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Republika Indonezji – zarys systemu prawnego

Author(s): Damian Szymkowiak / Language(s): Polish Issue: 06/2014

Indonesia, the world’s fourth populous country, has an attractive value proposition for international businesses and investors. The economy is rapidly growing and by 2030 the country could become the world’s 7th-largest economy. However, there are still lacks of information among Polish resources about this market, especially concerning legal issues.The aim of this article is to introduce the general framework of the legal system in Indonesia such as the overview of Indonesian law through historical aspects; separation of powers (including description about executive, judiciary and legislative’s bodies), sources of law (written law and unwritten law as well).This publication contains general information, which will be more developed in further articles to make Polish readers more familiar with Indonesian issues.

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„Zaprzysięganie na śmierć” w praktyce sądu miejskiego z Krzemieńca w XVIII w.

Author(s): Marian Mikołajczyk / Language(s): Polish Issue: 3/2016

Before Poland was partitioned, there had been different laws for each group of society. Gentry, townspeople and peasants had their own laws. In the gentry law (land law) there was a rule that the accused could not be sentenced to death if the private accuser with several other people did not swear that the accused deserves death penalty. The practice of such a swearing existed until 1768. Current researches indicated the lack of such a rule in a municipal law. However, in the city of Krzemieniec in Wołyń the practice was different. Local municipal court required the oath of a claimant in most criminal cases. It is possible to suppose that it was an example of imitating the land law by the municipal law. We do not know if it was an only example of such a practice or whether there were similar situations in other cities of eastern Republic of Poland. This problem requires further researches.

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Osmanli Deniz Ticaretinde Hukuki Bir Sorun: Kaza Yapan Geminin Mallari

Author(s): Şenay Özdemir Gümüş / Language(s): Turkish Issue: 71/2012

The loss of the goods transported by the sea roads by an accident such as the sinking of the ship caused important financial losses to the merchants. Accordingly, the safeguarding of some of the goods was important as it led the merchants to alleviate their financial losses. However, in this point an important problem faced by the owners of the goods, was the fact that the people safeguarding or finding the goods of the wrecked ships evaluated this situation as an easy way of gain and thus plundered them. In those cases, the return of the goods to their proper owners frequently necessitated legal procedures. In the events of plundering and confiscation, the return of the goods saved from the ship accidents was one of the subjects extant in the maritine commercial law by the ancient Rhodes Law. This subject was important as it was crucial to save the trading capital. The Ottoman Empire regulated this subject in its maritime trade law on the basis of the flag of the wrecked ship Accordingly the Ottoman Empire adopted the principle that the goods saved from the wrecked ships of both belonging to the Ottoman Empire and the nations, which made treaty with the Ottoman Empire, had to be returned to their proper owners. Despite this regulations, as it has been observed from the instances of the Ottoman maritime trade, the merchants faced various problems for the return of their goods sometimes due to the confiscations of their goods by the administrative officials and sometimes due to the plundering of their goods by the local people. In this framework, the legal status of the goods safeguarded from the wrecked ships on the Ottoman seas is analyzed under the light of the evidence of the eighteenth century. This study also investigates the difficulties faced in the return of these goods to their former owners.

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Датирање Законика о рудницима деспота Стефана и садржина његовог ћириличног преписа

Author(s): Andreja Katančević / Language(s): Serbian Issue: 1/2016

Despot Stefan Lazarević enacted the first Serbian law regulating mining. As the Despot Stefan’s Code itself states, it was passed on request of the city council of Novo Brdo, the most significant mining center of medieval Serbia. The Code was written by 24 experienced men and it was given to the Despot for confirmation. The Code contains subject matter similar to medieval European mining laws. The text of the Code is preserved in two manuscripts. The older (Cyrillic) is from the middle of XVI century. The younger one (Latin) is from 1638. The texts of the Code were found in the 1950s. The Cyrillic was published in 1962 and the Latin in 2005. The Cyrillic text is longer and contains two additional parts compared to the Latin text. The first of them is about the regulation of the market of Novo Brdo and the status of the Vojvoda (the military commander of the area of Novo Brdo). The last part is the ending of the charter with the date 29.1.1412. That part is written in different handwriting. Since the introduction of the Code (preserved in both manuscripts) mentions the enactment of the Code at the time of historical events from the year 1398, the question of dating of the Code is interesting. The author tries to discover the identity of the legal acts found in the Cyrillic manuscript of the Mining Code. Furthermore, to determine when and why they were promulgated, and what they referred to. The applied methods are linguistic, systemic and historical interpretation. Results indicate the existence of two legislative acts of despot Stefan Lazarevic. The first is the Mining Law, enacted at the end of 1398 or shortly after. It represents a codification of mining customs of Serbia, which was created on the request and for the needs of the town of Novo Brdo. The second was a reform of the Code of 29 January 1420, which in the first place regulated the position of the “vojvoda” of Novo Brdo, as well as court jurisdiction and other matters in connection with the market of Novo Brdo.

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Działalność gabinetu Leopolda Skulskiego w świetle protokołów posiedzeń Rady Ministrów (13 XII 1919 – 9 VI 1920) i rola rządu w okresie przygotowań do „wyprawy kijowskiej”

Author(s): Jacek Goclon / Language(s): Polish Issue: 2(1)/2014

The government of Leopold Skulski had been active under the pressure of war preparation but was mainly occupied by internal issues. Foreign policy was under the control of the country’s leader, Marshal J. Piłsudski. The cabinet of Leopold Skulski had little room for maneuver, the expenses connected with the war campaign represented 60% of the country’s total budget. Even though war orders had a very positive influence on industrial and agricultural output growth, the bulk of that output had been absorbed by the army, which automatically created problems in the open market. Similarly, the country’s foreign trade balance was significantly overloaded by the burden of military expenditure with inflation providing a source of solid revenue income for covering war expenses. The Skulski government tried to stabilize the internal balance; on 1 April 1920 it unified the various state treasury and taxation systems and on 29 April, it unified the country’s five currencies into a single currency. On 1 June, a unified railway tariff covering the whole country was introduced. During the activity of this government, parliament had to agree an eight hour working day and a 46 hour working week for the workers, as well as providing them with a social security system.

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Instytucja związków partnerskich w świetle przepisów Konstytucji z 1997 roku

Author(s): Tomasz Litwin / Language(s): Polish Issue: 2(2)/2014

The article presents the problem of conformity of civil partnership, i.e. the legally recognized relation of two adults other than marriage, with the selected rules of the Polish Constitution of 1997. The initial analysis concerns the conformity with Article 1 (the Republic of Poland as the common good of all its citizens), Article 2 (the principle of a democratic state ruled by law), Article 25 Section 2 (the principle of impartiality of the public authorities) and Article 32 (the principle of equality before the law and prohibition of discrimination). A particularly important problem is the conformity of civil partnership legalization with Article 18, enforcing the state to protect marriage, family and parenthood. The conformity of civil partnership with Article 31 Section 3, dealing with the possible limitations of constitutional freedoms and rights of the citizens is also discussed. In the final part of the article, the author presents assumptions concerning the possible legal regulations of civil partnership. In his opinion, there are no constitutional or legal obstacles to creating legally recognized civil partnerships in Poland, although the partners should have such rights which are presently available to couples living in informal unions, according to the rules of civil law.

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Inicjatywa ludowa na Litwie i Łotwie po 1991 roku – analiza porównawcza

Author(s): Dorota Maj / Language(s): Polish Issue: 7/2016

Direct democracy is seen as a complementary form of government in relation to representative democracy. It is intended to compensate for the shortcomings of representative democracy, and to ensure the direct participation of citizens in the exercise of power. One of the institutions of direct democracy, guaranteed in the constitutions and other legal acts of Lithuania and Latvia, is a popular initiative. Despite similar historical and political experiences, Lithuania and Latvia differ significantly between each other in their approach to direct democracy, including the popular initiative. The primary hypothesis of this paper is a statement that the popular initiative is a major institution of direct democracy used in these countries, but due to the difficult formal requirements, the institution of popular initiative is ineffective.

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LE RÔLE DU DROIT ROMAIN DANS L’ÉDUCATION JURIDIQUE DE LA RÉPUBLIQUE DE MACÉDOINE

Author(s): Goce Naumovski,Vlado Buckovski,Mirjana Polenak-Akimovska / Language(s): French Issue: 2/2016

Roman law has a clear place in the legal system of countries in Europe. The legal system of the Republic of Macedonia belongs to the Romano-German group. The study of Roman law in law faculties is based on a num-ber of reasons - scientific, educational, didactic and cultural. It has been taught at the Faculty of Law in Skopje since its establishment as a historical-legal discipline. The article discusses the prospects for development of the roman law in contemporary legal education.

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ПОЛИТИКАТА НА ОКТАВИАН АВГУСТ В РИМСКАТА ПРОВИНЦИЯ GALLAECIA

Author(s): María José Bravo Bosch / Language(s): Bulgarian Issue: 1/2015

The figure of Augustus is intimately related to the history of Gallaecia, because it was one of the last territories subject to the rule of the Roman Empire. It is true that Gallaecia did not constitute an administrative division in itself at the time of the Emperor, apart from what the controversial Bierzo Edict might suggest, but this approach was adopted in other to give Gallaecia the place it deserves in Roman history. There is not much information on the military activities carried out in Hispania, probably due to the strong interest in the clashes between the successors of Caesar at the time. The silence of the sources does not help to better understand the evolution of the provincial institutions located in Gallecia. Significantly more information is available from 26 A.D. when Augustus personally took the lead of the war in Hispania, now reduced to the territory of the Cantabrians, Astures, and Galicia, which shows the importance attributed by the new sovereign to the definitive conquest of the entire Hispanic territory.

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Recenzja: Anna Kozłowska-Ryś, Krzysztof Drozdowski, Świat odosobniony. Bydgoska służba penitencjarna w latach 1920–1939, Poznań–Bydgoszcz–Piotrków Trybunalski 2017, ss. 264

Author(s): Jakob Maziarz / Language(s): Polish Issue: 1/2018

The reviewed book is a study devoted to history of interwar (1920–1939) prison system in Bydgoszcz. The work is divided into five chapters. They are: 1) The history of penitentiary service in Bydgoszcz in years 1920–1939, 2) Penitentiary agricultural colony no. 3 in Trzeciewnica, 3) Biographical notes of penitentiary workers in Bydgoszcz, 4) Society for the care of prisoners „Patronage” („Patronat”). According to the opinion of the review author the contents of work is correctly and sufficient for this kind of studies. Reviewer is more critical regarding to the structure of work, which is inconsistent and unclear.

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State and Architecture. Konstantin Päts’ Building Policy of 1934–1940 in Estonia

Author(s): Karin Hallas-Murula / Language(s): English Issue: 03+04/2016

The aim of the article is to highlight the general trend of the strengthening of state control over building activity and architecture in the second half of the 1930s under the ‘strong-hand’ state leadership of Konstantin Päts in Estonia. It was exemplified in the restructuring of building administration, the implementing of new building regulations, in creating new state organisations for architects and engineers, and in the reorganisation of architecture, education, etc. The article examines the personal initiative of the state leader and points out the main promoters of his building policy among architects.

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Partizansko sodstvo v Sloveniji med drugo svetovno vojno: kaznovalna politika in vprašanje smrtnih kazni

Author(s): Tadeja Tominšek Čehulić / Language(s): Slovenian Issue: 2/2009

In the following discussion, on the basis of archive sources and the database of the Institute of Contemporary History in Ljubljana entitled Death toll in the population on the territory of the Republic of Slovenia during WWII and immediately afterwards, the author sheds light on the issue of the organisation and activities of the partisan movement judiciary during World War II. The discussion focuses on the question of the punishment policy and its consequences, especially for the civilian population but also for the partisans. Before August 1943, in Slovenia the partisan movement (military) judiciary was only limited to certain regions, carrying out very simplified and swift judicial proceedings, and even these only periodically. Therefore the research will be limited to the period after the Italian capitulation in the autumn of 1943.

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Recenzija: I processi di Mosca (1936-1938)

Author(s): Janez Peršič / Language(s): Slovenian Issue: 1-2/1974

The review of: I procesi di Mosca (1936-1938), pripravil Pier Luigi Contessi. Bologna, il Mulino 1970

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SOCIAL INSURANCE FOR CLERGYMEN UNDER CANON LAW

Author(s): Arkadiusz Domaszk / Language(s): English Issue: 4/2018

The present paper raises the issue of social insurance for the clergy in the Catholic Church. The first part provides the historical background, norms of the 1917 Code of Canon Law and indications of the Second Vatican Council. The next part discusses the current decrees of canon law and solutions adopted in Poland. At present, the Church has abandoned the beneficial system. Systemic church solutions are based on state legislation. In their absence, decisions are made by the Bishops’ Conference, as well as individual particular Churches. It refers both to social and health insurance.

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PECUNIA“, „MONILІA“ И „MOBILIA“ КАТО ПРЕДМЕТИ В СЪКРОВИЩЕТО

Author(s): Maria Osuna / Language(s): Bulgarian Issue: 1/2019

The article reviews the possible objects included in the treasure, the regulation of this legal institute in ancient Rome, and the possibility of application of Roman Law in comparison with Art. 351 of the Spanish Civil Code in relation to the at-tribution of scientific discoveries and art production to the treasures.

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EVLİLİK VE MÜLKİYET TEMELİNDE İCAT EDİLMİŞ BİR HALK HUKUKU UYGULAMASI

Author(s): Mustafa Aça,Melike Sağlam / Language(s): Turkish Issue: 27/2019

To head mostly towards oral history narratives becomes state of necessity in the way for process and practices of traditional folk life to be followed under chronologic course. A lot of components of folk life, such as practices of folk (public) law, which have not registered due to their informal quality, are able to be determined from primary oral sources as well as detecting in the form of the anonymized narratives. During processes of following of folk life, not only general and regional representations can be encountered but also local ones of which following-up is possible in far more limited area. As a matter of fact, taking over-property (ownership) based marriages which constitute heart of this study had been practised till the late 1920s at some settlements connected to today’s Of and Hayrat districts of Trabzon city. During periods when traditional life and the extended family model are prevalent, in addition to the fact that women who spouse had died are forced to the marriage by members, who have already been married, of powerful families for the purpose of taking over property, taking over the abandoned (become ownerless/unclaimed) property by powerful families through symbolic actions constitutes fundamental problem of this study in invention aspect. Oral history narratives which contain examples of both cases were handed down new generations over experiences and narratives of primary sources who have not lived today, and they gained anonymous character in time. Narratives constituting population of article were determined from old-aged source persons at some settlements connected to Of and Hayrat districts by way of using methods and techniques of field study. In this study, the fact that taking over-property based marriages and actions-for laying claims (ownage) to the ownerless property have become an indigenous folk practice by legitimizing over tradition and belief arguments was discussed through dimensions of culture/tradition invention and social history.

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Agrarian Reform in the Middle East (1945-1965)

Author(s): Behçet Kemal Yeşilbursa / Language(s): English Issue: 25/2019

At the beginning of the 1950s, Turkey, Iran, Iraq, Syria, Egypt, Jordan, Lebanon, Yemen and Saudi Arabia were sparsely populated, and had large areas of agriculturally undeveloped land. In all five countries, share cropping was, or had been, practised extensively and the working peasant populations lived at a meagre subsistence level. Land had tended to accumulate in the hands of a small, but politically powerful, class which had no interest in reform and would block any reforming measures which might be initiated. Nevertheless, agrarian reform was very much on the agenda from 1945 onwards, and was given high priority in the programmes of all radical and revolutionary movements. Between 1945 and 1965, agrarian reform had been introduced into Turkey, Iran, Iraq, Syria, Egypt, Jordan, Lebanon, Yemen and Saudi Arabia with varying effect. However, most governments instituted agrarian reform for political reasons, with not all of them being as successful as they may have hoped. All the same, it seemed clear that in those countries in which reform had taken or was taking place it would be impossible to turn the clock back, and that the power of the landowning oligarchies had been broken once and for all. These countries of the Middle East were moving out of a static, medieval condition, and rapid political, economic and social changes were beginning to take place. However, they all had to realise that agrarian reform was not an end in itself, and that, in order for any kind of land reform to realise its full value, it must be accompanied by reforms in other spheres such as education and administration.

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The Human Right to Convert during the Holocaust in Romania

Author(s): Nicolae Drăguşin / Language(s): English Issue: 12/2019

The paper starts from the following question: How can the problem of conversion be analysed in legal terms? Hence, on the background of the Jews’ conversion to Christianity during the Romanian Holocaust, the present paper focuses only on the legal situation. It argues that conversion represents a personal liberty protected by the human right to freedom of conscience. As long as this assertion is demonstrated, it follows that the state should respect this human right in its legislative activity and, correspondingly, the subjects ought to have the moral duty to disobey the legislation, whenever it violates the human right to freedom of conscience. The present paper analyses Decree-law no. 711 of 18 March 1941, that amended Law no. 54 of 22 April 1928, regarding the cults. That was the Decree-law responsible for banning the conversion of the Jews to other religious cults. The reason behind this amendment was stated by General Radu Rosetti, the Minister of Cults in Ion Antonescu’s government: “The ethnicity of our nation must be preserved from mixing up with Jewish blood. Nowadays, the Jews have the possibility to hide their ethnical origin by moving from the Mosaic cult to our national religions.”

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TRANSFORMATIONS OF SOVEREIGNTY AND PUBLIC LAW IN THA NATIONAL AND EUROPEAN SPACE AFTER 1989

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: 2/2019

The aim of this study is to arouse a debate involving specialists in the field of public law - theorists, practitioners, researchers - and is intended to be a forum for analysis of new research directions on the transformations of public law in the national and European space after the year 1989 and their influences on state sovereignty, as well as the administrative codification in our homeland, where this need for proceduralisation from several directions is felt: public administration, administrative litigation judges and administrative law practitioners. Especially now when we are offered, perhaps not by chance, the opportunity to discuss some conceptual and legal issues of social expression, at least for the last two decades in the attention of those interested in the administrative phenomenon. My daughter wants to have the opportunity to build a secure future in Romania; to study, to get involved in his country and to establish a family. And I think that we citizens, we have to take control of what is happening in our Romania. I want a safe Romania where the administrative law - material and procedural - is part of everyday life. The protection of citizens must be the first priority. The administration must be strengthened and the judicial system improved. We are one of the last states of the European Union that does not have a code of administrative procedure under the conditions of an accentuated Europeanization of administrative law. And regarding the Administrative Code, at the date of the appearance of this study, the Constitutional Court of Romania has already ruled, but it is still to decide, once again, on the unconstitutionality of our administrative Code, adopted by emergency ordinance!

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Disenfranchised by Law - The ‘Numerus Clausus’ in Hungary 1920–1945

Author(s): M. Mária Kovács / Language(s): English Issue: 2/2014

Adopted in 1920, the Hungarian Numerus Clausus law introduced a mechanism to keep Jews out of universities by screening all applicants as to whether or not they were Jewish, either by religion or by birth. Jewish applicants were listed separately and their admission was only possible up to six per cent of all students. In her lecture Mária Kovács challenged a number of false historical legends that understate the significance of the Numerus Clausus law and, more generally, of state-sanctioned antisemitism in the Horthy regime. It provided strong evidence to dispel the convenient legend that Hungarian antisemitism was a policy externally imposed by Nazi Germany. It demo strated that government-sanctioned antisemitism in Hungary was a story in and of itself, a story whose beginnings had predated the rise of Nazism in Germany by over a decade. It showed how the Numerus Clausus law not only legitimised antisemitism as state-policy, but also served as an inspiration all throughout the inter-war years for racist movements to demand further anti-Jewish quotas and legislation.Finally, the paper addressed current implications of debates over the law in Hungary’s mem- ory war and demonstrated how apologetic accounts of the Numerus Clausus still serve to whitewash the Horthy regime from charges of state-sanctioned antisemitism.

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