İSLÂM BORÇLAR HUKUKUNDA İSTİSNÂ’ (ESER) SÖZLEŞMESİ (TÜRK HUKUKU İLE MUKAYESELI)

Author(s): Üyesi Ahmet Akman / Language(s): Turkish Issue: 5/2019

The contract for work has been implemented since the ancient history as a need for people. It was implemented for the purpose of supplying simpler goods that were not ready for purchase at the time of contract in early periods. It is emphasized that this feature does not cause harm and deception for the parties. This transaction gained its legitimacy by becoming customary law in some goods and took its place in the legal systems. It is possible to observe this situation starting from the Roman Law in line with western law and to follow it in Turkish Law. In terms of the legitimacy of this contracts in Islamic law, it is especially made emphasis to the customary law implementation especially in the Hanafis. It is accepted that there is a general acceptance due to the need and prevalence in practice. Otherwise, it will be subject to the prohibition rule on the sale of non-existing goods which is being in the classical approach. The debates in the legal nature of this contract have been significantly concluded with Mecelle in a way that responds to current needs and this is reflected in Ottoman law as well. The contract for work which has the opportunity to practice in many areas ranging from simpler topics and construction projects to the finance area, can be the subject to agreement. At this point, it is possible to talk about the aspects of Islam and Turkish Law which are more similar than the points they are separated.

Osmanlı Devleti’nde Demokratikleşme ve Kanun-ı Esasi’nin Demokratik Hüviyeti

Author(s): Hakan Türkkan / Language(s): Turkish Issue: Spec.issue/2018

It was unthinkable that the idea of democratization which influenced the whole World, especially Europe, with the French Revolution, did not affect the Ottoman State and society. The Ottoman statesman and highbrowed people tried to use the democracy institutions and concepts which are recognized as the reason fort he progress of Europe as a means of the liberation of the Ottoman State. However, democracy had always been a struggle for the Ottoman State, and especially it was discussed whether the source of the sovereignty is divine or human. İn this study, democracy struggle for about a century in the Ottoman Empire and eventually the point arrived at with Kanun-ı Esasi was evaluated by considering the period conditions.

Recenzija: Spomini na sodne zapore

Author(s): Nada Kobal / Language(s): Slovenian Issue: 1-2/1981

The review of: Anton Čamernik, Spomini na sodne zapore. Založba Borec, Ljubljana 1980, 237 strani.

Recenzija: Med prvim in drugim tržaškim procesom

Author(s): Boris Mlakar / Language(s): Slovenian Issue: 1-2/1973

The review of: Lavo Čermelj, Med prvim in drugim tržaškim procesom. Slovenska matica, Ljubljana 1972 — 241 strani, 11 slik, 2 faksimila

Recenzija: Ob tržaškem procesu 1941

Author(s): Milica Kacin Wohinz / Language(s): Slovenian Issue: 1-2/1963

The review of: Lavo Čermelj, »Ob tržaškem procesu 1941.« Spomini in beležke. Mladinska knjiga, Ljubljana 1962, 127 strani, 13 slik in 1 faksimile.

Preganjanje Ivana Cankarja leta 1914

Author(s): France Klopčič / Language(s): Slovenian Issue: 2/1960

Priobčujemo dokument o tem, kako so leta 1914 po izbruhu prve svetovne vojne avstrijske oblasti preganjale Ivana Cankarja. Odkrit je bil leta 1960 v Verwaltungsarchivu na Dunaju med gradivom ministrstva za notranje zadeve. Fotokopijo ima Inštitut za zgodovino delavskega gibanja. To je zapisnik o zaslišanju Ivana Cankarja dne 15. marca 1918 v Ljubljani. Na interpelacijo jugoslovanskih in čeških poslancev v dunajskem parlamentu je namreč posebna vladna komisija leta 1918 preverjala obtožbe o preganjanju slovanskih narodnosti v Avstriji leta 1914. Komisija je v Ljubljani zaslišala številne slovenske politične in kulturne delavce, med njimi Ivana Cankarja, Ferda Vesela. Kaj je Cankar komisiji povedal, doslej nismo vedeli. Sam o tem ni pisal, pa tudi v doslej razpoložljivih dokumentih tega ni. Morda je o komisiji kaj pripovedoval svojemu okolju, vendar pričevanj o tem ne poznamo. Znana je njegova črtica »Ministerialna komisija« (Izbrana dela, CZ, Ljubljana 1959, zv. X, str. 460), v kateri se je dotaknil povabila na zasliševanje, napisal pa jo je že dan pred dejanskim zasliševanjem. V črtici obljublja, da bo o dogodkih pisal pozneje, »kadar bo tisti čas, ki verujem vanj«. Tega časa Cankar ni doživel. [...]

PITANJE ZAŠTITE NACIONALNIH MANJINA U KRALJEVINI SHS NA KONFERENСIJI MIRA U PARIZU 1919-1920

Author(s): Zoran Janjetović / Language(s): Serbian Issue: 2/2000

One of the changes brought on by the First World War was the protection of minority rights under the patronage of the League of Nations. This work deals with various aspects of minority rights protection in Yugoslavia and its attempts at evading obligations the allied countries wished to impose on newly-formed states. The author describes the unsuccessful resistance of the Yugoslav delegation to pressure on these points, their arguments, and their subsequent compliance. Yugoslavia was disinclined to accept obligations regarding minority rights because of its concerns for its sovereignty, its reluctance to protect the rights of minorities, and its efforts to obtain equal status for the Kingdom of the Serbs, Croats, and Slovenes in the European community.

USTAVNOST JUGOSLAVIJE NA MUČNOJ PREKRETNICI

Author(s): Vlado Strugar / Language(s): Serbian Issue: 2/1998

Knjigu akademika Jovičića sačinjava 20 članaka, u svemu, ogleda i saopštenja na naučnim skupovima, pojedinačno objavljivanih pretežno u listu Književne novine i u časopisu Arhiv za pravne i društvene nauke od leta 1990. godine do sredine 1994. Sva ta zbirka priloga u knjizi je složena u pet odeljaka s naslovima svih i svakog sastava posebno. Već naslov prvog odeljka, »Slabosti novog ustavnog uređenja Jugoslavije i Srbije« (str. 7-28), nagoveštava kritičku raspravu, uvodi namah pretres i uporedenje s istorijskim primerima ustavnosti, i to člankom napisanim ubrzo posle usvojenja Ustava Savezne Republike Jugoslavije (27. aprila 1992).

ŠERIJATSKO SUDAČKA ŠKOLA U SARAJEVU – KRATKI PREGLED

Author(s): Džulzada Ajvazi / Language(s): Bosnian Issue: 76/2018

With the arrival to Bosnia and Herzegovina, Austro-Hungarians encountered a Muslim population which was not present in its other provinces. The ordinary Courts of Law introduced by Austro-Hungarian government, were neither equipped nor competent to deal with issues of interaction of Muslims and non-Muslims, especially in the issues regarding the family law, inheritance and waqf law. The need for establishing an institution that will primarily form and then also employ a qualified staff capable of dealing with these issues was evident. Seven years passed from the time when this idea was born to its actual implementation. The solution was found in establishing The Sharia Law Judiciary School in Sarajevo, where local qualified judges for the Sharia Courts would be educated under the eyes of the new government. By the decision of the National Government for Bosnia and Herzegovina of May, 14th 1887, the Statute about establishment of a school for Sharia judges in Sarajevo was brought. The aim of this article is to take an insight into the flow of the functioning of The Sharia Law Judiciary School in Sarajevo during the fifty years of its existence. This aim we intend to achieve through a research and a comparison of: all the changes that were made in its Teaching Plan and Programme, all the subjects that were taught, the quality and the origin of the teaching staff in this school and the vocation gained by its graduates.

Scott v. Sandford (1857) (Status Afroamerikanaca)

Author(s): Edin Halapić / Language(s): Bosnian Issue: 2/2018

This paper studies the Supreme Court of the United States’ practice, focusing especially to the judgments that caused social and legal-political changes. Observed through a timeframe, this was the period in which the court passed the most significant judgments in its history. In this paper, the special attention is paid to the 1857 Scott v. Sandford case that regulated the status of slaves, that is, slavery. The research deals with the status of African Americans and the manner of judicial access to this issue. The 1857 case is considered to be the most significant in American constitutional history. The court entered crisis following the pronouncement of the judgement, while the public protested. As an example, we can mention political debates and speeches. Nevertheless, the position of the Supreme Court in this case caused a deep political crisis culminating in the outbreak of the Civil War (1861-1865), which ended with the victory of the North. The study has found that the United States Supreme Court exercised its role, and the 1857 Judgment favoured only the interests of a number of Federal member states. This work also contains brief remarks on slavery.

Ratifikacija Haške konvencije o sporazumima o izboru nadležnog suda iz 2005. godine od strane Sjedinjenih Američkih Država

Author(s): Adis Poljić / Language(s): Bosnian Issue: 2/2018

The paper analyzes the position of the United States of America in relation to the Hague Convention on Choice of Court Agreements of 2005. The reason for this analysis is the significance and influence of the United States in the world. It is also interesting that the initiator for the adoption of the Convention did not ratify it. It is generally accepted that the United States should ratify the Convention, but it is controversial in that way because the United States does not have bilateral or multilateral instruments in the area of the Hague Convention on Choice of Court Agreements of 2005. There are several reasons for non-ratification, but the main issue is the level at which it will be ratified. For non-US customers it is particularly important to avoid the use of the forum non conveniens institute, which the Convention allows. There would also be a change in the status of the contracted exclusive international jurisdiction. Namely, in the United States, there is no assumption that exclusive jurisdiction has been contracted, and the prorogation agreement does not presuppose exclusive jurisdiction unless expressly agreed.

Уставноправна рјешења законодавне власти у Србији XIX и с почетка XX вијека

Author(s): Zdrava Stojanović / Language(s): Serbian Issue: 1/2012

The idea of constitutionality, which includes the acceptance of division of power, is one of those which helped the process of establishing the constituting of new century Serbian state. In the attempt to implement the principle of division of power, which characterizes the modern state, there was a need to establish the legislative power, together with executive and judicial power. Establishment of modern monarchy, i.e. limited and strictly institutionalized, demanded the presence of other bodies at the highest level in the state, bodies that would compete with monarch in constitutional division of legislative competences. That was effected primarily by affirming the idea of peoples representation, constitutional verification of the State Council (according to the provisions of the first two constitutions) and then also the National Assembly (from the Regents Constitution - Namjesnički ustav), as serious pretendents to win the most important prerogatives of legislative power. To what extent the idea has been realized depended, as the author showed in the paper, on concrete and real social and political reality, relations between the political forces and readiness of the rulers to accept constitutionally regulated competences of legislative power. Those, certainly led to successive limitation of the monarch constitutional powers in favor of representative body, such as National Assembly according to the constitution of 1888 and Constitution of 1903, when it was already clear that monarch changed from “slightly” limited ruler (knez) to, by the rules of parliamentary game, depowered king. In that process of endless constitutional struggle monarch endeavored to defend his share in legislative power by the right of legislative initiative, and especially by legislative sanction (veto). Successfulness of those efforts depended, as it was discussed in the paper, on the real power that veto institution had during the constitutional and political development of Serbia in the mentioned period.

Book Review: Nicolas Badalassi and Sarah B. Snyder (edited by), The CSCE and the End of the Cold War. Diplomacy, Societies and Human Rights. 1972-1990. New York, Oxford: Berghahn, 2019.

Author(s): Paul Popa / Language(s): English Issue: 1/2019

UT BONUM PARES PECUS. ПО ВЪПРОСА ЗА ПРИДОБИВАНЕТО НА RES MANCIPI СПОРЕД СВЕДЕНИЯТА У ВАРОН

Author(s): Salvatore Cristaldi / Language(s): Bulgarian Issue: 1/2019

The article deals with the acquisition of property according to texts from Varon`s work „De re rustica“. The sale and the mancipatio are examined in De re rust. 2.1.15 and 2.10.5, as well as the rule “emptionibus et traditionibus dominum mutat” in De re rust. 2.6.3.

DEBITORUM PUBLICORUM. ЕДНО СРЕДСТВО ЗА RENOVATIO IMPERII

Author(s): Rosalía Rodríguez López / Language(s): Bulgarian Issue: 1/2019

In the 6th century in the Byzantine Empire the problems of the state administration led to disintegration and the social order was shaken. Urgent measures are needed to change and balance the social, economic and administrative structure of the Empire in order to fulfill Emperor Justinian's plans for the renovatio imperii. The interne and extern stability of the state has been made conditional on an increase in tax revenues and other fiscal measures. The article tracks the legal measures in collecting the taxes, but also the protection of taxpayers from abuses of the tax administration, alleviating the tax burden etc.

ЗНАЧЕНИЕТО НА „NATURALIS RATIO AUCTORITATE SENATUS COMMUTARI POTUIT“ И ПЛОДОПОЛЗВАНЕТО НА ПАРИТЕ

Author(s): María Asunción Sonia Mollá Nebot / Language(s): Bulgarian Issue: 1/2019

The possibility that the usufruct relapses on any good of the heritage was intro-duced by a senatusconsultum the middle of the I century. Apparently this exten-sion affects squarely the nummerata pecunia, but this appraisal needs to be tint-ed, since really the money is not a consumable good, that is to say, that does not disappear with his first use, but it is a good, which usefulness resides in his dis-position and which as other goods on which he arranges stops being in the pat-rimonial assets of the dominus; for it what awards the usufruct of money to the usufructuary is the capacity of disposition which the usufructuary lacks because it is not proprietary. The senatorial decision according to the expression of Gaius censures what he considers to be a “natural reason”: “naturalis ratio acutoritate senatus commutari potuit”.

TABULA BAETICA – ФОРМУЛЯР ИЛИ ДЕЙСТВИТЕЛЕН ДОКУМЕНТ

Author(s): Juan Antonio Bueno Delgado / Language(s): Bulgarian Issue: 1/2019

The Tabula Baetica, Formula Baetica, or Bronze de Bonanza, as it is also known for the place where it was found towards the end of S. I A. C. or principles of S. II A. C., it could be a simple model or form, or a real authentic fiduciary business document. In the present work we will perform an exegesis as detailed as possible of the text, comparing it with other sources that contemplate different institutions for the purposes of real guarantee.

ОТГРАНИЧЕНИЯ НА СЪСЕДСКИТЕ ПРАВООТНОШЕНИЯ ОТ ПРАВООТНОШЕНИЯТА, СВЪРЗАНИ С ПОЗЕМЛЕНИ СЕРВИТУТИ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2019

This article deals with the question about the correlation between the legal relations based on land servitudes and on legal relations resulted by the proximity of real estates. In the paper are reviewed the similarities and the differences between these two legal relations. It is outlined that nevertheless the two legal figures differ between them, often they are mixed each other and identified as same matter. The author made an analysis of the reasons why this mixture is widely admitted and he carefully examined its genesis starting from the period of the Roman law. Also the author considers that even though these institutes have some common features, both legal relations are different by their essence, functional mechanism and the legal effects. In the frame of this comparison are outlined also the specific differences which characterize both of them. As a conclusion the paper reveals methodical and cognitive marks which can be taken into account in future research and analysis of apparently close but at the same time different legal figures of the Property Law.

УСТАНОВЯВАНЕ НА МЕСТНИТЕ ДАНЪЦИ. КОНСТИТУЦИОННИ ОСНОВИ НА ДАНЪЧНАТА ДЕЦЕНТРАЛИЗАЦИЯ

Author(s): Evelina Dimitrova / Language(s): Bulgarian Issue: 1/2019

The article deals with the possibility of developing tax decentralization and its main part – the institute of local taxes in Bulgaria. Local taxes are charged by the municipalities and are established by the Local Taxes and Fees Act. According to the fifth amendment to the Constitution of the Republic of Bulgaria the Municipal Council determines the amount of the taxes within the range established by the law (till the end of 2007 the rates and amounts of local taxes were provided for by the law). There is analyzed application of the principle for statutory establishment of tax liabilities in the spirit of the principle of the fiscal decentralization.

ЕФЕКТИВНИТЕ СРЕДСТВА НА МИРОВОТО ПРАВОРАЗДАВАНЕ ПРИ НЯКОИ СПОРОВЕ ОТНОСНО НЕДВИЖИМИ ИМОТИ

Author(s): Mihail Mateev / Language(s): Bulgarian Issue: 1/2019

The article examines the procedure of peaceful solution of the disputes and the view of the circumstantial check as processual forms of the peace jurisdiction in resolving of civil disputes regarding the possession, the borders, the servitudes and the harms of the real estates. In the text are analyzed the advantages of these processual actions of the peace jurisdiction court and it is made a comparison between similar forms applied in the jurisdiction of the common courts.