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PROTECȚIA DREPTURILOR OMULUI PE TIMP DE RĂZBOI

Author(s): Oana Voica Nagy / Language(s): Romanian Issue: 28/2022

The paper proposes an analysis of the international regulations regarding the protection of the fundamental human rights during armed conflicts. We approach this topic due to the fact that in some parts of the world armed conflicts are still used to settle disputes of different natures. Such conflicts affect the wellbeing of the populations, cause migration and most of the time disregard the importance of respecting the fundamental human rights. We also aim to identify the role of international organizations in protecting the human rights, as they are regulated by international conventions, in those countries which are not part of any treaty or organization. Another goal of the present study is to find out how our state implemented in their national regulations the provisions regarding the humanitarian law that we find at international level. Also, by analyzing these special provisions we will try to point out the importance of this law branch called humanitarian law that became an important part of international public law.

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ANALYSIS OF THE LEGAL PROVISIONS REGARDING THE GENERAL REGIME OF INFORMATION ON ADOPTION

Author(s): Ioana Raluca Toncean Luieran / Language(s): Romanian Issue: 30/2022

Adoption is governed throughout the entire procedure by the principle of confidentiality. But the adoptee's right to know and establish his identity is guaranteed by art. 26 para. (1) of the Romanian Constitution, according to which "authorities respect and protect intimate, family and private life". Interests regarding the information on the adoption can be multiple, and the holders of the request can be both the adopted person and the natural parents or biological relatives. However, access to this information may disrupt the lives of other participants in the procedure. That is why the legislator paid special attention to the general legal regime of information regarding adoption, which is established by special law, respectively Law no. 273/2004 regarding the adoption procedure. The present study proposes an exhaustive analysis of domestic and international regulations regarding information on adoption, as well as the procedure to be followed to obtain it.

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Zmiany językowe i tekstowe w kopiowanych dokumentach cechowych jako przejaw świadomości językowej pisarzy na przykładzie ordynacji z 1661 r.

Author(s): Iwona Pałucka-Czerniak / Language(s): Polish Issue: 39/2022

Linguistic and textual changes in copied guild documents as a manifestation of the linguistic awareness of writers based on the ordinance of 1661 This article is devoted to a specific textual phenomenon present in Polish law and legal documents, namely the linguistic changes resulting from the creation of copies. This phenomenon is presented with the example of the guild ordinance of 1661, compiled for the guild of Krakow brewers. The aim of the presented study is also to supplement the knowledge on the use of language in a small, specialized communicative community. The two texts dated 1661, which became the basis for a comparative analysis, are most likely copies of an earlier document from the 18th century. Their copyists fairly faithfully reproduced the content, which they intentionally modified when they noticed the need to adapt the records to the life of the community. Random and misleading changes occurred, but they were sporadic. The copyist made corrections by condensing the content and omitting unnecessary words. The existing grammatical and graphic discrepancies between the texts, as well as the different approach to the form of the Latin text, usually did not change the meaning of the message. Sometimes contradictory tendencies emerged: to shorten the content and condense information, to preserve the signals of the old age of the text, to modernize the linguistic form, and to adjust it to the changed realities. All of them are a manifestation of the writers’ linguistic, stylistic and functional awareness. It can be concluded that the copying strategy, i.e. duplication of the model text of the guild ordinance genre, included permission to make textual, linguistic and stylistic modifications within a strictly defined scope.

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Organizacija, zadaci i rad narodnih okružnih sudova u Hrvatskoj 1945.

Author(s): Martina Grahek Ravančić / Language(s): Croatian Issue: 2/2023

This paper analyzes the establishment, tasks, and operations of people’s district courts in Croatia in the aftermath of the World War II. Their activities are examined within the context of the circumstances surrounding the creation of the legal-normative framework of the new state. The functioning of these courts reflects the importance of the new legal system, authority, and legality of the new political and social order. People’s district courts in the course of their work had to cooperate with other authorities, primarily public prosecutors, OZN (Department for People’s Protection), and others. Therefore, the research of the people’s district courts’ activities also provides an insight into the operations of related institutions in post-war Croatia.

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THE IMPACT OF RESTORATIVE JUSTICE ON CHILDREN’S LIFE

Author(s): Roxana Topor / Language(s): Romanian Issue: 33/2023

Restorative justice for children is an alternative approach to the criminal justice system, focusing on repairing harm and restoring damaged relationships. This involves restorative justice conferences, reparation programs, victim-offender mediation, counseling and reintegration programs. Core principles include respect for human dignity, active participation of all parties, focus on the needs of victims, accountability of offenders, reconciliation and community collaboration. The aim is to promote the recovery and reintegration of child offenders, providing them with opportunities for change and development, and creating an environment of reconciliation for victims and the community.

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GENERAL ASPECTS REGARDING THE CONTRACTUAL FREEDOM

Author(s): Liliana Marilena Lazăr / Language(s): Romanian Issue: 33/2023

The freedom is the foundation of the law. The subjective right itself implies the notion of freedom. The freedom of the contract, the expression of the autonomy of will are the basis of the principles applicable to the general theory of the contract, so that the formation of the contracts presupposes the existence of the will of the parties, as well as the intention of the contractors to engage lawfully. Under the Article 1169 Civil Code, the parties are free to conclude any contracts and determine their content, within the limits imposed by law, public order and good morals. This paper aims at analyzing the general aspects regarding the contractual freedom.

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Pojęcie prawa u Freuda i Durkheima. Fakt społeczny, obiekt czy tabu?

Author(s): KRZYSZTOF KATKOWSKI / Language(s): Polish Issue: 1/2023

It is the intention of the author of this article to present the theoretical and legal views of Sigmund Freud and Emil Durkheim and to place them in the context of classical texts on political-legal theory. Both thinkers, rather associated with sociology or psychology than with law, treated law as one of the most important reference points in their social concepts. In both cases, we are dealing with the treatment of the social order as transcendent to the empirical individual, and at the same time created by society. At the same time, the law is supposed to impede the emancipation of the individual and to allow the individual to have a real influence on the creation of power structures. At the same time, despite numerous analyses of the theoretical-legal views of these thinkers in the European scientific literature, this is the first such analysis in Polish. In addition to presenting Freud’s and Durkheim’s views, it opens up the possibility of not only situating them among political- -legal theories, but also points to perspectives on the operationalisation of these theories – as well as their possible social implications. To this end, the following article juxtaposes their theories with the traditions of legal positivism as represented by Hans Kelsen and Herbert L.A. Hart – two authors who were inspired by Freud and Durkheim respectively.

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Uwagi o funkcjach świadczenia pieniężnego w świetle nowelizacji Kodeksu karnego z 5 sierpnia 2022 roku

Author(s): Damian Szeleszczuk / Language(s): Polish Issue: 2/2023

The subject of the study are changes in the statutory form of cash benefit resulting from the amendment to the Penal Code of 5 August 2022. The aim of the article is to verify the hypothesis, according to which the essence of the introduced regulations is to strengthen the position of a pecuniary benefit as a repressive and compensatory measure. The adopted solutions mean that the new model of pecuniary benefits breaks away from the political and criminal assumptions that determined the normative shape of this penal measure in the original version of the Criminal Code of 1997.

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Ewolucja szwedzkiego „prawa gospodarczego”

Author(s): Beata Sagan,Stanisław Sagan / Language(s): Polish Issue: 334/2022

This study looks at the evolution of Swedish “economic law.” This branch of law formally does not exist in Sweden. The development of “economic law” in Sweden stems from contract law, and in recent decades, since the 1970s, there has been a noticeable development in commercial and economic law. The aim of the study is to describe the basic normative acts that constitute the foundation of Swedish contract law as well as commercial and economic law. By their nature, practical Swedes, in parallel with the development of legislation, have established bodies and institutions that allow for institutional protection of consumer rights and good practices in trade and services. It is an exceptionally effective and efficient mechanism. It allows the majority of disputes in the economy to be resolved amicably. Currently, the most dynamically developing part of Swedish “economic law” is related to consumer protection law and competition law. At the same time, the process of improving out-of-court dispute resolution between business entities and consumers is taking place.

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Prawne kształtowanie się samorządu narodowościowego na Węgrzech na przełomie XX i XXI wieku

Author(s): Jarosław Dobkowski / Language(s): Polish Issue: 333/2021

The article deals with the genesis and legislative evolution of the legal basis for the functioning of national self-government in Hungary during the political transition period. The issue is important because Hungary is one of the few countries with a model of so-called personal autonomy, and therefore national minority associations have a public-law character. Similar assumptions also guided the organizational and legal solutions found in Poland during the interwar period, which has also been presented. This is only one option of the legal and organizational position of national minorities in the state, the general characteristics of which are also the subject of the study. Hungary is also the only country with a multi-level Polish national government.

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Principiul interesului superior al copilului – un panaceu al dreptului european

Author(s): Crina-Maria Stanciu,Ana-Maria Goldan / Language(s): Romanian Issue: 2/2023

The concept of child's best interests, often criticized on the occasion of its broad and vague use, can open the way at the time of interpretation, to many theories and ideological positions. In this regard, the professor of french origin Jean Carbonnier uphold that the best interest of the child represents ”the magic formula of the jurists” and that ”is risking to became a tautology”. At the same time, the concept invoked it contributes, in its own way, to the expansion of the European judges's discretionary power, in cases that involves minors, considering that it also fulfills a buffer function. This work emphasizes an interdisciplinary approach to the concept and offers a valuable comparison between European and national jurisprudence, which highlights the way of resolving disputes involving the concept in question. Is there a common approach of the European courts regarding compliance with the principle of the child's best interest? Does the principle constitutes a remedy aimed to protect the person of the child or to protect his interests?

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Proces Walerego Sławka. Przyczynek do działalności sądów wojskowych w Królestwie Polskim w czasie rewolucji 1905 roku

Author(s): Jacek Legieć / Language(s): Polish Issue: 1/2020

After an accidental bomb explosion in June 1906, Walery Sławek – one of the most important leaders of the Combat Organization of the Polish Socialist Party – was seriously wounded. Doctors managed to save his life, however, he was arrested and awaited trial in court-martial. As a result of this process he was acquitted. The article presents the course of Sławek’s trial based on court documents. This example argues that even during the revolution, under the conditions of the state war, the accused could count on a fair trial. A lot depended here on the judge’s attitude who sometimes managed to resist political pressure and judge according to the letter of the law.

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Sprawozdanie z Ogólnopolskiej Konferencji Naukowej „Kodyfikacja prawa w II Rzeczypospolitej – sukcesy i porażki”, Lublin, 10 maja 2018 r.

Author(s): Marek Mierzwa,Kamil Bradliński,Krzysztof Niewęgłowski / Language(s): Polish Issue: 1/2019

Setna rocznica odzyskania przez Polskę niepodległości przypadająca na 2018 r. stanowiła doskonałą okazję do podjęcia dyskusji dotyczącej historii tego okresu, zwłaszcza w kontekście przemian prawnoustrojowych.

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KRIVIČNO PRAVO ZA VRIJEME SREDNJOVJEKOVNE BOSNE I OSMANSKE UPRAVE: KOMPARATIVNA ANALIZA I TRANZICIJA

Author(s): Haris Silajdžić / Language(s): Bosnian Issue: 31/2022

The aim of this paper is to present criminal law and criminal procedure in the medieval Bosnia and the Ottoman administration in Bosnia. The paper will refer to the classical period of Ottoman administration, so the development of law related to the period of reforms and the Tanzimat is not the subject of this paper. When we mention criminal law and criminal procedure, we think of sources of criminal law, types of criminal offenses and the procedure that was conducted in the courts. In addition, this paper will present a comparative analysis between medieval Bosnia and the Ottoman Empire in terms of the sources of criminal law, types of criminal offences and criminal procedure. The last chapter of this paper will present period of transition from one system to another. Author used dogmatic-normative, historical and comparative method in process of writing this paper. In addition to all these methods, author used method of classification and method of description.

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CANONICAL JURISPRUDENCE IN THE KINGDOM OF BOHEMIA IN THE MIDDLE AGES

Author(s): Pavel Krafl / Language(s): English Issue: 3/2023

During the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.

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JUDr. Emila Hácha - muž politicky neangažovaný?

Author(s): Jiří Jirásek / Language(s): Czech Issue: 1/2023

Was the first president of the Supreme Administrative Court, Dr. Emil Hácha, really without interest in political events, without political involvement, political experience and power ambitions? And what led the politicians of the Second Czech-Slovak Republic to elect him to the constitutional and political position of head of state?

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Keby stál Emil Hácha pred národným súdom v Prahe

Author(s): Alexandra Letková / Language(s): Slovak Issue: 1/2023

In the article, the author deals with the issue of social rehabilitation of Emil Hácha. We believe that it is necessary to decide on such a question taking into account the contemporary perception of Hácha, both from the point of view of society and from the point of view of the court before he would be prosecuted. The National Court in Prague paid a lot of attention to Hácha and in some trial proceedings evaluated his actions in great detail, so it is possible to draw a conclusion on the basis of other proceedings as to what the verdict in the case of Emil Hácha would look like.

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Osobný spis pre Emila Háchu

Author(s): Juraj Vačok / Language(s): Slovak Issue: 1/2023

The paper provides completely new information about the still unprocessed personal file of Emil Hácha, which is stored in the Slovak National Archive in Bratislava in the fund of the Supreme Administrative Court. It contains personal documents related to the performance of Emil Hácha‘s judicial activities.

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ЗА НАКАЗАТЕЛНАТА ОТГОВОРНОСТ НА CIVITATES В РИМСКОТО ПРАВО

Author(s): Juan Manuel Blanch Nougués / Language(s): Bosnian Issue: 1/2023

The article addresses the issue of criminal and civil liability of legal persons from the point of view of classical Roman jurists. The issue was raised in relation to crimes committed by municipal rulers. Pursuant to D. 4.3.15.1; D. 4.2.9.3 and D. 43.1.64.4. the jurists distinguished between the criminal responsibility of the decuriones perpetrators of the crime and the civil responsibility of the municipes for the enrichment of the civitas for these crimes.

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ПОНЯТИЕТО ЗА VIS МЕЖДУ ЧАСТНОТО ПРАВО И НАКАЗАТЕЛНОТО ПРЕСЛЕДВАНЕ

Author(s): Francesca Reduzzi / Language(s): Bulgarian Issue: 1/2023

In this paper, I will highlight the various connotations of the term vis, specifically its meaning in Roman private law and in public law. In doing so, I will address the evo-lution of the concept of violence starting in the times of the Republic and throughout the Principate, up to the considerations given by Isidore of Seville.

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