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Ustawodawstwo antyalkoholowe na ziemiach polskich i za granicą z perspektywy polskojęzycznych periodyków abstynenckich z lat 1843-1914

Author(s): Izabela Krasińska / Language(s): Polish Issue: 26/2021

The Polish-language abstinent periodicals appearing from 1843 in the Grand Duchy of Poznan, Galicia, and the Polish Kingdom, and issued abroad by the Polish communities (Germany, the United States), did not enjoy much interest among historians, medical historians, or press experts. Only recently have they been the subject of a monographic study. In addition, the abstinence press can also be a source of valuable information for legal historians. The creators of these articles wrote, among others, about the anti-alcohol legislation in the Polish territories of the three partitions and in the rest of the world. They informed readers not only of the well-known and disseminated prohibition, but also less well-known decisions of the authorities regulating the production, sale, export, import, and consumption of alcohol, such as ‘lokalopacja’, the Pollard system, or the Göteborg system. In Poland, at that time, the monopoly of alcohol sales or propination also did not escape the attention of the creators of these abstinent periodicals.

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PARTICULAR ASPECTS RELATING TO THE FREE MOVEMENT OF WORKERS

Author(s): Anca Ileana Duşcă / Language(s): Romanian Issue: 34/2023

The principle of the free movement of persons is supported in its application, both on the control of national legislation by the institutions of the European Union, and on the adoption of texts harmonizing national legislation by or on implementation of their economic policy. Equality of tretment implie, for each member state, the assimilation of European foreigners with their own citizens, so that they benefit from the same rights as the citizen of the state. In particular, the following rights are taken into account; the right to family reunification aimed at EI citizen and cildren under the age of 21 in the care of their parents; the right to professional trening, in relation to which the Court of Justice specified that acces to trening cannot be closed to nationals of other member states or subordinated to conditions non required of nationals; the right to legal protection, in relation to which the Court stated that the principle of non discrimination prevents a member state from subjecting the granting of a right to the national of another member state to conditions which are not required of nationals.

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FROM THE QUAESTORES PARRICIDII TO THE REPUBLICAN QUAESTOR. JUDICIAL INVESTIGATION IN THE ARCHAIC PERIOD

Author(s): Javier Núñez / Language(s): English Issue: 1/2023

The aim of this article is to deal with the institution of the quaestores parricidii, a figure as ancient as it is obscure, which has given rise to a profound debate on basic questions, such as its origin, its competences and the way in which it was elected. These and other questions, especially the judicial functions they held during the monarchy and the first centuries of the Republic, as well as the connection with the figure of the republican quaestor, will be the focus of this article. Questions such as: why was the office of quaestor instituted?, when?, what did the investigation of the parricidum consist of?, are the quaestors parriciddi and the republican quaestors the same figure?, will serve to guide the debate and bring internal coherence to it. Questions that, on the other hand, the doctrine has been unable (or unwilling) to answer unanimously.

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FURTUM И ОПИСАНИЕТО НА ОТКРАДНАТИТЕ ПРЕДМЕТИ В IN VERREM 2.4 ОТ ЦИЦЕРОН

Author(s): Thomas D. Frazel / Language(s): Bulgarian Issue: 1/2023

Cicero portrays Verres here in ways that are strikingly similar to those that would be used against a thief in a civil proceeding: he emphasizes that Verres carried off goods, characterizes Verres’ purchases as forced sales, and describes the stolen objects in a spare manner like the one used in theft accusations. Cicero’s matter-of-fact descriptive mode also plays a key role in his own self-presentation as an informed, but not enthusiastic, consumer of art, unlike Verres. The spare descriptions thus reinforce Cicero’s ethical strategies.

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НАРУШЕНИЕ НА АВТОРСКИТЕ ПРАВА ПРИ СВОБОДНОТО ИЗПОЛЗВАНЕ НА ПРОИЗВЕДЕНИЯТА

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 1/2023

The topic of this article is devoted to the "institution of free use" of author's works. It clarifies the essence of use, both in national legislation and in international treaties. The every hypothesis from the cases of free use of the works without the author's consent without and with payment of compensation, provided for in the law, has been analyzed. There are presented arguments regarding the need to regulate parody as a form of free use and its inclusion in the specified regulations. A comparison is made between the "institution of the “free use" and that of "fair use" established in the countries of the Anglo-Saxon legal system. In parallel, the cases of violation in the permissible use of the objects of the copyright are indicated. The elements that form the factual composition of the copyright infringement and give rise to the tort liability of the infringer are presented. The civil law order for the protection of the violated exclusive right has been examined.

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ДЪЛЖИ ЛИ СЕ ОБЕЗЩЕТЕНИЕ ЗА НЕИМУЩЕСТВЕНИ ВРЕДИ ПО РЕДА НА ЧЛ. 1, АЛ. 1 ЗОДОВ ОТ ОТМЕНЕНА КАТО НЕЗАКОНОСЪОБРАЗНА ЗАПОВЕД ЗА ПРЕКРАТЯВАНЕ НА СЛУЖЕБНО ПРАВООТНОШЕНИЕ

Author(s): Irina Bogdanova / Language(s): Bulgarian Issue: 1/2023

The present article attempts to offer a solution to the much-debated case law question of whether based on Art. 1 from the State and municipalities liability for Damages Act compensation should be awarded for non-property damages resulting from an annulled as illegal order for the termination of an official legal relationship. This is why at the begging of the paper some light is shed on the arguments in case law supporting the two conflicting thesis. The problem emanates from the fact that most special laws in such cases provide a right to compensation in an amount limited to the amount of monthly emolument received by the official. This places especially sharply the question of whether the special laws envisioning limited responsibility exclude initially the possibility of demanding remuneration for non-pecuniary damages under the general law in such instances. At this rate, some critical remarks have been made regarding the „lex specialis derogate legi generali“ rule and its application. Then some detailed considerations are developed regarding the fact that the limited liability in those cases regulated by special laws concern only the compensation for property damage, which is why there is no "special way" for compensating non-property damages. A conclusion is formed that insofar as an unlawful termination of the official legal relation could cause, in addition to property, also non-property damages, there is hardly any reason why such damages should not be awarded following Art. 1, para. 1 State and municipalities responsibility for damages Act.

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INIURIA КАТО ФОРМА НА СЕКСУАЛНО НАСИЛИЕ

Author(s): Velina Stoyanova / Language(s): Bulgarian Issue: 1/2023

The Roman law of delicts is particularly developed and serves as an inspiration for many modern Roman codifications. The catalogue of delicts is rich, but of particular interest in the present work is the iniuria as a type of delicts. This institute is undoubtedly very modern for its time and modern permissions relating to violations of the individual's integrity strongly resemble it. However, not enough attention is brought to the problem of iniuria as a form of sexual violence. The task of this paper is to clarify the institution in this light through linguistic, historical and textual analysis.

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THE ROLE OF INSOLVENCY PROCEEDINGS. THE CONCEPT AND CHARACTERISTICS OF THE INSOLVENCY PROCEDURE

Author(s): Daniela Pîrvu / Language(s): Romanian Issue: 34/2023

Insolvency means "that state of the debtor's patrimony which is characterized by the insufficiency of funds available for the payment of certain, liquid and enforceable debts" (art. 5, point 29 of Law no. 85/2014). Most traders see insolvency as the end point of the business - a moment when the company is assaulted by creditors, and the only option left is bankruptcy or closure of the company. Indeed, in some cases, insolvency is one of the symptoms of a non-performing business, however in many situations the inability to pay is just the result of an unfavorable situation that any trader can encounter, even those who have a viable business (for example customers do not pay their debts on time, sources of financing become unavailable, etc.). The difference between insolvent companies that survive on the market and those that disappear is the managers' ability to quickly identify the resources needed for recovery. Solutions must be sought primarily in the economic sphere and always involve profound changes in the way society functions; however, the other instruments that can facilitate a faster recovery of the society in difficulty should not be neglected.

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The College of Agriculture of the Jagiellonian University in Krakow (1890–1923) as an Example of Special-Purpose Education: The Legal View

Author(s): Magdalena Pyter / Language(s): English Issue: 3/2023

The article focuses on the education of specialists in the field of agriculture on the example of the College of Agriculture of the Jagiellonian University in Krakow. The aim is to present the organization and operation of the College within the legal setting of the time. The text has been divided into two parts. The first concerns the period from the establishment of the College of Agriculture (i.e., from the end of the 19th century) to the end of World War I, when the university in Krakow was supervised by the Imperial and Royal Ministry of Religious Affairs and Education in Vienna. The second part is devoted to the period of operation of the College after regaining independence in 1918. The research has demonstrated that the College of Agriculture was an original and innovative solution among the institutions of higher education of the time. The curricula, designed both during the Austro-Hungarian rule and in independent Poland, guaranteed a fully professional education. The novelty was that the college students were also trained in law, political sciences, economics, and management; in other words, they graduated as modern agricultural managers. These conclusions represent a scientific value and demonstrate the originality of the research. Given that the research covers the domain of higher education system, it has an international reach.

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The historical values of legal reality

Author(s): Roberta Ploscă / Language(s): English Issue: 76/2022

Explaining law, from a historical perspective, is opportune and useful in order to understand its essence. The possibility of knowing law must be accompanied by the integration of the historical phenomenon in determining reality. Undoubtedly, the understanding of legal reality is conditioned by the recourse to historical sources whose role is noteworthy in changing the life of law. The broad content of history, the diversity of circumstances of this kind reveal their influence and, therefore, their importance in the mobile construction of law. The creation of law can be perceived as a consequence of the effects of a concrete historical fact that configures, in time, a distinct legal phenomenon. The legal orientation actually follows the social-historical and political trajectory of each society. This relation of law to history is permanent. The harmonization of current law with all past events ensures the creation and proper application of the social-legal norms.

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Die Armenfürsorge als Rechtsproblem in der Österreichischen Monarchie

Author(s): Zdeňka Stoklásková / Language(s): German Issue: 2/2023

This study examines the origin of legal tools for the creation of systematic poor relief in the Austrian monarchy from the period of Joseph II. It is possible to find a certain kind of legal protection for Austrian state citizens in Joseph’s Civil Code from 1786 and in the General Civil Code from 1811. The paper analyses the legal principles leading to the establishment of the home community principle for Austrian state citizens, which was essential for providing aid to the poor. Attention focuses on an interpretation of problematic legal terms such as “home settling” or “häusliche Niederlassung“, the implementation of which was resolved in legal disputes between state authorities. The author discusses the decrees of the Supreme Court of Justice in Vienna from the last quarter of the 19th century which concerned disputes between municipalities relating to the reimbursement of the costs of poor relief.

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In XII minuendi sumptus sunt lamentationisque funeris – sed ea non tam ad religionem spectant quam ad ius sepulcrorum: Restrictions on Funeral Luxury in Rome

Author(s): János Erdődy / Language(s): English Issue: 2/2023

The legal attempts to curb funeral lavishness and extravagance come into two groups: the first includes the provisions of the Law of the XII Tables, the second the lex Cornelia sumptuaria (81 BC), and the leges Iuliae sumptuariae (46 BC, 18 AD) (Rotondi, Sauerwein). In this presentation, the focus is drawn to the provisions in the XII tables. In ancient law, funeral sumptuousness was mainly regulated by the Law of the XII Tables. Prior to the early Republic, some restrictive measures appeared in the so-called leges regiae. Spectacular, artistically designed, and expensive funeral ceremonies and processions were not far from the Roman thought. As a result, the provisions on Table X restricting these lavish ceremonies could be considered as direct precursors of leges sumptuariae (Sauerwein) since the immoderate spending constituted a substantial and profound social problem, even though this excess was available only to the upper class. The casuistic and detailed rules of the XII Tables suggest that the extravagance of funerals and burials could not be categorically severed from the worship of the gods. Therefore these rules are directly related to religio. The sources include Cicero’s texts in De legibus, Polybios’ detailed account of Roman funeral rites, and Pliny the Elder’s reports on funeral customs. These texts show that many rituals were associated with worshipping the gods and sacrificial rites. This circumstance underpins the religious origin and character of these rules. At this point, however, interesting questions arise from this observation. Why is the ius sepulcrorum linked with religio? Did the proper worship of the gods serve as a sufficient justification for more intensive obedience?

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Considerații pe marginea identificării „procuratorilor” dinactele medievale și premoderne din Transilvania

Author(s): Susana Andea / Language(s): English,Romanian Issue: 62/2023

The documents relating to medieval and pre-modern Transylvania indicate the existence and perpetuation from antiquity of a judicial practice of representation at trials by means of „proxies” (procuratores) designated by the authorization letter (litterae procuratorie). The term procurator was used in parallel with its synonym meaning lawyer (advocatus), being preferred and used with a much higher frequency. The nomination of someone as proxy/assignee was initially witnessed by the places of authentication, later secular institutions get priority. Noblemen frequently appointed educated, specialized, professional people in this position. Initially in small numbers, they come to constitute a social category during the time of the Principality, in numerical and material ascension both at the level of counties and seats and at the urban level. The other large category of legal proxies was occasionally constituted, depending on the circumstances, from family members and their relatives, supplemented by servants, familiars, local rulers, bailiffs, or village judges, sometimes even by serfs living on the estates, by exception.

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„Przypadki klerykalizmu” wśród słuchaczy Szkoły Prawniczej w Szczecinie (1950–1951) oraz ich dyscyplinarne następstwa

Author(s): Paweł Kaźmierski / Language(s): Polish Issue: 26/2023

In 1946, the authorities of the so-called People’s Poland decided to allow graduates of secondary law schools, specifically those established by the Minister of Justice, to administer justice. Graduates of these schools did not hold a university law degree, nor had they completed judicial training. Before beginning their education in such schools, most students had completed only seven years of primary school. Szczecin Law School operated from 1950 to 1951. The education offered there was strongly ideologized in the spirit of Marxism-Leninism. Students who demonstrated or declared religious faith were met with strong reactions from school management, including disciplinary consequences in the form of expulsion from the school. As such, the present paper aims to discuss “cases of clericalism” among students of Szczecin Law School by analyzing the school’s archival records held in the State Archives in Szczecin. It is important to note that, in a short period of time, graduates of this school often took high office within the local judiciary. They also constituted the majority of members of the “Group of Agitators”, a section of the Polish United Workers’ Party at the Voivodeship Court in Szczecin.

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Prawne aspekty struktury ustrojowej i działań operacyjnych prowadzonych wobec Kościoła Katolickiego przez Urząd do Spraw Wyznań w latach 1950–1975

Author(s): Bartosz Nowakowski / Language(s): Polish Issue: 26/2023

The aim of this paper is to critically discuss Michał Krawczyk’s monograph titled Struktura organizacyjna i działalność Urzędu do Spraw Wyznań w latach 1950–1975 – wybór archiwaliów z wprowadzeniem (Organizational structure and activities of the Office for Denominational Affairs in the years 1950–1975), published in 2022, taking into account other relevant research. Krawczyk’s monograph presents selected sources from the rich archival material stored in the Archives of Modern Records in Warsaw. The material pertains to the organizational structure of the Office and its subsequent transformations, its supervision of domestic denominational administration, the formal scope of powers of its individual units and the content of legal acts issued by this body. The sources also provide insight into the Office’s actual goals and the methods used to achieve them. The presentation of these source materials makes a significant contribution to the research on the Office for Denominational Affairs, which – despite the publication of some important works – is still at an early stage.

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“Common Law” Hukukunun Gelişimi

Author(s): Fikriye Erkul / Language(s): Turkish Issue: 2/2023

The concept of "common law" generally corresponds to "customary law" which forms the basis of Turkish legal tradition. In our study, the origins of the legal systems developed in continental Europe and the legal traditions on which they are based are discussed. It has been observed that the "common law" in continental Europe differs significantly from the Roman legal system. Our study also aims to compare the European and Ottoman-Turkish legal systems within the framework of the common law, and it has been determined that there are significant similarities between them.

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Osmanlı Devleti’nde Köleliğin Askeri, İktisadi, Sosyal Ve Hukuki Çerçeveleri

Author(s): Yücel Öztürk / Language(s): Turkish Issue: 2/2023

Slavery is an important litmus paper in determining the layers and stages of human evolution. Slavery, which had a social and economic function in all societies from the First Age to the Modern Age, was one of the most important elements of Ottoman state and social life. Strong emphasis is placed on the contradiction between the concept of slavery being pushed out of human value systems and its acceptance as a natural fact of creation in all beliefs and cultures before the Modern Age. On this occasion, attention was drawn to the concept of cultural time. In the study, the cultural basis of slavery in the Ottoman Empire was touched on, and the military, economic, social and legal frameworks of slavery were analyzed on a micro scale.

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«Колаборація», «колабораціонізм», «співпраця», «колабораційна діяльність»: історичний та кримінально-правовий виміри термінологічного плюралізму

Author(s): M. Rubashchenko / Language(s): Ukrainian Issue: 162/2023

The article is devoted to the analysis of historical and law origins of terminological pluralism in the reflection of the cooperation of the population with the occupier. The relevance of the presented material is due to the addition of Article 1111 of the Criminal Code of Ukraine on collaborative activities, the presence of terminological diversity in historical, law, sociological research and legislative work, as well as the ongoing occupation of part of the territories of Ukraine by the Russian Federation.. The aim of the article is to shed light on the genesis of the terminological pluralism that refer to various forms and types of interaction between the population and the occupier (cooperation, collaboration, collaborationism, collaborative activity) and to study the possibility and expediency of their projection on the law dimension. The research strategy involves the use, first of all, of general scientific methods of cognition. The main role in achieving the goal of the article was played by a special historical method and methods of linguistic research. In the process of research, it was established that the main reason for terminological pluralism is the attempt to distinguish different types of interaction with the occupier depending on their ideological and motivational characteristics, circumstances and context of interaction. This, in turn, is connected with the "hellish" complexity of the problem of collaboration with the occupier. It is concluded that the term "collaborative activity" introduced in criminal law is not successful in view of the existing historical approaches and linguistic aspects of borrowing foreign words. The need to consider collaborationism as a generalized concept denoting the natural phenomenon of cooperation with the occupier is substantiated. Determining the breadth of collaborationism is a matter for lawyers. This phenomenon should be considered primarily in the legal sphere. Everything that is beyond legal condemnation cannot be recognized as a component of collaborationism.

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SPRÁVNÍ KOUSEK MINISTRA HOCHENBURGERA. RAKOUSKÁ JUSTICE A ČESKO- -NĚMECKÉ VYROVNÁNÍ PŘED PRVNÍ SVĚTOVOU VÁLKOU

Author(s): Martin Klečacký / Language(s): Czech Issue: 1/2019

The paper focuses on the so-called Hochenburger Ordinance, especially on circumstances pertinent to its issuance, which, in consequence, led to disruption of Czech-German compromise talks in summer and autumn 1912. A language dispute at the District Court in Teplice, provoked by Czech judge Karel Frypés, was used by the justice minister to enforce the role of the Court President, who, according to minister’s intentions, could change the work schedule at any time and assign the problematic cases to himself. A personal involvement of justice minister Victor Hochen-burger and the timing of the ordinance support the assumption that its real purpose was to impede or disrupt the progress in compromise talks. The attention is paid also to the situation in the Austrian justice administration that was matter of interest from both Czech and German political parties and whose problems (language, personnel, or organisational) frequently influenced the course of compromise talks, as well as to the personality of the Czech judge Karel Frypés.

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Ženski zapor na Igu, 1956–1967

Author(s): Jelka Piškurić / Language(s): Slovenian Issue: 2/2023

The article discusses the operation of the women’s correctional facility in Ig in the first ten years of its existence, the living conditions, different forms of re-education work for the convicts and the economic units in which the convicts worked. Female convicts came to Ig in July 1956, specifically to the castle building that had previously housed male convicts. Though the building was partly renovated upon the women’s arrival, it was soon apparent that it could not provide optimal conditions for the accommodation of convicts and re-education work. The view on convicts’ re-education and of the importance of manual labour in re-education started to gradually change in the 1960s. For selected convicts, a less restrictive regime of serving sentences had been introduced as early as the late 1950s.

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