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

Prawno-społeczna pozycja felczera w Polsce w latach 1945–1989

Author(s): Paweł Fiktus / Language(s): Polish Issue: 15/2017

With the end of the Second World War, the feldsher’s profession was regulated by legal acts dating back to the interwar period. The leading act was the Act of 1 July 1921, on the feldsher’s profession, which briefly defined the feldsher’s qualifications. The key legal act regulating the legal position of feldsher was a law passed by the Legislative Sejm on 20 July 1950, on the feldsher’s profession. The feldsher’s powers were divided into two groups: activities performed independently (that is, in feldsher’s points and non-public health care institutions) as well as activities carried out non-independently – that is, under the guidance of a physician. The issues related to professional secrecy and disciplinary liability were regulated separately. Trying to determine the feldsher’s position in the system at that time, during the legislative work, it was recognized that it would be a profession between a doctor and a nurse. The reason for the adoption of such a solution was the possibility of performing small independent treatments, to whose performance a nurse was not authorized. Initially, the feldsher’s profession enjoyed the great interest of those willing to practice the profession. At this time, medical publications often presented the social advancement of feldsher school students, who continued their medical education after graduation. However, the interest in the feldsher’s profession gradually began to decline and the school year 1962/1963 was the last period of the feldsher’s education in Poland. The last feldsher school functioned then in Warsaw. From this moment on, the feldsher’s profession was left to its own devices. Since 1956, the feldsher’s qualifications have been extended to the possibility of working in sobering stations. Further powers were awarded to the feldsher in the 1960s, including issuing death certificates, diagnosing venereal diseases during medical examinations in sobering stations, and the inclusion of this profession in the fight against infectious diseases. In the case of the feldsher’s profession, the issues of a prestigious nature, such as the introduction of appropriate decorations similar to those of the physician or nurse, for instance long-term seniority, were also omitted. The feldsher’s profession was recalled when Poland entered the European Union structures, which led to the introduction of a new regulation in 2005 regulating the scope of activities to which the feldsher was qualified.

Local soviets and councils in the Ex-socialist European States with special regard to Hungary (1950–1990)

Author(s): Tamás Antal / Language(s): English Issue: 1/2010

The scholarly study and analysis of the Hungarian council system (1950–90) as a system of institutions and structure of public administration is a novel challenge rarely attempted to date in the field of the history of public administration. Although the period of 40 years under study is still something of a grey area for legal historians, there are already researchers and experts who venture into this territory. In addition to offering a historical overview, the present paper also analyses the life and operation of public administration in a specific historical and legal period from legal and administrative aspects. The council system, although undoubtedly still a subject of much debate and criticism, was definitely a possible form of public administration, and today constitutes an integral part of the history of the 20th century.

Преступление и наказание (очерки истории обычного права и законодательства средневековой Молдавии)

Author(s): Pavel V. Sovetov / Language(s): Russian Issue: 6/2002

The author analyses a vast corpus of Moldavian rulers’ acts, as well as Vasile Lupu’s Code of 1646, and thus studies various aspects of common law and legislation of the feudal Moldavia. He shows development of the concept of crime and punishment in the medieval law. He brings convincing evidence to prove that appearance of the Code in 1646 was a natural result of the country’s social-economic processes. It was not a blind compilation of European legislative codes of the time, but rather an obvious outcome of legislative activities of this Moldavian ruler. Though the local legislators did make a good use of P. Farinazzi’s Treaty, it was not a simple borrowing, but rather an acceptance combined with creativity and based on the achievements of the local juridical thinking. The author managed to detect doubtless independence of this legislative product of the Code’s compilers, who managed to reconcile the important legal norms that would survive in Moldavia for long.The Code had an apparent discriminatory nature, which exactly met the interests of the boyars. The principles of criminal law it confirmed acquired a wide spread and underlay the judicial system of the feudal Moldavia in XVII-XVIII centuries. Besides the legislative confirmation of already long existing system of punishment, the Code of 1646 introduced some innovations, which were the local product. Introduction of a cruel and deterrent system of punishment for the vassal peasants supported interests of all layers of nobility and the ruler. Like many other legislative codes of the time, the Code confirmed both de facto and formal inequality of people regarding determination and application of the system of punishment. However, unlike in Russia and Lithuania, deprived of their privileges were the serving gentry. Vasile Lupu’s Code is a monument to power of the Moldavian boyars and to weakness of the serving gentry; it reflects the fight of the boyars, who did not keep back their oligarchic aspirations, with the authority of the ruler, who tried to keep his dominating position.

AZ ANTIK JOGTÖRTÉNET ÉS A KLASSZIKA-FILOLÓGIA HATÁRTERÜLETEI

Author(s): Gábor Hamza,István Sándor / Language(s): Hungarian Issue: 1/2006

LEGAL STUDIES AND WORKS OF JÁNOS BARANYAI DECSI

Author(s): János Zlinszky / Language(s): English Issue: 3-4/2000

In Hungary from the 16th century on there was a tendency to make a “harmonization” of the Hungarian customary law with the Roman Legal Codex. Baranyai Decsi, besides other activities, made a book on Romanisation of the Hungarian Law. The book, Syntagma institvtionvm ivris imperialis ac Vngarici… (1593) was using both the Tripartitum by Werbôczy (a legal compendium for Hungary), and the manuscript for its later variant: Quadripartitum (originally by 1552). In the autumn of 1593 Baranyai Decsi became the rector of the college at Székelyvásárhely (Transylvania). From then on, he ceased to do legal work. His book Syntagma is an interesting milestone of the reception efforts in Hungary.

Stanisław Patek and aspects of russian law enforcement in the Kingdom of Poland, 1875-1914

Author(s): Małgorzata Gmurczyk-Wrońska / Language(s): English Issue: 1/2012

Stanisław Patek (1866-1944) was a prominent lawyer in the Polish Kingdom in the years 1904-1911. He had links with Masonic, socialist and liberal groupings, and was involved in a diverse range of socio-political activities. During the revolutionary turmoil of 1905 he established contacts with Józef Piłsudski and soon entered Piłsudski’s inner-circle of collaborators. After World War I, Patek abandoned his professional legal practice for the world of diplomacy and politics. He was delegated by Piłsudski to attend the Paris Peace Conference in February 1919. During the Polish-Soviet War, he was the Minister of Foreign Affairs (16 December 1919 – 9 June 1920). He was Poland’s official representative in Tokyo (1921-1926) and Moscow (1927-1932), and the Ambassador to Washington in 1933-1936. He was appointed to the Senate of the Republic of Poland by the President in 1936, where he sat on the Senate’s Foreign Affairs Committee until 1939.

BORDERS AS AN INTERDISCPLINARY PROBLEM

Author(s): Duško Vrban / Language(s): English Issue: 1/2018

This article deals with the concepts of space and territoriality in law and politics seen through reflexion on borders, which are understood primarily as forms of identification and the basis for nation-building. While in the classical antiquity, borders were seen as exclusionary defensive structures, in modern international law in the 18th and 19th centuries, they became spaces for the delimitation of states sovereign territories. The author attempts to enligthen the symbolic significance of borders in modern European history, which have been connected with imperial designs, nationalist discourses and political imaginaries. Border rhetoric often emphasised territorial inclusions and exclusions relied to the concepts such as sovereignty, security and natural living space (“natural borders”). The concept of borders is also related to the understanding of the division of Earth’s surface into areas defined as regions. Regions may construct and transcend natural and political borders. Although, borders have been through world history sites of conflict, they also build ways of interconnections between locals and neighbours. The struggle over cultural and political domination and attempts to integrate and assimilate border populations were mostly reflected into deliberate linguistic policies relating to the language of administration and the public sphere. After the Second world war, the perception of borders have changed and the new understanding of borders have prevailed, based upon the idea of cooperation and the recognition of local traditions and minority rights. The principle of uti possidetis iuris was applied in order to prevent redrawing of the borders of new states and to maintain the territorial stability of the regions. But the recent migration crisis and security concerns in Europe and America have re-actualised the perception of state borders as defensive structures. Moreover, introduction of new technologies, such as ICT and the bio-metric, have transformed classical, linear forms of territorial border surveillance into mechanisms of remote control and ruling at a distance.

HUKUK TARİHİ AÇISINDAN HRİSTİYANLIK

Author(s): Mahmut Yılmaz / Language(s): Turkish Issue: 3/2017

This article focuses on the birth of Christianity, the spread of Christianity, the relationship between Christian law and other legal systems of Christian law.

„Polityka literacka” rosyjskiej cenzury zagranicznej w latach 1865–1904

Author(s): Janusz Kostecki / Language(s): Polish Issue: 2/2011

Almost 4500 new literary publications in Polish (counting by titles) had been tried to bring in to Empire in 1865–1904. The foreign censorship banned from circulation almost 1400 of these books – in a whole or in a part. These books were treated more lenient than others – because in 1872–1904 the censors prohibited only 29,7% of them, when nonfictional publications – 40,5%. The literary works were more rarely than others banned in a whole. The censorship policy towards imported belles-lettres became slowly less repressive, in spite that it had been changing: during 70. had occurred to be moderate, using various bans conditional upon subject; late 80. and the beginning of 90. it was a period of the strongest repressions, but the second half of 90. and the beginning of XX century it was quite successful time for belle-lettre import. The censorship hit books of Polish authors in the most severe way (which consisted of ¾ of all banned imported works), particularly directed to the people or to the general public or imported for the first time since they were published and didn’t belong to any book series. The most banned author was Słowacki and next: Lenartowicz, Krasiński, Urbański, Poeche, Sienkiewicz (mainly versions adapted for children), Miłkowski (T.T. Jeż), Wilkońska, Przybyszewski, Abgarowicz, Rogosz, Zacharjasiewicz, Kasprowicz, Chociszewski, Tetmajer, Tuczyński, Mickiewicz, Asnyk, Wyspiański, W. Bełza, Przyborowski i Konopnicka.

„Wysoce demoralizująca i pornograficzna” inicjatywa wydawnicza. Obrona moralności publicznej a wolność słowa w międzywojennym Grudziądzu

Author(s): Marcin Żynda / Language(s): Polish Issue: 2/2011

Problematyka związana z szerzeniem treści nieobyczajnych jest w dzisiejszych czasach zjawiskiem niewątpliwie aktualnym. Największą dezaprobatę społeczną wzbudza kwestia dostępu dzieci i młodzieży do demoralizujących materiałów. Problem ten, choć w mniejszej skali, istniał także w okresie międzywojennym, a obowiązujące wówczas prawo karne i bardziej rygorystyczne normy obyczajowe umożliwiały skuteczniejszą walkę z tym procederem.

Recenzja: Niemoc płciowa jako przeszkoda do małżeństwa

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2001

The review of: Ks. Henryk Stawniak SDB, Niemoc płciowa jako przeszkoda do małżeństwa, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2000, ss. 407.

BRIBE AND PUNISHMENT: TO THE QUESTION OF PERSISTENCE OF PAGAN CULTS IN LATE ANTIQUITY

Author(s): Mikhail A. Vedeshkin / Language(s): English Issue: 1/2018

The article discusses the corruption of the state administration and clergy as one of the factors of persistence of paganism in Later Roman Empire. The spread of the practice of bribing state officials and clergymen by pagans, coming from different social strata of the Late Roman Society is demonstrated by various examples. It is suggested that this phenomenon was a result of the spread of suffragium.

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.

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