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The article is devoted to the disposition forms of ducal documents in Wielkopolska (Great Poland). Its first part discusses the forms for exchange, purchase/sale, and security. The forms are analyzed from the perspective of diplomatics, as have the remaining parts of the form of the medieval documents been so far analyzed.
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The aim of the article is to analyze the impact of constitutional provisions on the functioning of professional self-government and their further development in statutory provisions. The author seeks to answer the following questions: what constitutional solutions regarding professional self-government were adopted in the constitutions of the Second and Third Republics of Poland, which constitutional provisions were more conducive to the functioning of self-government, and what barriers it encountered as a result of the introduction of constitutional provisions in the Second and Third Republics of Poland. A hypothesis has been put forward in the paper that the constitutional provisions of the Second Polish Republic were more conducive to the functioning of professional self-government than similar provisions in the Third Polish Republic. In order to confirm the hypothesis, the dogmatic and legal method was employed in the article, which enabled an analysis of secondary and primary documents.
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Both direct and indirect discrimination have developed in the field of gender equality, in particular in connection with the prohibition of unequal pay between male and female workers. Although a general model is maintained, the definitions, at least at the beginning, were nuanced depending on the case: the concept of indirect discrimination was created, at the beginning, in a factual context, resulting from the difference between full-time and part-time workers. However, regardless of the form of discrimination, gender differences are the main cause of discrimination in society, which has led to the development of the principle of gender equality and non-discrimination in European Union law. Gender equality is an area in which, for several decades, the European Union has strongly influenced national policies, in particular through labor market legislation. The European Commission and the Court of Justice of the European Union have monitored the application of European law, sometimes succeeding in forcing Member States that did not want to implement European rules on gender equality.
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The paper aims at shedding light on the initial situation of the Russian, Habsburg and Ottoman Empire at the end of the First World War and discusses the development of the Peace Treaties of Brest-Litovsk, St. Germain and Sèvres. It analyses and compares the provisions of all three peace treaties in question and tries to put them in context. As the German Reich and the Treaty of Versailles already have been subject of numerous academic studies, the paper deliberateley focuses on three before mentioned Peace Treaties, which all played a key role in the decline of multi-ethnic empires.
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In spite of the variety and multitude of judicial authorities, a survey of the judicial insignia in continental Europe between the High Middle Ages and 18th century reveals a surprising uniformity and constancy both in the particular as well as the ius commune legal tradition. The sword of Justice, the Judge`s chair, his robes and book figure prominently in the medieval illuminations. Insignia formed the identity of the judge and served as a reminder of the presence of a political institution of a transpersonal character: the judicial authority was hence represented through the display of the inisignia. The aim of the article is to defend the proposition that the exterior signs of delegated judicial authority in pre-codification continental Europe manifested themselves in a rather consistent appearance because they reflected a common idea of a delegation of judicial authority, which was to be accompanied by the visual transfer of materialised symbols.
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This paper offers an overview of the education law from 1760s to late 1930s and then well-structured analysis of the legal framework for elementary and upper elementary (main) schools from 1938 to 1945, which is characterized by a focus on extensive secondary legislation, which is frequently not even of the Czech origin. The paper intends to illustrate the transformation of the school system from the era of the interwar democratic state through a local variation of fascism into a Nazi-occupied territory where education was mainly intended to serve the indoctrination of children and youth. The author of the paper combines the available laws and regulations with other sources to provide a comprehensive overview of this part of the Czech education system, which has so far been rather neglected in the academic world.
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The study focuses attention on the legal and social factors affecting the formation of the group of so-called Slovak bourgeois nationalists, the fabricated allegations against them often based on real documents, and the overview of criminal procedure, together with its analysis. The author points out that issues pertaining to the constitutional position of Slovakia in the Czechoslovak Republic were addressed through repression of the Communist part of the Slovak intelligentsia. Further, the study demonstrates the existence of a power struggle among the political leaders of the Communist Party of Slovakia and points to the special dedication in the handling of the trials and the interpretation of laws.
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The study deals with criminal law between the two world wars. The first codified Hungarian Penal Code was completed in 1878. The Criminal Code became known as the Csemegi Code. After 1920, there were also a number of changes in criminal law. The main questions of this paper are: How did the economic crisis, the war, and the increasing discrimination from 1938 onward affect criminal law? In the context of the period between 1920 and 1944, the question arises how and whether the representatives of (criminal) jurisprudence took a stand on equality, war and restriction of rights. How has the relationship between the state and the individual changed with regard to public law / criminal law? How did the criminal law tendency appear in Hungarian jurisprudence and how did it influence legislation? How did racial protection appear in Hungarian criminal law thought and practice? How did criminal law develop in practice in Hungary between 1920 and 1944? How did the law of criminal procedure change? The main sources for the research are the legislation and the literature of the time.
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The settlement of the Order of the Holy Spirit in Hungary is unknown. The first Hungarian source remained about the order was found in Nagyszeben (Sibiu) in 1292. This source explains that on 24th June 1292 the city council of Nagyszeben handed over a house with all of its belongings to the order. This house had been used earlier as a hospital with the purpose of holding church services and of taking care of poor and sick people. The order used to own several hospitals in the territory of the Hungarian Kingdom. The cessation of the operation of the order is connected to the development of the embourgeoisement, in the course of which the infirmaries and pharmacies of the order gradually ended up under the supervision of the city councils by the 15-16th centuries. The non-consistent use of the terms cruciferi, hospitalis and Spiritus Sanctus in medieval Latin documents makes it difficult to identify the houses and hospitals operated by the order unambiguously.
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Ljubo Sirc was a member of the Stara pravda group. In 1943, he fled to Switzerland in order to explain the situation in Slovenia to the Yugoslav government and the British Allies, but they would not listen to him. After the Tito-Šubašič Agreement, he joined the Partisans. After the war, he was an interpreter and had contact with British, American and French representatives in Ljubljana. He also tried to organize a political opposition. Ljubo Sirc was accused of spying and treason and was sentenced to death in the so-called Nagode trial. His sentence was then commuted to twenty years of forced labour. After seven and a half years, he was set free in 1954. Because the secret police wanted him to collaborate and because he found no work, he illegally left Yugoslavia and went to Great Britain, where he was a professor of economics in Glasgow. After 34 years, he came back to Yugoslavia for the first time. His verdict was annulled, but he got only a small part of his and his family’s property restituted. In 1992, Sirc was the presidential candidate of the Liberal Democracy of Slovenia.
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Human dignity and the protection of human rights and fundamental freedoms represent the core values of the Republic of Slovenia, thus distancing it from the SFRY, which did not respect the principles of the rule of law and severely violated human rights. In its initial period of operation, the Constitutional Court of the Republic of Slovenia also gave its opinion on the previous regime and its violations of human rights and fundamental freedoms, which was greatly influenced by the judge of the Constitutional Court dr. Lovro Šturm. In many of its court decisions and separate opinions, the Court found that the forms of violence carried out by the communist totalitarian regime in the Slovenian territory were unlawful, since the legislation was illegitimate, and most of it was adopted and used as a means for the violence and carrying out of the communist revolution and the establishment of the totalitarian regime. Furthermore, the judiciary was politically used and misused as assistance in the carrying out and maintaining of the revolution until the fall of the communist totalitarian regime in 1990.
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Dr. Franc Klar (1896–1967) was a doctor and politician from the Prekmurje region. He began participating in politics at the beginning of the 1930s, he was associated with the Slovenian People’s Party and was also elected as a national representative. During the Second World War, he was forbidden from practicing his profession as a doctor and was under constant police surveillance. At the beginning of 1945, he was mobilised as a military doctor and carried out medical examinations of military recruits. Immediately after the war, he became the head of the medical authorities for the Lendava county. He was arrested and imprisoned in July 1945; on 24 August, he was sentenced by the Senate of the Court of Slovenian National Honour in Murska Sobota to 15 years of loss of national honour, six years of heavy forced labour and confiscation of his entire property. The trial was set up quickly, and the Court only considered the incriminating evidence when sentencing him. The trial was of a political nature, and Klar’s rights to a fair trial and defence were violated.
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The first part of the article presents some of the legislative measures regarding the construction of buildings in Bucovina, issued during 1783-1863. These relate to: "fire regulation", "regulation and widening of streets and markets and the use of construction materials only", the construction of adjacent buildings etc. In the second part there are described the typologies of traditional construction in Bukovina, a region where the woodworking craftsmanship has taken shape since archaic times. Over the years, techniques have been developed for a comfortable living, from a single-room dwelling with a porch house, the traditional wooden house evolved to a "room-passage room" type of house, with a veranda, an arbour in front of the house and a pantry on the back. The shape, materials, dimensions and construction technique of the doors and windows, the use of natural building materials for the foundation of the house (cut and shaped stone blocks, without any mortar to bind them) complete the harmonious appearance of the traditional Bukovinian house. The decorations of the houses (often fretwork patterns like rosettes, squares, rhombuses, rectangles, moose, ropes, birds, "trees of life") are characterized by sobriety and include symbols specific to the spirituality of the place. The roofs also have decorative elements like the so-called "beetles", or fumigants and pins on the top. Some of the fences, made of beech or plank, have roofs with two slops, with decorative elements (carving or fretwork) on pillars and gates. Regarding the household annexes (stable with barn, cellar or pantry, summer kitchen) - these are positioned around the house and are built of the same materials as the house.
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The history of Hellenistic Pergamon is deeply affected by the dual status of a polis that also functioned as a dynastic residence. This overlap between civic and royal institutions significantly impacted the political life of the city. This paper contributes to the ongoing debate about honorific habits and the consolidation of the civic elite of Pergamon by focusing on the triangular interactions between the Attalids, their court, and the polis’ institutions in the period from Eumenes I to Attalos III. To do so, several dossiers concerning the priesthoods and religious liturgies of Attalid Pergamon will be reassessed by paying attention to their tenure, appointment, privileges, and the social groups that held these charges.
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At present, terrorism is an atrocious crime with various causes, becoming widely spread worldwide. The causes of terrorism and its correct identification and knowledge are particularly important aspects for the elaboration of those methods of fighting against this extremely serious phenomenon and for reducing the number of its negative effects such as number of victims, negative consequences at social, economic or political level. In what concerns the fight against terrorism, it also takes place at the international level and includes warfare information technology, media, psychological, cultural, etc. elements. This fight against terrorism must be continuous, all over the world and approached from several perspectives such as: diplomatic, military, political, psychological and informational. Concerned with the fulfillment of the general objective of the war against terrorism of the international community, which is given by ensuring that climate of security at national and international level for the states that form it and their populations and of protection against this scourge, the Romanian diplomatic representatives advanced in 2015 the international community’s proposal to create an International Counterterrorism Court, as an international judicial body capable of making a real contribution to this necessary fight. This study presents the issues related to the concern of the international community to combat terrorism and the possible establishment of an international judicial body with competence in sanctioning terrorism crimes, starting from the proposals made in this regard by Romania and Spain.
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Given that, due to his physical and mental immaturity, the minor child needs protection, he is placed by law under the protection of fully capable persons. In principle, the law places the child under the protection of his parents who are primarily responsible for his upbringing and development. They have the task of ensuring the defense and full realization of the personal and patrimonial interests of the child and of the rights that the law recognizes. In order to achieve this goal, parents must fulfill a series of obligations and exercise a set of rights that concern both the person and the child's property and make up in their entirety the content of parental protection. The institution of protection of the minor through parents, known in other legislations as parental authority, a notion that the Romanian legislator uses in the new Civil Code to designate the set of rights and duties regarding both the person and the child's property, is the natural and natural way protection of the child intended to ensure the full and harmonious development of his personality, as well as his material well-being. The legislation of this institution, based on the idea of child protection, has as its supreme consideration the optimal satisfaction of the child's interests. The best interests of the child are the guiding principle for parents who exercise their rights and fulfill their obligations to their children. The law does not define the content of the notion of interest of the child, remaining at the sovereign discretion of the judge. The protection of the minor child by his parents is primarily aimed at his person and is achieved through a set of parental rights and obligations that are part of the personal side of this protection. The content of the personal side of the protection of the minor through the parents presents certain particularities from the point of view of the rights and obligations that enter in its composition, depending on the legislation in which they are regulated. In principle, the parental rights and obligations regarding the person of the minor are exercised and fulfilled jointly by both parents. The exercise and joint fulfillment by the parents of the parental rights and obligations regarding the person of the minor presupposes that the decisions regarding him / her must be taken together by the parents, and always have applicability in the situation of the married child whose parents live together. In the situation where the parents are separated, as well as in the case of the child out of wedlock, the question arises as to whether or not this principle is still applicable. In this respect, the analyzed legislations offer different solutions. Thus, in the event that the child is entrusted to one of the parents, he exercises parental rights. The other parent reserves the right to have personal ties with the child and to watch over his or her upbringing, education, teaching and vocational training. He also has the exercise of the rights to consent to the adoption and marriage of the child, as well as the obligation to support the child. If the court entrusts the child to a third person or a care institution, the parental rights and obligations regarding the person of the minor will be exercised and fulfilled by the person or care institution to whom the child has been entrusted. In the case of the child out of wedlock, the rights and obligations are exercised and fulfilled by the parent to whom the child has established the parentage. If the parentage is established with respect to the second parent more than one year after the birth of the child whose parentage has already been established with respect to the other parent, the latter remains alone invested with the exercise of parental authority. If the parentage has been established in court against the second parent, parental authority is exercised by the parent to whom the child first established the parentage. Parental protection, in its entirety, consists of a set of obligations and rights assigned to parents not in their interest, but in the interest of the child. The fulfillment and exercise in the interest of the minor of the obligations and rights that enter into the content of the parental protection on his two sides, personal and patrimonial, has as finality the protection of the child's person and his goods.
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There is a specific legal duality in the scope of the Statute of the Muslim Religious Union. The Statute of 1936 and the one adopted today – in 2009 – are probably in force at the same time. The Spokesperson of the Muslim Religious Union confirmed the noticed legal dualism. The Polish legal order does not provide for the possibility of not applying the universally binding act, unless the competent authority decides on non-compliance with the Constitution. However there was a doubt which Statute is valid. I signal the potential consequences of such a state of affairs and possible solutions this situation.
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In a world where there is increasing globalization and the permeation of the institutions of the once completely conflicting legal systems, the harmonization of legal rules and practices is necessary. This process has not bypassed the European Union either, where it has been particularly intense since the 1980s. However, this intertwining does not only lead to the appearance of the same solutions in once different legal systems, but very often affects the fundamental principles of each individual legal system. A good example of this is the English institute of trust, which owes its origin and development entirely to the Anglo-Saxon legal spirit, and which appears more and more often in the practice of European-continental courts. In the paper, the author gives a brief overview and analysis of the most important conventions and documents by which international actors tried to harmonize the rules regarding the recognition and application of trusts, and based on this, the author will try to predict the further fate of trusts in Euro-continental law.
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In the paper, the author provides an overview of marriage law in the medieval Serbian state with special reference to the same material in Dusan’s legislation. This important branch of civil law at the time of Emperor Dusan is contained in an abbreviated Serbian-Greek collection of civil and ecclesiastical regulations called the Abbreviated Syntagma of Matija Vlastar. A third of the content of this compendium consists precisely of excerpts from the marriage law. The Serbian editors, when abridging the Syntagma, intervened the least on the issue of marriage law. This collection of regulations was created as a practical handbook for imperial judges in Dusan’s empire. In addition to the Abbreviated Syntagma of Matija Vlastar and the socalled Justinian’s Law, as the pinnacle of the legislative work of Emperor Dušan, comes his Code, which with its provisions follows the Byzantine legal tradition, but also fills legal gaps. These three legal collections form what is today called Dušan’s legislation in science. Marriage law in the Serbian medieval state, as in other Christian states, was under the jurisdiction of the church. That is why legal codes were applied, which had both civil and church regulations. In the Byzantine legal tradition, these collections were called Nomokanon.
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The extensive diplomatic action with which the Austro-Hungarian monarchy began in 1875 ultimately resulted in the Berlin Congress and the acquisition of a mandate to occupy Bosnia and Herzegovina. This act led to a series of changes, both in terms of the international legal position of the occupied territory, and in internal issues. The author deals with the circumstances that preceded the occupation of Bosnia and Herzegovina, the way in which it was carried out, as well as the internal changes that it led to, placing special emphasis on the organization of government and the legal system.
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