Gračanički kraj sredinom XVIII. stoljeća: podaci iz sidžila tešanjskog kadiluka

Author(s): Almina Alagić,Ago Mujkanović / Language(s): Bosnian Issue: 44/2017

The court records of the kadiluk of Tešanj from 1751 to 1789 contain important data that refer to the region of Gračanica. Based on the translation of the court records by late Abdulah Polimac (proofread by Lamija Hadžiosmanović and Salih Trako), kept today in the General Library in Tešanj, we present the data that refer to the region of Gračanica. These are mostly bujuruldije, the official degrees of Bosnian council (the Eyalet of Bosnia), that were sent in the form of a circular to many kadis, including the kadi of Gračanica. From these decrees and circulars, we learn about precious data about general circumstances in northern and north-eastern Bosnia in the mid-18th century

Self-defense in Theory and in Practice between 1878 and 1944

Author(s): Viktória Deák / Language(s): English Issue: 1/2018

Self-defense is one of the oldest legal institutions in the Hungarian law having the greatest traditions, the rules of which were already included in Act No. V of 1878 called Csemegi Criminal Code. The main issue of this study is how the rules of law concerning self-defense were implemented in the case-law of the Royal Court of Justice Debrecen between 1878 and 1944. For the purpose of finding the right answer to this question I have reviewed nearly 150 boxes stored under number VII.4/c at the Hajdú-Bihar County Archives of the National Archives of Hungary. After analyzing the decisions related to self-defense, I have drawn the conclusion that we cannot say there was a coherent and consistent case-law regarding this legal institution; I believe a long process of development has been required to fill the conceptual elements constituting self-defense with substance.

Zeyd b. Sâbit’in (ö. 45/665) Ferâiz Adlı Eseri ve Ebü’z-Zinâd’ın (ö. 130/748) Şerhi

Author(s): MANSUR KOÇİNKAĞ / Language(s): Arabic Issue: 1/2018

One of the old law/fiqh texts is Farāiz which is thought to be written by Zaid ibn Thābit (d. 45/665). In many classic texts it has been referred to this book and it is mentioned that Zaid ibn Thābit's expertising on the ilm al farāiz. But our findings show that many of researchers who study on the history of codification of Islamic law have not seen this book. In this study, because of the importance of the book, we publish Zaid's Farāiz and the comments written in very early period by Abu'z-Zinad (d. 130/748) on it. Thus, Risāla al Farāiz, one of the oldest fiqh texts written in the period of the Sahāba and expounded in the period of the Tābiūn, will be present to the interest of researchers.

ВЪПРОСИ НА ДОГОВОРА ЗА ПОЖИЗНЕНА РЕНТА

Author(s): Galina Dimitrova / Language(s): Bulgarian Issue: 1/2017

This article deals with a number of Family law and Law of obligations problems of the contract of rent. It is made a characterization of the rent contract. It is shown who will be a titular of the acquired through the contract real rents and how the spouses would be responsible for the obligation of rental payments under the regime of community. It is considered the question is it acceptable one of the spouses to transfer to the other real rights with a rent con-tract with lifelong payments, as we know for the existence of the obligation for maintenance between the spouses. With the analysis of the contract regime it is examined the hypothesis, where the marriage contract consists the clauses of the rent contract, and also of the question if the creditor of the rent payment can claim on the basis of contracted by the spouses solidary liability, thus the author corroborates her thesis with a lot of arguments. When it is applicable the regime of separation are discussed the possibilities of solidary liability between spouses for the obligation of periodical payments on the rent contract and emergence of the common titularity of spouses of the acquired by the rent contract.

МОБИЛНИТЕ УСТРОЙСТВА КАТО СРЕДСТВО ЗА ОБУЧЕНИЕ ПО ПРАВО

Author(s): Jose Luis Zamora Manzano / Language(s): Bulgarian Issue: 2/2016

In this article with practical dimensions we will analyse the use of tablets and the new technological "keys" in the auditorium, based on mobile learning, and we will examine their potential for different academical activities. For starting point we take the identification and the description of the key tendencies in the technology of education in the domain of teaching and learning, having in mind the last Horizon Report of 2016. We will see how in our academic exeprience concerning the law we use a metodological synergy and the integration of flipped classroom, the research of APP and even the gamefication as new didactical instruments of the digital ecosystem.

РИМСКОТО ПРАВО КАТО СЪСТАВНА ЧАСТ НА СЪВРЕМЕННАТА ПРАВНА КУЛТУРА

Author(s): Alejandro Guzman Brito / Language(s): Bulgarian Issue: 2/2016

In this article, the roman law is presented as a necessary basis for understanding the modern private law. The roman law is present in the modern codifications, whether this is admitted or not. From a historical view the roman law transmits from one century to another due to the work of the great jurists and to the legal education, pointed straight to the practice. In this article are presented also some comparisons between the point of view of the roman jurist and the modern regulation of the same matter in the civil codes of Chile and Columbia.

ДВУЕЗИЧНОТО ЮРИДИЧЕСКО ОБРАЗОВАНИЕ ОТВЪД КУЛТУРНИТЕ ГРАНИЦИ ВЪВ ФРИБУРГ: ПОЛЕЗЕН ОПИТ ЗА ЕВРОПА

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 2/2016

The author shares his long-standing experience from the Faculty of Law at the University of Fribourg, teaching his students simultaneously in French and German and with a growing number of additional English courses. He shares the belief that greater harmonization of the law, and in particular the private law, can only be achieved if the education systems enable students to get acquainted with different case studies of different national legal systems. At the same time are created conditions for the improvement of the language training of students and especially of legal terminology, which is a guarantee for successful practice in the conditions of the linguistic diversity of the present day.

АЛТЕРНАТИВНА ПАРАДИГМА ЗА РИМСКОТО ПРАВО

Author(s): Philip Thomas / Language(s): Bulgarian Issue: 2/2016

The author emphasizes the importance of the study of Roman law in modern law schools, because it shows students that could act differently, and that the decision of a case depends on the social context rather than legal dogma. Thus Roman law can play a new role in legal education.

РИМСКО ПРАВО, ПРАВНО СРАВНЕНИЕ, ИНТЕРДИСЦИПЛИНАРНОСТ

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2016

The historical approach in the domain of romanistic and legal history sciences leads to examination of the roman law as a functional legal system in a specific period of time. Nowadays in the universities the examination of the roman law is limited and without connection with the positive law. It is often isolated to a discipline in the program of the law faculties. The author of this article presents the importance and the role of the roman law for the modern legal education.

КИТАЙ И РИМСКОТО ПРАВО

Author(s): Fei Anling,Stefano Porcelli / Language(s): Bulgarian Issue: 2/2016

China enters in the legal circle of the Roman law system thanks to the reforms that have taken place in the last years of the ruling of the King Dynasty. To the first phase of the introduction of Roman law, a second is added in the last few years - direct translation of sources and a third - deepening, with Chinese scientists moving in shape. They are actively involved in a constructive dialogue with their colleagues from other countries of the system. Both the work of lawyers and much of the rulemaking activity arouses consciousness in the dialogue with principium, with the system that, thanks to the Chinese acquis, which will continue in the future, will be greatly enriched later on. The introduction of the Roman legal system into China is a clear confirmation of the fact that it can be considered as an element of unity as a common basis in the dialogue that is developing along the Silk Road in the 21st Century in the marking of justice in relations of people across Eurasia.

РИМСКОТО ПРАВО НА КРЪСТОПЪТЯ НА ЕВРОПА. ПРЕПОДАВАНЕТО НА РИМСКО ПРАВО – КЛЮЧОВ ФАКТОР ЗА ДЕМОКРАЦИЯТА И ЕВРОПЕИЗМА

Author(s): Salvador Ruiz Pino / Language(s): Bulgarian Issue: 2/2016

The Roman Law Area of the University of Cordoba (Spain) consider an important commitment of our educational quality the continuous process of educational innovation that we have developed since 2012. In this academic year we are executing a project of Educational Innovation, entitled "Roman law at the crossroads of Europe. The teaching of Roman law as a key factor of democracy and europeism"

ЕТИКА И РИМСКО ПРАВО В РАЗМИШЛЕНИЯТА НА ANTONIO ROSMINI

Author(s): Michele Indellicato / Language(s): Bulgarian Issue: 2/2016

The dialogue of the Italian philosopher Antonio Rosmini with the ancient world and in particular with Roman legal experience, clarifies the validity of Roman law, defined as "the pedagogue of legal thought." He emphasizes the honesty and justice with which the roman jurists exercise the ars iuris and draws attention to the inextricable link between morality and law, based on the metaphysical advantage of the personality, which he defines as a "valid right".

РИМСКОТО ПРАВО: ЕДНА ДИСЦИПЛИНА ЗА ЕВРОПА

Author(s): Maria Casola / Language(s): Bulgarian Issue: 2/2016

The article examines the role and the possibilities for studying Roman law today and the condition of the teaching in European universities. Roman law is presented as the basis for the construction of European law (ius commune). Legal science is not entirely focused only on norms, but also on moral values, the dynamics of democracy and pluralism, multiculturalism, public policies. Exploring the values of Roman society in their historical context can be particularly useful for a deeper understanding of modern processes.

РИМСКОТО ПРАВО В СЪВРЕМЕННА ХЪРВАТСКА

Author(s): Marko Petrak / Language(s): Bulgarian Issue: 2/2016

The aim of this paper is to give an overview of the significance and influence of Roman legal tradition in the Croatian context. The first part of the paper shall present, in broad lines, the bimillenial presence of Roman law in the territory of the contemporary Republic of Croatia. The second part of the paper will focus on the contemporary law of the Republic of Croatia and its Roman foundations. The third part of the paper will briefly analyze the issue of legal education, i.e. the history and the present situation of the teaching of Roman law as part of the curriculum of Croatian law faculties.

HOW TO TEACH ROMAN LAW – SEEKING THE METHODS

Author(s): Milan Milutin / Language(s): English Issue: 2/2016

Changes awaiting lecturers of the 21st century, including those of Roman law, are not only challenging, but rather dynamic and ever-evolving. Without attempting to diminish the significance and values of traditional ex cathedra lecturing, it is of utmost importance to be prepared to combine and accord lectures to modern technologies and make them susceptible to the generations raised under the influence of the internet, video games and other multimedia contents. Otherwise, loss of a battle against various forms of informal higher education is inevitable. What if video game generations are welcomed to the university through a video game on Roman state and law?

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

LEX AELIA SENTIA ТЕКСТУАЛНАТА САНКЦИЯ ЗА НИЩОЖНОСТ РИМСКИТЕ LEGES PUBLICAE

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 1/2015

The article is devoted to the topic of the Roman prohibition laws in the field of private law (leges perfectae) are limited to banning a particular action or establishing a penalty for offenders. Lex Aelia Sentia is obviously the first law that provides in its text nullity when doing acts are contrary to its prohibitions. It is assumed that the assessment of actions contrary to the law as devoid of legal effect and therefore the assessment of the law itself as lex perfecta is a result of the interpretation given by Roman jurisprudence.

САНКЦИИ ЗА НЕИЗПЪЛНЕНИЕ СРЕЩУ ПРЕДПРИЕМАЧА НА ПУБЛИЧНИ РАБОТИ КЪСНАТА РЕПУБЛИКА РАННИЯ ПРИНЦИПАТ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian Issue: 1/2015

In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.

НЕЩО СТАРО, НЕЩО НОВО. АВГУСТОВОТО ЗАКОНОДАТЕЛСТВО ПРЕДИЗВИКАТЕЛСТВОТО ДА СЕ УСТАНОВИ СОЦИАЛЕН КОНТРОЛ

Author(s): Thomas McGinn / Language(s): Bulgarian Issue: 1/2015

ОПИТЪТ ЗА НРАВСТВЕНА РЕФОРМА НА РИМСКОТО ОБЩЕСТВО С АВГУСТОВОТО БРАЧНО ЗАКОНОДАТЕЛСТВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2015

The marriage legislation was part of Augustus` program to restore the res publica shaken by more than a century of political and social disorder. For Augustus and for men like Livy, Horace and Virgil the solution of the troubles which had befallen the Roman lay in the past, in the values and customs and of an earlier age (exempla maiorum) – family life, the chastity of Lucretia, the moral probity of Cato the Elder, in a word, Romanitas. The political settlement imposed by the principate was not enough without propagation of the Italian stock and of its prisca virtus, which, unadulterated by the attitudes and beliefs of the opulent and decadent east, had won Rome an empire. Ironically, the methods of Augustus of implementing this archaizing social policy, was itself a radical innovation – pervasive intervention by the state in the private lives of roman citizens passing three according to some of the contemporaries severe laws – Lex Iulia de maritandis ordinibus, lex Papia Poppaea and Lex Iulia de adulteriis coercendis, which response is obviously visible centuries after the death of their glorious creator – the reformator emperor Octavianus Augustus.