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Legislaţia maritimă a Uniunii Europene-1958-2013
The maritime European law adopted during the period 1958-2013
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The maritime European law adopted during the period 1958-2013
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Convenţia internaţională din 1952 privind competenţa civilă în materie de abordaj1, cu observaţii de Pierre Bonassies
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On February 22 / March 6, 1821, a detachment of Greek insurgents under the leadership of Alexandru Ipsilanti clandestinely gathered in Bessarabia, crossed the border from the Prut River and, reaching Iaşi, triggered insurrectionary actions against the Ottoman domination. As a result, from March to September 1821, in Bessarabia came more than 40 thousand refugees from the Principality of Moldavia. Among them was the former great treasurer of Moldova, Iordache Ruset-Roznovanu, together with his family, as well as the Agha Iordache Ghica. During his stay in Chisinau, a trial arose between Iordache Ghica and Alecu/Alexandru Ruset-Roznovanu, the younger son of Iordache Ruset-Roznovanu, in connection with the claim that the former had submitted, to be reimbursed the sum of 23,900 Dutch thalers, which the latter owed him. The article follows the unfolding of the lawsuit filed by Iordache Ghica against Alecu Ruset-Roznovanu for debt recovery.
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The Congregation of the Sisters of St Catherine the Virgin and Martyr (Sisters of St Catherine) dates back to the second half of the 16th century. It was founded in 1571 in Braniewo (ger. Braunsberg), in Warmia (ger. Ermland), as a result of changes taking place in the Church after the Council of Trent. Its founder was Blessed Regina Protmann (†1613), who combined contemplation with apostolic activity in the newly established community of sisters. The first Rule of the congregation was drafted with the support of the Jesuits, who had been active in Braniewo since 1565, with the approval of the then Warmian bishops (Marcin Kromer, Piotr Tylicki). In the following centuries, and especially in the 20th century, these principles of community life were modified, mainly due to the thought of the Second Vatican Council.
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The article is devoted to the description of the legal status of married women in the Russian Empire of the 19th — early 20th centuries. On the basis of a gender approach, the analysis of legislation was carried out. The author made use of a range of documentary sources and concluded that the legal status of women was based on conservative-patriarchal ideas about the purpose of the sexes. There was a gender hierarchy in the country, which fixed the secondary position of women, who were completely subordinate to her husband.
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International tax doctrine has paid little attention to tax amnesties, since they were usually solving tax issues. In this article, the author looks into Spanish tax amnesties from a historic point of view and focuses on the recent express prohibition of carrying out tax amnesties in Spain. A proposal for a constitutional reform needed in order to tackle this issue is put forward.
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Diplomacy is a state activity focused on international relations with other states and international organizations. It is a unique combination of knowledge of law, politics, and economics that should be applied in foreign policy in order for the state to achieve the best possible position in the international community, that is, international relations. States have always been directed at each other, but today in the globalized international community, no state can be isolated and survive as such. The world is unimaginable without the comprehensive cooperation of states. Multilateral diplomacy as a feature of the contemporary international community has a special role in the conditions of globalization. It is the result of new circumstances in the world and the general connection of states, and the need to solve issues on a global level that often relate to all of humanity. The paper deals with the issue of multilateral diplomacy as an important factor of the globalized international community in which there is a universal connection of states, as well as the need to solve numerous global issues on a wider forum based on the cooperation of all participants in international relations.
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In the Tanzimat Firman, signs of new regulations in the field of law were given. The first movement in this area started with the preparation of the Criminal Code in 1840. The deficiencies of this first law of the Tanzimat period were tried to be complemented by the penal codes that were prepared and put into effect in 1851 and 1858. The Tanzimat period is also a period in which important changes occurred in the central and provincial organizations. Muhassıl councils had been established in the provinces within the scope of reforms in the financial field. After the Muhassıl system is terminated, these councils continued their existence as a state, sanjak and county councils. It was been also given to this council the power to hear criminal cases, that is, to enforce the penal code. The cases were sent to Majlis-i Vala, which was also the supreme court of appeal and was authorized as the final decision authority. There are many records regarding these cases in the Majlis-i Vala Notebooks. In this study, the crimes and penalties that occurred in the Skopje Sanjak and reflected in the Majlis-i Vala Notebooks will be determined, thus, concrete pieces of evidence that the Penal Code of 1858 was implemented will be put forward.
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Horowitz rejects reparations for African Americans. We demonstrate that their heirs are entitled to the property illegitimately obtained by the slave owners. When we operate under the libertarian homesteading principle, the land should be redistributed back to the people who worked and tilled it first. That is, the black slaves. Horowitz’s claims against reparations serve as a poor refutation towards the reparations argument. African Americans are entitled to the “40 acres and a mule” that was promised, yet never fulfilled. We rely upon libertarian theory to clearly understand the case for reparations.
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It is a well-known truism that Bosnians played an important role in Ottoman history, especially during the so-called Golden Age of the Ottoman Empire. This has long engaged Bosnian Orientalists, who have unearthed and translated a veritable plethora of Ottoman documentation and manuscripts dealing with Bosnia and Bosnians during the Ottoman period. This article attempts to add to that long scholarly tradition by sketching out how Ottoman ethnography perceived Bosnians and the historical context in which these perceptions were embedded.
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The purpose of this paper is to examine the historical roots of the Chinese legal system who is one of the oldest in the world. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system. The analyses of the Chinese law documents led to results that largely confirm that the Chinese have written their own laws since ancient times, a peculiarity which compares them, for the historical and characteristic period, with the Romans. Chinese law is a legal system integrated into a certain philosophical conception, namely Confucianism. The research methods used were: analysis, synthesis, deduction, analogy and comparison. The analysis of the Chinese legal system have allowed to reveal that different branches of law as civil law, family law, administrative law, and criminal law have some peculiarities in ancient Chinese laws that were presented in this article.
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The Ottoman Empire had many different ethnic elements. The state in question has managed to manage these different groups in terms of religion, language, race and culture for centuries with a tolerant administration and understanding of justice originating from the religion of Islam. It has provided the citizens of different religions with the opportunity of judgment, administration and administration according to their own religions. In local administrations, he allowed non-Muslims to be governed by their own clergy as long as they did not rebel against the state. Although there are congregational courts, it also gave the aforementioned subjects the right to bring their cases to the shari'a courts if they wished. In line with this right, non-Muslims often brought their cases to the sharia courts. In the study, the legal demands and lawsuits of the people of Livane, from the beginning of the 19th century to the end of the reign of Sultan Abdülmecit, were handled separately as non-Muslims and Muslims. During this period, non-Muslims had requests and lawsuits regarding the church, estate, permission, receivables, conversion and denomination movement, appointment of proxy, executive director, consul and murder. Those of the Muslims are claims and lawsuits about inheritance, family law, permission, debt, theft and murder. As it is understood from the documents, both Muslims and non-Muslims conveyed their cases to Istanbul with petitions and demanded that orders be sent to the administrators of the sanjak to which Livane was affiliated, for the settlement of their cases in the shari'a courts. If it was not possible to resolve the case, they requested that the defendants be summoned to Istanbul and held their hearings. The state dealt with the complaints and demands of all the people and sent orders to the local administrations to solve the cases and to fulfill the requests. With the request to report the results of the cases to Istanbul again, the follow-up of the results was also carried out. As it can be understood from the documents, non-Muslims had their own courts and conveyed their cases to Istanbul with petitions. The state also approached the wishes of the people positively, without discriminating between Muslims and non-Muslims. Although the Ottoman Empire responded positively to the requests of non-Muslim subjects, it was understood from a document belonging to the period that these subjects did not behave tolerantly towards each other. When a non-Muslim changed his sect and got married to an Armenian nation, the Catholic nation imposed a fine on this person.
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Review of: Nathalie Kálnoky: The Szekler Nation and Medieval Hungary. Politics, Law and Identity on the Frontier. Übers. von Farkas Kálnoky. Bloomsbury Academic. London – New York 2020. XVII, 240 S., Ill., graph. Darst., Kt. ISBN 978-1-7883-1482-4. (€ 130,–.)
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The military invasion by the Russian Federation in Ukraine does not leave any space for nuances as it is a violation of an essential principle of International Law, namely the prohibition of the use of force. This basic rule is enshrined in Article 2 para 4 of the Charter of the United Nations and it constitutes one of its main objectives, as well. However, the Charter does not provide a definition of the act of aggression, which was given in 1974 by the General Assembly in its Resolution no. 3314 and served as an inspiration source in defining the crime of aggression by the Kampala Amendments to the Rome Statute of the International Criminal Court. The aim of this paper is to analyse the elements of aggression as an internationally wrongful act which trigger the international responsibility of a State and to draw distinctions from the elements of the crime of aggression which trigger the individual responsibility.
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his paper, based on the material of the district sharia court in Mostar, depicts the way of life of the inhabitants of the city and surrounding places. Although only fragmentarily preserved, this material with its colorfulness indicates the most important aspects of everyday life and especially family problems. Documents show that qadi was a key witness of all life events, from the registration of birth to the registration of the death, represents the last hope in the protection of rights during family disputes. his especially refers to the issue of marriage, divorce but also inheritance, giving power of attorney, declaring adulthood, and checking “moral” behavior. All these questions are crucial for understanding the broader picture of everyday life and the change that occurred with the arrival of the Austro-Hungarian monarchy. he issue of the position of women and their rights during divorce and personal property management is especially emphasized. Does detailed analysis leads to the dilemma of how realistically the position of women has been presented in historiography so far?
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In contrast to the 12th and 13th centuries, the sources for the study of the Kotor notary in the 14thand 15thcenturies are significantly more numerous and diverse. In the first place, there are office notarial writings that have been preserved from the period 1326-1337, then the second half of the last decade of the 14th century, and, almost continuously, from the end of the second decade of the 15th century. Apart from them, individual documents created in the Kotor office during the 14th century have been preserved, which represent a very valuable source for studying the time when certain notaries worked in Kotor. An extremely important source for the study of this issue is the Grbalj cadaster which contains the notes of notaries and chancellors who drew up documents on the ownership of land holdings in Grbalj. Mentions of some Kotor notaries and the time of their activity can be found in the Dubrovnik archives of the 13th15th centuries. A special type of source about Kotor notaries of the 14thand 15thcenturies contains their lists. One such can be found in the Zagreb copy of the Kotor Statute and contains a list of notaries from 1380 to 1487. The second one is the list of notaries and chancellors located in the National University Library in Zagreb. It is a particularly valuable source for the chronology of Kotor notaries from the second half of the 14th century, providing information about them until 1705. It brings the names of some hitherto little-known Kotor notaries from the beginning of the 15th century.
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Every social phenomenon has its own "life" cycle from origin and development to termination. It's the same with marriage. However, the termination of marriage should not produce negative consequences primarily for children, as subjects who did not decide on the formation or termination of marriage, but also for the family as a community of special social interest. That is why the institution of mediation has been established in the legal order, as a kind of "therapeutic" institute that should help overcome all the negative consequences of the end of a marriage, both on the part of the children and the spouse. The paper, therefore, emphasizes the constitutional foundations of marriage and the family, with a special focus on mediation before divorce, intending to analyze normative solutions and their application in practice, and offering de lege ferenda proposals in the existing constitutional and legal frameworks to help people when solving possible misunderstandings that can weaken marital bonds and destabilize the entire family system with their negative consequences. We focused special attention on the advantage of mediation in resolving marital disputes, and the most common contents of mediation during divorce are also listed. If problems arise in the marriage due to which it cannot survive, thereby losing its function, the spouses initiate a divorce case before the competent court. Before making the final decision on divorce, the spouses are obliged to turn to a competent mediator who will provide them with the necessary assistance to determine the possibility of survival of the marital union. To collect the highest quality data, empirical research was conducted in cooperation with centers for social work throughout Bosnia and Herzegovina, which we used when analyzing the current situation and synthesizing conclusions to improve it.
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The present scientific approach is an attempt to demonstrate the cohesion between the theory of constitutional law and the socio-political realities of Bessarabia, later called the Moldavian Democratic Republic, in the period 1917-1918. For this purpose, the concept of constitutionalism is considered as the right dimension for generalizations and conclusions on this aspect, especially considering its complexity and its comprehensive character, for the whole range of fundamental social relations. Finally, here are mentioned the intellectual efforts of that time, oriented towards the constitutional foundation of the state organization on the territory of Bessarabia, without any external interference, as well as the value of constitutional law sources from the invoked period, the constituent and indisputable part of national constitutionalism.
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The article examines the establishment of the tax for unmarried and childless persons (bachelor tax) and its historical development during the four Bulgarian constitutions. The problems of the legislative process are being explored, as well as those of the compliance of the bachelor tax with the constitutional and tax provisions, with the principles and objectives of taxation, the fundamental rights and constitutional principles. The article discusses the possibility for the establishment of this tax in modern times.
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The need to codify the fields of interest of the legal world has been a challenge for legal professionals since ancient times. The field of administrative law has shown us, in turn, the importance and opportunity of such codification. For this reason, we have chosen to analyze the Romanian legal activity regarding the reforms in the public administration area at the end of the feudal era to observe what the importance of this activity in the elaboration of the Administrative Code is. As a working method, we used the critical, exploratory analysis on the historical-legal context that determined the administrative reforms of the mentioned period, as well as the effects produced by these reforms. As a bibliographic material, mainly, we have analyzed works in the history and law areas, especially administrative law area.
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