part of the second and third reading of the Polish Penal Code draft, and then at the forum of a specially appointed Ministerial Committee. As a consequence of these activities, the inclusion of judicial rehabilitation in the Polish Penal Code of 1932 respected the latest postulates of the criminal policy and implemented the principle of punishment individualization.

Projekt ustawy o unifikacji prawa w Polsce na tle powojennych koncepcji unifikacyjnych

Author(s): KAROL WILK / Language(s): Polish Issue: 335/2022

Post-war Poland as a result of border changes and the resettlement of millions of citizens from the so-called Eastern Borderlands found itself in a complicated legal situation. The new reality forced the communist authorities to take urgent measures to standardize the various legal systems functioning in the interwar period and resulting from the partitions. As part of the resolution of the Council of Ministers of the Provisional Government of the Republic of Poland of 12 June 1945, activities aimed at the unification of the law were initiated. Complex issues, post-war difficulties and the imposition of very short deadlines were associated with organizational difficulties and, consequently, the necessity to extend the time for the implementation of the unification process by the Ministry of Justice assigned to this task. In the course of the work, other concepts of unifying the law in post-war Poland also appeared. An interesting, and at the same time little-known, alternative proposal in this regard was the Draft Act on the Unification of Law by the Ministry of Administration, aimed at a rapid general unification of the block method. The ministry’s postulates were the subject of arrangements and inter-ministerial conference as well as discussions in the contemporary literature. The final content of the draft as a result of a vote was not adopted by the other ministries. The project was deemed inadequate to the stage of work at that time and it was decided to maintain the current method of detailed unification. As a result, the civil law was unified on the basis of a dozen or so decrees. The Ministry of Justice also adopted decrees unifying court proceedings in civil cases, decrees partly in the field of administrative law and additional decrees. On the occasion of the success of the completion of unification works, on 13 December 1946, a nationwide academy was held with the participation of the highest state authorities. From 1 January 1947, uniform civil law was in force throughout Poland.

Baráti és családi viszonyok Cicero leveleiben II.

Author(s): Tamás Nótári / Language(s): Hungarian Issue: 1/2023

In the first part of the study, after having presented the general features of the Ciceronian corpus of letters, their basic characteristics and formal features, the author analysed the concept of friendship in the epistles on the one hand and Cicero’s relationship with Atticus (the addressee of half of his letters and his most enduring and closest friend) on the other. In the second part of the study, he focuses on the family ties that emerge from Cicero’s letters: first, Cicero’s relationship with his wife, Terentia, and his children, Tullia and Marcus, is analysed, followed by the emergence of grief over the death of his daughter Tullia and the role of friends as consulatori in the period of mourning, which at the same time completes the Roman concept of officia amicitiae outlined in the previous part.

A Tripartitum kormányzatot érintő rendelkezései, valamint erdélyi lenyomata az Approbaták tükrében, figyelembe véve a Szent Korona-tan szerepét

Author(s): Pál Szentpáli-Gavallér / Language(s): Hungarian Issue: 1/2023

The aim of the study is to outline the governmental aspects of the Tripartitum and its role in the history of Hungarian law, in its first compilation during the existence of the Principality of Transylvania, the Approbates. In order to achieve this aim, the Tripartitum and the relevant legislation, mainly of public law, will be included in the study, without being exhaustive, taking into account the limits of space.

Dósa Elek Erdélyhoni jogtudományának új kiadásáról

Author(s): Péter Nagy / Language(s): Hungarian Issue: 1/2023

Az Aranybulla legújabb jogtörténeti szempontú feldolgozása

Author(s): Gábor Máthé / Language(s): Hungarian Issue: 1/2023

Polish-Czechoslovak Cross-border Tourism between 1919 and 1939 in the Light of Polish Legislation

Author(s): Leszek Ćwikła / Language(s): English Issue: 2/2023

The article revolves around Polish-Czechoslovak tourism relations between 1919 and 1939. The author analysed the legislation establishing solutions aimed to facilitate tourism on both sides of the border. The Tourism Convention drawn up in Prague on 30th May 1925 was of key importance in this regard. Attention was also paid to selected provisions of the Polish-Czechoslovak commercial conventions relevant to the development of tourism. The following part of the article examines passport and visa regulations governing departure from Poland to Czechoslovakia and arrival to Poland from Czechoslovakia. The author also studies the foreign exchange regulations that individuals entering Czechoslovakia for tourist purposes had to follow.

Ohlédnutí za Velkou Prahou

Author(s): Ivana Bláhová / Language(s): Czech Issue: 2/2023

The paper deals with the legal aspects of the establishment of the so-called Greater Prague, i.e., the merger of neighbouring municipalities with the capital of the Czechoslovak Republic in 1922. The introduction briefly outlines the efforts to merge Prague with its suburbs dating from the mid-19th century until 1918. The following section focuses on the activities of the National Assembly on the establishment of Greater Prague. In addition to the establishment and the membership of the Greater Prague Committee, parliamentary papers related to the creation of Greater Prague are described and analysed. Parliamentary papers 719 and 1216, which included government bills to merge neighbouring municipalities and settlements into the City of Prague, a bill on elections to the Metropolitan Council and a bill on the organisation and powers of the Metropolitan Council and local committees, are discussed in detail. From a comparison of the government proposals, the amendments proposed by parliamentary committees and the text of the laws adopted, it is possible to deduce the general tendencies of the relationship between the state administration and local government at the beginning of the Czechoslovak Republic. The issues of financing the establishment and operation of the new capital of Czechoslovakia have not gone unnoticed.

Omezení sňatků v československých legiích na Rusi a jeho důsledky

Author(s): Jakub Novák / Language(s): Czech Issue: 2/2023

This paper introduces the specifics of war marriages in the Czechoslovak Legions in Russia during the period of their involvement in the Russian Civil War. After a brief introduction to the historical context, it aims to describe the restrictions imposed on marriages for Czechoslovak legionnaires and their reasons which eventually led to a temporary total ban of war marriages within the Legion for several months after the 1st Convention of Czechoslovak army in the summer of 1918. The paper also explains why and under what conditions the marriages were later re-enabled, what the consequences of marrying without permission were and what legal means the army used to combat high numbers of illegal marriages within its ranks.

Nemajetní krajané – plus pro stranu? Vliv KSČ na poválečnou reemigraci

Author(s): Martin Nedvěd / Language(s): Czech Issue: 2/2023

The paper deals with the influence of the Communist Party of Czechoslovakia on the remigration to the Czechoslovak Republic after the World War II. Through archival research it seeks to verify the hypothesis that the Communist Party of Czechoslovakia was using its governmental influence acquired after 1945 to hinder the return of ethnically Czech and Slovak farmers from abroad. Although the Communist Party of Czechoslovakia declared its full support for remigration, the sources suggest it feared the remigration of so-called reactionary classes such as farmers and tradesmen. In this light, the delay in the transfers of Czech and Slovak countrymen to Czechoslovakia might be interpreted as a possible “sabotage” in order to settle the vacant land in Czechoslovakia with the inland proletarians (potential communist voters) instead.

Nové prameny k dějinám meziválečné kodifikace občanského práva

Author(s): Ondřej Horák / Language(s): Czech Issue: 2/2023

Materials

Karel Engliš. Paměti. Kdo sloužíš vlasti, nečekej odměny

Author(s): Ladislav Vojáček / Language(s): Czech Issue: 2/2023

Book review: Engliš, Karel et al. Paměti: kdo sloužíš vlasti, odměny nečekej. 1. vydání. Brno: Masarykova univerzita, 2022. 598 stran. Pocta osobnostem. Dílo Karla Engliše; 4. ISBN 978-80-280-0113-1.