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Kompetencje Adwokata Ludu w Rumunii.

Author(s): Viktoriya Serzhanova / Language(s): Polish Issue: 3/2015

The paper’s objective is to analyze the tasks and the detailed scope of competences of the Romanian Ombudsman called the People’s Advocate, who was created to protect rights and freedoms of the Romanian citizens and persons residing on the territory of Romania. This task is exercised by the Ombudsman with the help of certain legal instruments which he has been equipped with and which enable him to examine if the violation of rights has been committed by widely comprehended public administration authorities. In case such violation has occurred the People’s Advocate is entitled to conduct a proceedings aiming at redressing the wrong and materialize exercising the rights guaranteed to an individual by the Constitution, laws and international legal acts. The analysis of the People’s Advocate’s competences is also made from the perspective of the object and subject of his activity. This complex approach allows to precisely determine not only his rights but also his duties in the field of the protection of human rights exercised by him, as well as to estimate the level of their observance. It also enables to state if the model of Ombudsman introduced in Romania, which is a rather new institution, not known in its political system before, will become an effective one within the exercised by him tasks and if it will take root in the contemporary government and politics of the state.

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Історія та перспективи формування спеціалізованої трудової юстиції в Україні.

Author(s): Svitlana Zapara / Language(s): English Issue: 3/2013

The article reveals historical and legal aspects of labour justice establishment and development in Ukraine. There is no specialized labour justice in Ukraine. At the same time, since the proclamation of the country’s independence the reform of national judicial system has been continually discussed and is still topical. Is spite of repetitive attempts to change the situation according to call of the times, the system aimed at protection of citizens’ rights, freedoms and interests still needs improvement. According to the Constitution of Ukraine human beings, their life and health, honour and dignity, inviolability and safety are the highest social value, human and civil rights and freedoms determine the essence and orientation of governmental activities. So there is a need for establishment of a judicial system capable to protect, the right to work. The above mentioned facts suggest that a historical and juridical analysis of the process of labour justice establishment in Ukraine needs to be carried out. As it is defined in the Basic Law, the system of courts of general jurisdiction in Ukraine is based on the principles of territoriality and specialization. Thus, specialization of courts is one of the factors of development of Ukraine’s justice. Labour justice, as a rule, is an element of judicial branch of power in most countries all over the world. In Ukraine, however, labour disputes are tried by courts of general jurisdiction. Some labour disputes, namely collective labour disputes, remain beyond the national system of justice. Thus, the aim of the publication is to study historical heritage of establishment and development of labour justice in Ukraine.

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ІMAGО IMPERII. ЗА ХРИСТОС, КЕСАРЕВИЯ ДЕНАРИЙ И ИМПЕРАТОРСКИЯ КУЛТ ПРЕЗ ПРИЗМАТА НА АНТИЧНАТА ПОЛИТИЧЕСКА ТЕОЛОГИЯ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 1/2024

This paper offers an overview of the relationship between Christianity and the Roman imperial cult through the lens of the idea of the use of political theology as an immediate governing ideology in Antiquity. To do so, I turn to Carl Schmitt's conceptual apparatus and place it in the context of the first princeps, Octavian Augustus, receiving divine honors for the "miracle" of enthroning peace and security in the Empire. In order to establish the origins of these processes and their proximity to the ruler-religious practices of the time (especially as they relate to the legacy of Alexander the Great), the emergence of the cult during the Roman civil wars in the last century of the old era is reviewed. The main theses of the biblical school of 'imperial criticism', formed around Richard Horsley and exploring the New Testament messages in their Roman context, including with regard to the clash between Christian preaching and the official propagation of the imperial cult, are presented. This conflict is explored in the conclusion through an analysis of Christ's response to the rendering of the caesarian denarius, which can reasonably be assumed to have carried the symbolism of the imperial cult. In a paradoxical way, the Son of God, it turns out, holds in his hands the "icon" of the imperial cult, and must rule, in addition to on the relation of civil and religious duties, on the claim of making Roman emperors into earthly gods.

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РИМСКОПРАВНАТА ТРАДИЦИЯ КАТО ОСНОВА ПРИ ИЗУЧАВАНЕТО НА ВЛАДЕНИЕТО В СРАВНИТЕЛЕН АСПЕКТ

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 1/2024

The article is dedicated to asst. prof. Theodor Piperkov. It examines the importance of the Roman legal tradition in the study of the possessio and the conceptual framework that is created in the context of modern law in the light of comparative analysis with the legislations of other European countries.

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ПРЕТЕНЦИЯТА ЗА НЕОСНОВАТЕЛНО ОБОГАТЯВАНЕ, ИЗВЪН ОБЕЗЩЕТЕНИЕТО ЗА ВРЕДИ ПРИ ДОГОВОРНА ИЛИ ДЕЛИКТНА ОТГОВОРНОСТ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2024

This article examines issues related to a heavy construction recently proposed in the Bulgarian doctrine, called "delict condition" and its manifestation in practice/ its applicability. Presented as a new source of bond claim, it provides the possibility, in addition to compensation for damages from an illegal behavior, to encroach on the property of the defaulting party to the contract (or the delinquent) in order to supplement the property of the party affected by the offense through conditional (of unjust enrichment) claim. A recent act of the ECtHR is commented on, which can be attributed to the hypotheses of the "delict condition". Examined through the lens of Article 4 of the Convention, whether it establishes a positive obligation to enable victims of human trafficking to seek compensation for lost earnings from their traffickers and under what circumstances such a positive obligation may be avoided in respect of income obtained by the victim through prostitution and taken by the trafficker.

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ПРОЯВЛЕНИЯ НА ANIMUS DOMINI СПОРЕД БЪЛГАРСКАТА ПРАВНА ДОКТРИНА И СЪДЕБНА ПРАКТИКА

Author(s): Ventsislav L. Petrov / Language(s): Bulgarian Issue: 1/2024

The article examines the notion for animus domini in Bulgarian law doctrine and in Bulgarian court practice. The different cases of manifestation of animus domini are analyzed. The author’s thesis is that the most suitable is the wide view for this notion – it includes all cases in which a person holds a movable or an immovable property for himself, without obligation to give it back or to give it to another person.

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ПО НЯКОИ ВЪПРОСИ ЗА ЗАСТРАХОВКА НА ЕМИСИЯ ОБЛИГАЦИИ, ИЗДАДЕНИ В УСЛОВИЯТА НА ПЪРВИЧНО ПУБЛИЧНО ПРЕДЛАГАНЕ

Author(s): Delyana Borislavova / Language(s): Bulgarian Issue: 1/2024

Insurance on an issue of primary issued book-entry bonds can provide protection to bondholders against the risk of the issuer defaulting on a monetary obligation. Bulgarian national legislation does not explicitly provide for this method of security, but it is permissible in accordance with the application of the principle of freedom of contract. This paper examines the possibilities that this insurance contract should provide to bondholders in order to make the bond issue more attractive to investors in Bulgaria through the prism of the national and European legal framework. The insurance product also has the function of helping to enhance the credit rating of the bond issue. A consequence would be to facilitate the issuer in its task to raise funds through the bond market.

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XVIII. Yüzyıl Amasya’sında Hukuk, Kadın ve Şiddet

Author(s): Merve Karakulak / Language(s): Turkish Issue: 1/2024

Ottoman society’s perspective on women and legal practices regarding women were determined by two main traditions: Hanafi/Sunni school of law and Old Turkic law. The ancient Turkish social order and law ensured women’s social visibility and a balanced status in patriarchal society. When compared to Islamic law, it can be said that it is a more egalitarian model in terms of women’s status. The increasing influence of Islamic law in the Ottoman social order and state structure from the end of the fifteenth century also affected the status of women. Considering the differences between rural areas and cities in the context of social visibility, a certain regression can be mentioned, but women’s legal rights such as litigation, inheritance and divorce were systematically implemented. However, in the Ottoman social order, especially in Central Anatolian cities such as Amasya, which was chosen as the sample population in this study, the continuity of violence, regardless of class, status and identity, has become commonplace almost since the first quarter of the sixteenth century. Those who committed violence were given different names such as Celalis, mültezim, mutegallibe or notables, but those who were subjected to violence were the same social groups such as women, villagers and craftsmen. In this study, sample cases were selected from the case records kept in the Amasya court between 1750 and 1800, when normative law came into force. The incidents of violence that women were exposed to, regardless of their status, the difficulties they experienced in the face of these incidents (such as physical, psychological, sexual and economic) and the ways of coping with them were examined. In order to clarify the status of women in the social and cultural structure, civil law cases such as women’s property rights and inheritance sharing; The response of Ottoman local law to the violence they suffered from various aspects, from physical violence to sexual assault, and their struggle to seek their rights were discussed. The case in point women, who represent a fragile, vulnurable and victimized social group, deficiencies in practice are noticeable. The extent to which women can access the rights granted to them in theory and practical applications have been evaluated in the context of sample cases.

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Bohuslav Ečer: (31. července 1893 Hranice – 14. března 1954 Brno)

Author(s): Pavel Salák jr. / Language(s): Czech Issue: 3/2024

Bohuslav Ečer was a notable figure at the Brno Faculty of Law, known for his significant contributions to international criminal law and the prosecution of war crimes. Born in Hranice in 1893, he became actively involved in public life and politics, joining the social democracy and later the communist party. His anti-Nazi stance led to his emigration to France during WWII, where he continued his legal studies and later contributed to the prosecution of war criminals at the Nuremberg Trials. Ečer began his academic career at Masaryk University in 1946, focusing on international criminal law, but his career was cut short in 1950 due to political reasons. He passed away in 1954, just before his planned arrest by the StB.

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The Interaction Between Roman Ius Civile and Local Provincial Legal Tradition: Papyri P. Yadin 21 and P. Yadin 22 as Roman Stipulatio

Author(s): Valéria Terézia Dančiaková / Language(s): English Issue: 1/2024

When Babatha, a Jewish woman living in Maoza, conducted her legal affairs in the early second century CE, her homeland was already under the rule of the Romans as the province of Arabia Petraea. Although people were granted the right to use their original legal system, the situation with respect to legal disputes was not that straightforward. The nearest judiciary authority was the appointed Roman governor. Since Babatha was not a Roman citizen, in case of litigation, the governor would apply ius gentium, which was, in fact, more of an idea than a specific legal system. The Greek documents in the Archive are a precious testimony not only for the life of Babatha herself but also for how Roman dominion over various regions influenced how local legal affairs were conducted. The discussion continues relating the archive, whether traces of the Roman ius civile can be found in the papyri, and if so, what it means considering the law that was used in the provinces. The papyri P. Yadin 21 and P. Yadin 22 are presented as purchase and sale, which, however, poses a question as to what tradition lies behind the contract. In this article, we want to present how the Roman ius civile could possibly interact with local provincial legal tradition on the example of the papyri P. Yadin 21 and P. Yadin 22, comparing them to the Roman contracts, treating the possible use of stipulatio.

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TRANSNACIONALNE PARNICE USMJERENE NA RESTITUCIJU IZ DOBA HOLOKAUSTA

Author(s): Adnan Duraković / Language(s): Bosnian Issue: 32/2023

According to international law, individuals who suffered damage during the war had to ask their governments to represent their interests in negotiations with the defeated side. After the Second World War, considering the extent of the destruction, that model was dominant, but it was not entirely sufficient. Unprecedented crimes committed by the Nazi regime left entire groups of victims denied reparations for their individual wrongs. Injustices were committed in the classic crimes of bodily injury, murder, imprisonment, confiscation of property and entire fortunes, use for work in the form of slave labor, biological experiments, deportation and separation of children and parents, etc. Post-war Germany agreed to provide individual compensation and humanitarian aid to certain categories of persons who were damaged. Bilateral and multilateral reparations agreements were concluded with Western countries, and later with the former countries of the communist bloc. However, numerous issues of redressing individual injustices due to the atrocities of the Nazi regime were not adequately resolved. Individuals and even groups of victims had weak negotiating and political capabilities and could not claim their rights before their countries or force governments and foreign multinational companies to compensate them for their injustices. Therefore, only one country in the world had the possibility for such a thing, the United States of America. They not only had courts that were willing to take such cases, but more importantly, they had powerful diplomacy and instruments of pressure on those who were labeled as bearers of human rights violations in the Holocaust.

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Špatné skutky mají být trestány rychle: Rozhovor s advokátem obětí totalit Lubomírem Müllerem

Author(s): Luděk Navara / Language(s): Czech Issue: 02/2024

This paper contains an interview with Lubomír Müller. It discusses the work of Lubomír Müller, a lawyer dedicated to representing victims of totalitarian regimes and their families. Müller has been involved in numerous cases, including those of RAF pilot Josef Bryks and Leopold Hilsner, seeking justice for past injustices. He has also worked on rehabilitating individuals wrongfully convicted during the communist era in Czechoslovakia. Müller's efforts have led to significant legal precedents, such as the recognition of the principle "ne bis in idem" (not twice for the same) in Czech courts. His work highlights the importance of addressing historical wrongs to prevent new injustices. The article also touches on Müller's personal background and his motivation for pursuing these cases. Through his legal battles, Müller aims to restore the dignity and rights of those who suffered under totalitarian regimes.

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SEXUAL CRIMINAL OFFENCES - DIFFERENCES AND SIMILARITIES THE CRIMINAL CODE IN FORCE AND THE CRIMINAL CODE 1969

Author(s): Mioara Lăcrămioara PARASCHIV / Language(s): English Issue: 2/2021

The state of danger created by the committing of sexual criminal offences and their impact on the victims and on the society in general, the legislative modifications occurred in the last period of time makes it necessary to define the concepts of sexuality, sexual deviance, sexual aggression, the presentation of the types of perversions and of sexual aggressions, as well as of the similarities and differences between the new Criminal Code and of the Criminal Code from 1969. One of the fundamental institutions in the criminal law is the penalty seen as a modality of constraint and a mode through which the re-education of the convicted person, so that this is wanted both for a coercive purpose, as well as for the rehabilitation. Through the enforcement and the execution of the conviction, one has in view the obtaining of the compliance with the norms and conventions of social cohabitation, the correction or the formation of a correct attitude towards the legal order and the values of the society. It is important to define the concept of sexuality in order to understand the evolution of the sexual behaviours labelled as normal or as deviant during the time. The person committing a crime can be rehabilitated and integrated into society of this rehabilitation feature becomes reality from the first moment of the criminal process and a solid re-education action takes place.

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DAVID MOXON (2020). COLIN SUMNER: CRIMINOLOGY THROUGH THE LOOKING-GLASS

Author(s): Imad Charef / Language(s): English Issue: 1/2023

Review of: David Moxon (2020). Colin Sumner: Criminology through the looking-glass. Switzerland: Palgrave.159p.

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FORCE AND MANIPULATION OF LAW IN KAMERUN: AN EXAMINATION OF THE IMPLICATIONS OF THE GERMAN-DOUALA TREATY OF JULY 12, 1884 AND THE IMPERIAL DECREE OF JUNE 15, 1896

Author(s): Ambroise Mbatsogo Nkolo / Language(s): English Issue: 2/2023

The search for land to be conquered was not a departure for the German empire, nor a necessity. But faced with the pressures of those who saw in the conquest a way to boost the German economy, and to face the rise of France and Great Britain, it became a necessity. It is thus that Germany engages in the conquest and establish, following the signature of the treaty of July 12th, 1884, the protectorate on the Kamerun. Except that unlike the colony, the protectorate is a little more liberal, which is an obstacle to German policy on the territory. Even so, the douala chiefs, co-signers of the treaty, had been keen to protect their interests over trade and land. To circumvent these difficulties and establish its authority on the territory, Germany adopts a decree governing the land administration, on the creation, taking possession and the disposal of the domain of the crown, on June 15, 1896. Acquisition and alienation of lands in the Kamerun colony. The purpose of this article is to analyze the influences, interpretations and implications of the law in such a situation. The establishment of the German protectorate on the Kamerun is a good example. It allows us to understand what a protectorate is and especially why Germany broke the treaty of 12 July 1884 by adopting the decree of 15 June 1896. In arrogating all lands, Germany cancels the prerogatives that the protectorate regime grants to local populations in order to subject people to its authority. Because to control the earth is to control the territory and the men by reorienting the politics, the economy, the social relations and the culture. The use of law here proves indispensable and unavoidable insofar as it is he who shapes and guides the policy of domination of Germany over theKamerun.

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THE POSSIBLE LEGAL EFFECTS AND PERILS OF ENLARGING THE DEFINITION OF GENOCIDE THROUGH NATIONAL NORMS

Author(s): Nicolae Constantinescu-Mărunţel / Language(s): English Issue: 2/2021

At an international level, the definition of genocide remained virtually the same since 1948. Even though proposals to enlarge this definition have been made throughout the years, most of the states refused to accept such a modification. At the end of World War II, the majority of the states accepted that the definition of the crime of genocide should only include four protected groups: national, ethnical, racial and religious. The idea that social and political groups should also be included was rejected. During the years, especially in the 1990s and in the early 2000s, the proposal to include other groups was submitted again. This time, there were several countries, including France and the Baltic States in Europe, which used a more exhaustive national norm. However, the proposal was again rejected. Having succinctly reviewed the reasons behind these controversial repeated choices, this paper will proceed to present the examples of several national definitions which include other types of groups. These norms will be analyzed from two points of view: the national historical reasons specific for each country and the legal effects of these legislative solutions. In the end, the possible implications of the enlarged national definitions will be analyzed, especially in light of the fundamental guarantees of a criminal trial governed by the European Convention of Human Rights.

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Protiprávní stav jako důvod vzniku objektivní odpovědnosti v českém soukromém právu

Author(s): Karel Beran / Language(s): Czech Issue: 4/2024

The aim of this paper is to answer the question of why we need an unlawful state of affairs as a ground for legal liability. At its core is a polemic with Filip Melzer’s view that “a certain state of affairs cannot, strictly speaking, be described as unlawful in itself, but only the conduct of the legal subject that led to that consequence or state of affairs”. Its starting point is not “strict liability”, as we understood it until the adoption of the Civil Code in 2012, but the German concept of liability for endangerment (Gefährdungshaftung), which is based not on an unlawful condition but on liability for an increase in risk. For these reasons, I will first address the question of how liability for damages, as we have known and understood it under the 1964 Civil Code, differs from the obligation to compensate for damages, which is enshrined in the current and effective Civil Code. I then consider why we need “unlawfulness” (wrongfulness) to distinguish an unfortunate coincidence from an unlawful state of affairs, and why we do not merely distinguish legal events from unlawful states of affairs. Finally, I consider the concept of liability for endangerment (Gefährdungshaftung) itself and its weaknesses.

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Ciceros Rede pro Tullio revisited. Überlegungen zur Tulliana aus rechtshistorischer Sicht

Author(s): Alexander Neumann / Language(s): German Issue: 2/2024

This paper focuses on the legal aspects of Cicero’s oration on behalf of Tullius, especially the actio de vi coactis armatisve hominibus, an action that receives comparatively little attention in the scientific debate. It will be shown, inter alia, that Cicero’s interpretation of the action is probably “correct”.

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Public Notaries in Early Modern Basque Country

Author(s): Nere Jone Intxaustegi Jauregi / Language(s): English Issue: 2/2024

The aim of this paper is to analyse who could become a notary in the Basque territory of Biscay between the sixteenth and eighteenth centuries. I will therefore begin by analysing the requirements for becoming a notary, followed by the training process and the examination to obtain the notary title. Finally, the linguistic skills of the notaries will be examined, as they also translated into Basque and Spanish. The paper is based on the laws and regulations of the time in the Castilian and Basque territories, as well as on documents from the archives that provide concrete examples.

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Die Masseverwaltung nach der bayerischen Prozeßordnung in bürgerlichen Rechtsstreitigkeiten vom 29. April 1869 mit Blick auf die preußische Konkursordnung von 1855 und die Reichskonkursordnung von 1877

Author(s): Martin Löhnig / Language(s): German Issue: 2/2024

The bankruptcy proceedings codified in the Bavarian Code of Civil Procedure immediately before the founding of the German Empire after long scientific and political discussion (Gant) competed as the most up-to-date regulation of the bankruptcy proceedings in a German individual state with the regulatory concepts of the Prussian Bankruptcy Code of 1855, which was significantly influenced by French law, for influence on the Reich Bankruptcy Code of 1877. It is therefore necessary to examine what impetus the Bavarian law was able to provide, which will be done using the example of the problem of selecting the bankruptcy trustee which is a crucial question in bankruptcy proceedings.

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