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The article discuss the possibilities of reception by the Constitutional court of the Azerbaijan Republic of the institute of general lawyers of the and as a general conclusion, in the Constitutional Court of the Republic of Azerbaijan, it is advisable to use the practice of the Court of Justice in regard to the functioning of the institute of.
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The article considers an overview of the regulations of local authorities in Bulgaria from 1886 to 1948 in terms of their selection, appointment, dismissal and basic parameters of action. Also not skip hierarchical interaction and representatives of local administration with the upper structures of regional government. It also gives a brief historical retrospection of the basics of local government unit of the Liberation in 1878 to the adoption of very important legislation for municipal laws for urban and rural communities in 1886. Extensive attention has been paid and the type of local government, approved by Decree-Law on urban and rural communities by 1934, Constitution of 1947 and the Law of the People’s Councils of next year.
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The UNIDROIT Convention on International Financial Leasing makes international financialleasing more available, regulates the distinctive triangular relationship created by the financial leasing transaction and governs a financial leasing transaction in which the lessor, on the specifications of the lessee, enters into a supply agreement with a third party under which the lessor acquires plant, capital goods or other equipment (the equipment) on terms approved by the lessee so far as they concern its interests, and enters into a leasing agreement with the lessee, granting to the lessee the right to use the equipment in return for the payment of rentals.
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The article deals with some aspects of the existence of an almost totally forgotten body of the State Security System of the Kingdom of Bulgaria – the Supreme Council of National Defence. Resulting from the shift of political layers in the country after May 19, 1934, it was abolished and replaced by other state institutions within a short period of time. Most attention in the article is devoted to the legal regulation of the organization and the activities of the Council. It is concluded that, by its legal status, the Council was an unconstitutional power in the sphere of managing state security. In its essence, it was an institutional continuation and development of the Crown Council – a previous advisory body in the security system.
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The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.
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During the 19th century, Ottoman law was influenced by the West. The Tanzimat reforms marked the beginning of criminal codification in the Ottoman Empire, whose Penal Code was adopted in 1858.It was modern in terms of format and content, and it differed from the penal laws of 1840 and 1851. Its first article stated that it shall not repeal the provisions of Sharia law. This dual nature of the code caused a lot of confusion. The complete replacement of Sharia law with modern European law did not happen suddenly, but gradually. This was necessary for the government to embrace the new ideas and understandings of the modern societies at that time. Therefore, the attempts of the Ottoman authorities to modernize the Empire’s laws,particularly the ONK, cannot be denied.
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The interaction between the national constitutional jurisdictions of the Member States and the Court of Justice of the European Union raises questions that often cannot be answered unequivocally. The focus of this debate is, of course, on the fundamental question of whether European Union law takes primacy over national constitutions. This study presents the jurisprudence of the Court of Justice on the establishment of the principle of autonomy of EU law in relation to the internal law of the Member States in its development, since it is precisely the positions it adopts that allow the Court of Justice to derive the principle of primacy over ‘any provision of internal law’ as a logical and natural consequence of the unique nature of EU law. On the other hand, since this integration activity of the Court of Justice is not the result of a conscious activity of the Member States, legitimated by their constitutions, the inevitable question arises of whether the results of the activity in question do not clash with the main task of the constitutional courts ‒ to ensure a coherent and uniform application of the law within the national legal order and above all in accordance with the constitution. The case law of the constitutional courts of the Member States presented in this study leads to the conclusion that they regard autonomy as a relative characteristic, which is why they reject the principle of absolute primacy of European Union law over constitutional rules. It seems that no constitutional court could abdicate its role as a court of ‘last word’ in this respect.
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This article outlines the history, the nature and the philosophy behind the multilateral transfer agreement signed in Berlin on 19 May 1978 between some socialist countries including Bulgaria (the Berlin Convention). The last part of the article is devoted to the evaluation of the Berlin Convention and its relevance to the present day.
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The good faith, a concept that founded of the humanist thought of antiquity and in whose content the moral and institutional values of historical law merged, is still far from having received the recognition of modern positive law which, as we shall see, has paid far too little attention to the consistency and complexity of its value foundations. Precisely this contrast between its prodigious historical content and what the notion represents in normative law brings with it the problem of the axiological purification of law, asking to what extent the notion serves the legal sciences and above all society. This is why this paper aims to analyse the degree of valorisation of good faith in modern positive law, not before reviewing the overall evolution of the notion in the context of the moral values that have determined its content and purposes.
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Serbestiyet in the classical Ottoman law has a meaning similar to that of the institute of immunity, i. e. immunitas in the feudal law in the West. Not all the owners of the feuds in the Ottoman feudalism (timar system) were entitled to serbestiyet. Entitled to it were only the owners of the zaemet, hases (sultan, viziers, beyler-beys, sanjac rulers, Moslem religious memorials (vaqf), and only a limited number of holders of the right of timar. Their lands therefore had the denomination serbest (free)- Owners of smaller feuds (timars) had no right to serbestiyet, so that their possessions were know as serbest degil or serbestsiz (not free). Holders of the serbest possessions had economic and adminitrative-police immunity, while the holders of the serbestsiz lands had only a limited economic immunity. They were all deprived of judicial immunity, since the right of exerting justice to all, including landowners (spahis) and common people (raya), belonged to the judicial body, namely kadi. Beginning from the eighteenth century, the term serbestiyet is found in Ottoman accounts of travels, in diplomatic, and even in legal acts, meaning „freedom", „autonomy", and the like. These are but new meanings of this term which have developed under the influence of the West-Euro- pean terminology of the times.
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In 64 BC, Pompey officially annexed Syria as a Roman province which was, from times of Alexander the Great and his successors, strongly hellenized. The establishment of Roman rule in Greek-speaking areas including province of Syria did not have as a consequence their Romanization. However, the law school in Beirut was an exception since it was most romanised school of law in Orient. School has its interesting development with three generations of professors, the golden age being period of 5th century. It was the only city apart from Rome and Constantinople where the teaching of Roman law was permitted by the public authority of the emperor and earned the prestigious title of nutrix legum.
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The article is divided into four sections. In the first section, called Preliminaries, we highlight relevant aspects regarding the politico-military organization of Roman Dacia. We specify that the phrase „Roman Dacia“ means one, two or three Roman provinces, depending on the administrative-territorial organizations carried out after Trajan by Hadrian and Marcus Aurelius, respectively, Dacia Superior, Inferior, Apulensis, Malvensis. In section 2, entitled The administrative organization of Roman Dacia, we focus on the analysis of the central and local administrative bodies of Roman Dacia, such as: the governor of the province and the provincial assembly. In section 3, The financial organization of Roman Dacia, we analyze the main taxes from the period of Roman Dacia: direct taxes (such as tributum capitis and land tax or stipendium) and indirect taxes (such as inheritance tax and donations for the operation of salt mines and of iron mines). In the last section, Conclusions, we briefly indicate some elements of contemporary financial law, in which the principles of Roman financial law applicable in the province of Dacia are found in Romanian legislation.
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Procjenjivanje etičkih, pravnih i političkih prilika u nekoj državi pretpostavlja prihvatanje epistemoloških kriterija. Obično su ti kriteriji razlučeni u sedam dimenzija: (1) neznano je saznatljivo; (2) napredovanje je uz iskušenja i pogreške; (3) mjerenja i teorija su nerazdvojivi; (4) analogija omogućuje uvid; (5) nova istina je povezana starom istinom; (6) nadopunjavanja čuvaju od protivrječnosti; i (7) velike posljedice proistječu iz malih izvora. To je primjenjivo za svaki pothvat unaprjeđenja znanja. Potrebno je istaći važnost da ti kriteriji budu s odgovarajućom strogošću primjenjivani na složene uzajamnosti koje se tiču politike, prava i ekonomije. Ovdje će u okviru pitanja o ustavnoj historiji bosanskohercegovačkog društva biti ukazano na neke od najvažnijih činjenica ontotopološke uzajamnosti etike, prava i politike. To znači da je pitanje o tome stanju neodvojivo od druga dva – otkuda i kako je to društvo dospjelo u ovu svoju sadašnjost te kamo i kako iz nje može dospjeti u bolje stanje? Iako je pravo u središtu ove rasprave, njegova nemogućnost izvan etičkog i političkog okvira je to na što valja ukazivati.
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Bosna i Hercegovina ima relativno dugu povijest ustavnog sudovanja. Prvi Ustavni sud u Bosni i Hercegovini počeo je s radom 14. 02. 1964.godine. Nadležnost i sastav se vremenom mijenjao. Počeo je sa sedam sudaca, uključujući i predsjednika, a danas ima devet i međunarodnog je karaktera. Današnja nadležnost je u velikom dijelu posvećena zaštiti individualnih prava građana. Također, međunarodni standardi, posebno Europskog suda za ljudska prava, ono su što garantira istu zaštitu ljudskih prava kao što su ona uspostavljena u državama duge demokratske tradicije i vladavine prava. Osnivanje i početak rada Ustavnog suda Bosne i Hercegovine. Među prvim državama socijalizma koje su u pravni život uvele instituciju ustavnog suda bila je bivša Socijalistička Federativna Republika Jugoslavija, uključujući i uspostavu istih institucija i u svim tadašnjim republikama koje su činile saveznu državu, među kojima je bila i Socijalistička Republika Bosna i Hercegovina.
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U ovom dijelu rada analizira se organizacija pravosudnog sistema u Osmanskom carstvu, pri čemu je posebna pažnja posvećena pravosuđu za vrijeme osmanske vlasti u Bosni i Hercegovini. Iako je osmanska država prošla kroz niz uređenja i preuređenja, neke od glavnih struktura su ostale neizmijenjene. Uvijek je postojao neko ko je bio potpuno odgovoran za upravu države, tj. sultan carevine. Odluke je uvijek razmatrao divanski savjet, dok je konačnu riječ uvijek imao sultan. U začecima carstva, ovaj savjet su činili plemenski starci. Kasnije je on promijenjen tako da je uključivao vojne profesionalce i mjesne viđenije ljude (elitu), poput vjerskih i političkih savjetnika visokog staleža. Članovi divana su nazvani veziri (ministri), kojima je nešto kasnije počeo da predsjedava veliki vezir (premijer), preuzimajući neke od sultanovih odgovornosti. Osmansko carstvo je zapravo bila velika vojna organizacija, koju su zanimala nova osvajanja i ubiranje poreza, te je njen upravni sistem bio oblikovan za osiguravanje ljudstva za vojsku i novca za njeno plaćanje.
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This article deals with the elevation of the administrative status of Jerusalem from vilāya to niyāba and the impact of this transformation on the judicial organization and the appointments in the city. During the early Mamluk period, Jerusalem remained as wilāya, a less significant administrative unit, subordinate to the nā’ib of Damascus. However, in the later eighth/fourteenth century, the city was turned into a separate niyāba, an administrative unit governed by the viceroy (nā’ib al-saltana) of the sultan, and attached directly to Cairo, the political centre of the Mamluks. While the existing scholarship tends to see this change as a manoeuvre against the Crusader threat, this article argues that the foundation of niyāba in Jerusalem was associated with the bureaucratic centralisation of the Mamluk Sultanate and the religious importance of the city. Unlike the Ayyubid politics of fragmented sovereignty between the dynasty members, the Mamluks appointed viceroys on behalf of the sultan to the significant cities of Syria. Therefore, the foundation of niyāba in Jerusalem can be seen as a continuation of this attempt toward the centralisation of the Syro-Egyptian lands. On the other hand, with this change, the Mamluk sultan had the opportunity to express his patronage over Jerusalem in a more powerful way and to control the administrative, judicial, and scholarly realms in the city directly. What is more important in terms of the judicial practices is that Jerusalem was introduced to four chief judgeships (Shāfi‘ī, Hanafī, Mālikī, and Hanbalī) within the thirty-year period after the foundation of niyāba. All these changes meant that the city became bureaucratically more integrated with Cairo so that the Cairene elite were increasingly involved in local appointments of scholars. Moreover, it became increasingly crucial for Jerusalemite scholars to have connections with Cairene bureaucrats in order to secure scholarly positions in Jerusalem.
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The Prophet forbade the visit to the grave to everyone, men and women, in the early years of Islam, as it would lead to inconvenient consequences and cause a number of prohibitions. Scholars are in agreement on this issue. Because at that time, many traditions of ignorance, especially polytheism, were still alive. The Arabs committed acts that led to polytheism in the graves, said bad words, cried shouting, lamented, and boasted about the dead in the graves. Since women are more prone to these negative behaviors, the Prophet specifically forbade them from visiting and made statements containing heavy threats. Most of the scholars later said that the ban was lifted because the commandments and prohibitions of Islam were thoroughly adopted and started to be applied, while some of the people of tabiin argued that the ban continued. And those who say that the ban has been lifted it is divided into two, one part said that it is for all men and women, the other part however, said that the ban has been lifted only for men and continues for women. In this article, first of all, the narrations of the Prophet that encourage the visit to the grave, stating that he and his companions personally visited the grave, will be transmitted and evaluated. Later, the seemingly contradictory narrations that prohibit visiting the grave for women and again state that their visit is not forbidden will be examined, different opinions, sectarian, fiqhi disputes and interpretations put forward to this day about visiting the grave will be transmitted one by one, and will be evaluated by considering the evidences and the reasons.
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The present study aims to offer an integrated vision of the origin, legal nature, and the effects which occur in the field of specific relations of civil law, from the perspective of comparative law by valorizing the specific research methods which define the institution of the right of first offer. Theoretical approaches with practical implications of continental law and Anglo-Saxon law were considered.
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Review of Pierangelo Buongiorno, Giuseppe Camodeca (eds.), Die senatus consulta in den epigraphischen Quellen. Texte und Bezeugungen (Acta Senatus, B: Studien und Materialien – 9), Franz Steiner Verlag, Stuttgart 2021, 458 pp.; ISBN 978-3-515-12604-5
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The purpose of this article is to analyse the image of the family in the Italian Civil Code. This study is carried out from a linguistic point of view. Passages on the family will be analysed in order to present the roles of the man and woman in marriage. The terminological evolution will be shown by comparing the 1942 Code and the 2022 Code. The aim of the study is to point out how the analysis of a legal text can contribute to a better understanding of a country’s culture.
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