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CONTRIBUȚIA DOCTRINEI IMAGO DEI LA PROCESUL ABOLIRII SCLAVIEI ÎN IMPERIUL BRITANIC

Author(s): Mihail Ciopașiu / Language(s): Romanian Issue: 1/2021

The Christian understanding of Imago Dei was a crucial understanding for the Christians involved in the attempt of the abolishment of slavery in the British Empire in the 19th century. In a society where slavery was seen as given from birth to death, the idea of the abolishment of slavery was both brave and revolutionary, as most of the society in that time was relying economically on the exploitation of the slaves. The abolitionists strongly believed in the human dignity derived from the Judeo-Christian tradition of the creation of men according to the image of God, and based on this belief they promoted human dignity, equality, and human rights for all people.

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NATURA UMANĂ DELICATĂ A UNUI PROFET BIBLIC ȘI DREPTURILE DOBÂNDITE PESTE VEACURI

Author(s): Remus Onişor / Language(s): Romanian Issue: 2/2021

Prophet’s Jeremiah’s message, in it’s many aspects, goes beyond the historical time in which the author lived and is updated in each generation. Human nature has always had difficulties in understanding the rights and obligations of any kind, in different contexts. Focused on certain rights and liberties, the Jews from the Babylonian diaspora will be urged by Jeramiah to a paradigm shift. The model which the prophet offers is that even a foreign land can offer you a fundamental personal right: the joy of a faith that no one can take away from you. Faced with difficulties, human nature can adapt to new contextual requirements. Suffering can be creative, and the waiting can turn into a fertile dream. With it’s qualities and defects, man must bet on the future, even when it looks bleek. Live and enjoy life even if it seems difficult, is the leitmotif of Jeremiah’s epistle to the Babylon exiles. The profethic message is always relevante specially when human rights are touched by different ideological slippages.

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Speculum Saxonum and Ius Municpale as Sources of Law in the Works of Tucholczyk

Author(s): Władysław Bojarski / Language(s): English Issue: 10/2020

The paper is an English translation of Speculum Saxonum i Ius municipale jako źródła prawa w dziełach Tucholczyka by Władysław Bojarski, published originally in Polish in “Annales Universtitatis Nicoli Copernici. Prawo” in 1987. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

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UNELE CONSIDERAŢII CU PRIVIRE LA APLICAREA LEGISLAŢIEI AGRARE ŞI ADMINISTRATIVE ÎN COMUNA CALINEŞTI, JUDEŢUL ROMAN. ÎNTRE ANII 1864-1892

Author(s): Ioan Ungureanu / Language(s): Romanian Issue: XXIV/1993

Întreaga legislaţie rurală din a doua jumătate a secolului al XIX-lea poate fi considerată ca o continuare a aplicării reformei agrare din anul 1864, a acelor articole din legea iniţială care au rămas pentru a fi soluţionate ulterior, cerinţă amplificată şi de unele evenimente conjunc- turale, cum ar fi, spre exemplu Războiul de Independenţă, cu scopul manifest de atenuare a contradicţiilor şi nemulţumirilor din lumea satelor.

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UN FIU AL BACĂULUI: MIRCEA CANCICOV

Author(s): Vilică Munteanu / Language(s): Romanian Issue: XXIV/1993

În dimineata zilei de 24 august 1884- orele 8.00 vedea pentru prima oară lumina zilei în casa din str. Bacău-Ocna (Calea Oituz) nr. 29, Mircea Cancicov, fiul lui Theodor Cancicov, funcţionar la primărie şi Ralucăi Cancicov, născută Ioan Stanciu, casnică, ambii de naţionalitate română şi religie ortodoxă.

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The Ostmarkgesetz of 14 April 1939 – One of the Normative Grounds of the Annexation Of Austria

Author(s): Bartosz Nieścior / Language(s): English Issue: 13/2021

The article presents the political and legal changes that accompanied the passing and then the introduction of the Ostmarkgesetz in Austria in 1939. It also contains a detailed analysis of the structure and layout of this normative act. The Ostmarkgesetz was extremely important because it thoroughly changed the administrative organization and introduced a new administration of the state in this area. The consequences had a significant impact on the Austrian legal order. This law is considered to be one of the main tools of the direct annexation of Austria by the Third Reich. This was the beginning of the subsequent war conquests of the Nazi state.

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Więziennictwo w Królestwie Polskim w 1. połowie XIX w. ze szczególnym uwzględnieniem Kodeksu Karzącego z 1818 roku

Author(s): Jacek Kulbaka / Language(s): Polish Issue: 1/2021

Charakterystyce poddano myśl teoretyczną i praktyczne rozwiązania w systemie (ach) penitencjarnych od XVI do I poł. XIX w. Szczegółowo omówiono Kodeks Karzący z 1818 r. w Królestwie Polskim, który zawiera szereg intersujących informacji z historycznego, prawnego i pedagogicznego punktu widzenia oraz pozwala na zagłębienie ówczesnej myśli i pragmatyki w zakresie istoty, rodzajów i znaczenia kary pozbawienia wolności oraz zasad na których miała się odbywać resocjalizacja osadzonych.

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CONSTITUTIONAL JUSTICE IN ROMANIA EVOLUTION AND PERSPECTIVES

Author(s): Marius Andreescu,Andra Nicoleta Puran / Language(s): English Issue: 1/2021

The supremacy of Constitution is a reality also due to the role of the Constitutional Court, as defined in article 142 paragraph (1) of the Constitution. The Constitutional Court's powers contribute essentially to the achievement of the lawful state and, therefore, a historical analysis of the evolution of this important constitutional institution is likely to highlight the legitimacy of the constitutionality control of the laws in Romania,but also its perspectives. In our analysis, we are debating for the concept of constitutional justice, regarded from a historical point of view, which includes the main attribution of a constitutional court, namely that of controlling the constitutionality of the laws. From this perspective, we point out the main evolution moments of the constitutionality control of the laws in Romania, analyzing briefly the particularities of the constitutional regulations during the evolution of constitutional justice in our country. At the same time, we emphasize the contemporary features of the control of constitutionality of the laws in Romania, and we argue that guaranteeing the supremacy of the Constitution, through constitutionality control, must be seen in the broad sense and in terms of the attributions of the courts in this field. We believe that the role of the Constitutional Court must be amplified by new powers, including through future revisions of the Fundamental Law, as this creates new guarantees regarding the reality of the principle of separation and balance of powers in the state, and obviously the guaranteeing of the supremacy of the Basic Law.

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Some Issues of Gift Contracts (Donations) in Hungarian Private Law – from a Historical and Comparative Point of View

Author(s): Adam Boóc / Language(s): English Issue: 1/2022

The author attempts to give an overview of the contract of gift in Hungarian private law. The study applies a very strong historical approach, since it summarizes the most important features of the development of this legal institute. The most important aim of the study is to identify those features of the contract of donation in the history of Hungarian private law, which are also applied by the current Hungarian legislation (Act No. V. of 2013 on the Civil Code of Hungary). The study also contains a couple of proposals for the eventual reform of the regulation of the contract of gift, as well.

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Hana Younis, Biti kadija u kršćanskom carstvu. Rad i osoblje šerijatskih sudova u Bosni i Hercegovini 1878-1914 .

Author(s): Dženita Sarač-Rujanac / Language(s): Bosnian Issue: 2/2022

Review of: Hana Younis, Biti kadija u kršćanskom carstvu. Rad i osoblje šerijatskih sudova u Bosni i Hercegovini 1878-1914 ., Univerzitet u Sarajevu - Institut za historiju, Sarajevo, 2021, str. 439.

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Türkiye’de İlk Özel Hukuk Okulu Açma Teşebbüsü

Author(s): Mustafa Gençoğlu / Language(s): Turkish Issue: 24/2022

In the classical period of the Ottoman Empire, legal education was given in madrasahs. However, with the change in the Ottoman Legal system that emerged with the Tanzimat reforms and the establishment of Western courts, qualified personnel trained with modern legal education were needed. In order to eliminate this deficiency, law education at the academic level has been started since 1970s. In our research, after the historical process related to modern legal education was given briefly, the details of the attempt to open the first private law school in Turkey were examined. This attempt was discovered by chance, thank to the documents found in the Maarif Nezareti, Heyet-i Teftişiye Fund while studying in the archive about the history of education. In this study, the stage, purpose and result of this attempt will be tried to evaluate. Thus, it is aimed to form a basis for new researches on the subject.

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Man and Woman - the Dilemma of Marital Evolution

Author(s): Iulian Apostu / Language(s): English Issue: 3-4/2021

Although in the social discourse, men and women are characterized by values that are specific to modernity or postmodernity, however, the analysis of social data often shows that the process of evolution must be located rather at the intersection between tradition and modernity. Thus, the status of men and women is in the process of being reconstructed and this is not a comfortable stage, especially for men. Marital modernity requires, as a matter of priority, a re-evaluation of the role structure and gender relations in the direction of equity, and in this endeavor, the greatest challenge is felt by men, who have to relinquish the old advantages of their traditional status. In this respect, a first hypothesis would be to consider women as having the main role in stimulating this action, and men as being less motivated to give up, by their own accord, the advantages offered by the traditional marital framework. From another point of view, we rhetorically ask whether women are ready for this challenge and to what extent the social context becomes supportive in this transition of role and gender relations.The study aims to make an analysis of gender and marital role relations, in order to identify the challenges of functionality in the contemporary transitional couple.

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Prezydent Irlandii (Uachtarán na hÉireann) – geneza urzędu, wybory, prerogatywy i rola Rady Stanu w ich wykonywaniu

Author(s): Maciej Bartosz Furtas / Language(s): Polish Issue: 10/2021

This article describes the prerogatives of the President of Ireland in the Constitution of 1937. The author presents the mechanism of “abstractive control” of the bill in compare to the constitution (judical review), the presidential pardon and the dissolution of the parliament at the request of the prime minister who does not have the support of the Dáil. Also presents the powers of the Presidential Commission and the tasks of the Council of State – institutions, which are related to the exercise of presidential prerogatives. The article begins with considerations on the classification of the Irish system of government and the role of history in shaping it in the 1937 Constitution. Based on the unique election of the President of Ireland – the author proposes to classify the Irish system as “alternative semi-presidentialism” – a subcategory of semi-presidentialism, also known as a “mixed” governmental system. The article also presents the significant limitations of the presidential powers with regard to the appointment of judges and members of the government.

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KRÓTKA WYCIECZKA PO GENEZIE I ISTNIENIU JEDNOŚCI BRATERSKIEJ NA ZIEMIACH CZESKICH

Author(s): Markéta Šonková,Aleš Zpěvák / Language(s): Czech Issue: 13/2021

Unity of Brethren (Latin Unitas Fratrum) belongs to the Protestant Church and its origin dates back to 1457, when it was founded by Brother Gregory in Kunvald (in present-day Eastern Bohemia). It was a quantitatively small, but elite church, among its most important representatives were, for example, Petr Chelčický or Václav Budovec from Budov. Among other important members was John Amos Comenius (1592–1670), who was also the last bishop of the Unity of Brethren. The teaching of the Unity of Brethren is based on three elementary postulators, namely, the ideal of faith, love and hope.

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Wpływ informatyzacji administracji publicznej na reformę podziału terytorialnego na przykładzie Estonii

Author(s): Jan Izdebski / Language(s): Polish Issue: 2/2022

Public administration undergoes constant changes in its basic forms of functioning and ongoing organisational structures. The introduced changes result from the necessity of adjusting to changes of scene and realized reforms of regime, which, next to changes in the public administration, concern the whole structure of a given state. The most important regime changes which are also connected with the structure of the public administration include changes in the territorial division of that state. The changes in this area result from social, economic and demographic changes, they are also very often dictated by a change in the legislator’s vision regarding the holistic system of managing public matters and the performance of public tasks. Nowadays, these traditional criteria are overlapped with dependencies resulting from computerisation processes that influence the application of administrative and legal regulations and the forms of the performance of public tasks. The processes also concern the forms of contact and information flow between citizens and public entities. The management of a high level of computerisation in the area of administration processes, as observed in Estonia, allows for making the organisational structures of the state and public administration real while preserving, or even enhancing, the standards of the availability of public provisions and the performance of public tasks.

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On the Possibility of Acquisitive Prescription by the State of Real Properties Unlawfully Seized under the Provisions of the 1944 Agrarian Reform Decree

Author(s): Piotr Fiedorczyk,Anna Stawarska-Rippel / Language(s): English Issue: 4/2021

The subject of this paper are those factual states that occurred on the basis of the agrarian reform decree and concerned the unlawful seizure by the State of palace-park complexes. It was only after the collapse of real socialism in 1989 that the owners or their legal successors obtained an annulment of the decision to seize the property. However, this was, and is, only the beginning of the struggle, as the State Treasury or its legal successors are claiming before the common courts the acquisitive prescription of the property being the subject to the recovery claim. The divergence of at least 20 years in jurisprudence as to the date of commencement of the period required for acquisitive prescription (1980–1991) is an undesirable phenomenon, requiring the adoption of a coherent approach of the courts. Consequently, the authors of this text represent the view that the period of validity of both the Agrarian Reform Decree and the subsequent legal acts, with particular emphasis on the period of validity of the Decree of 1945 (Journal of Laws no. 28, item 321) and then Article 9 (16) of the Act of 1958 excluded the course of the acquisitive prescription in favour of the State Treasury of the agricultural and forestry properties unlawfully seized by the State. This period lasted until 31 December 1991, i.e. until the final date when Article 9 (16) was in force.

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Defence Right of the Accused and the Evidence from Slave’s Testimony in the Roman Criminal Procedure

Author(s): Andrzej Chmiel / Language(s): English Issue: 5/2021

This article presents the question of the accused’s right to defend himself in the light of the prohibition of interrogation of slaves in favour of their masters (quaestio de servis pro domino) expressed both in non-legal texts and in the writings of the jurists of the classical period, and in the imperial constitutions. It has been shown in the paper that the prohibition constituted a quite interesting procedural solution, which, in fact, did not entirely exclude the right of the accused owner to defend himself during the criminal trial. The testimony of the slave his master demanded to be interrogated as part of broadly understood iudicium publicum was therefore regarded as subsidiary (auxiliary) evidence. The admissibility of the evidence from the interrogation of a slave pro domino was within the discretionary power of the judge, the scope of which, however, was in this case statutorily defined. Seemingly restrictive procedural solutions concerning the admissibility of slave testimony introduced in criminal cases in Roman law in various historical periods did not contradict the main procedural principles developed by the Quirites over the centuries and known to this day.

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Punishing the Conclusion of an Invalid Marriage in Poland in 1918–1932

Author(s): Judyta Dworas-Kulik / Language(s): English Issue: 5/2021

The goal of the article is to provide on the theoretical area, above all, a legal historical and a legal comparative analyzes of the criminal-law aspects of contracting marriage in an unlawful manner. As an institution, marriage invalidity functioned both in civil law and criminal law during the interwar period. The role of the criminal law of that time was to enforce the rules following from civil law, so the legislator provided for a criminal sanction against those who violated legally protected interests. Protecting the permanence of marriage was in the interest of not only the individual but also the state. At that time marriage was becoming the basis of the family, the fundamental social structure, upon which society and the state were being built. The family was in charge of public peace and morals, therefore any violation of the permanence and indissolubility of marriage union was tantamount to attacking the rules of social intercourse, which in turn led to an erosion of statehood. Given the foregoing, this article discusses the prerequisites under the marriage law for a marriage to be challengeable, as well as penal sanctions against culprits responsible for the conclusion of a statutorily invalid marriage. The choice of the topic was dictated by the fact that the literature of the subject lacks studies of this issue.

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Liability for Non-material Damage in Hungarian Law in the 19th–20th Centuries in Comparison with Austrian and Polish Codifications

Author(s): Krzysztof Bokwa / Language(s): English Issue: 2/2022

The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.

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Introduction to the Hungarian Cartel Regulation in the Interwar Period

Author(s): Norbert Varga / Language(s): English Issue: 2/2022

WWI significantly influenced the development of private and trade law. The regulation of economic law institutions came up as a necessity. To protect the consumers’ interests, the state interfered with private law affairs and regulated sharking procedures, unfair competition and cartel law. By taking European regulation results into account, cartel regulation organisations were introduced by the Cartel Act; the most important of them was the Cartel Court. This paper shows the most important steps of the antitrust regulation in Hungary’s special attention to the relevant European cartel regulations.

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