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Právna úprava pozemkového vlastníctva v Československu do prijatia občianskeho zákonníka z roku 1950.

Právna úprava pozemkového vlastníctva v Československu do prijatia občianskeho zákonníka z roku 1950.

Author(s): Martin Skaloš / Language(s): Slovak Issue: 3/2012

The article provides a brief historical and legal development of land ownership in Czechoslovakia until the adoption of the Civil Code in 1950. In the historical development it occurs regularly in greater or smaller degree that it was restricted for private or public ends. The Industrial Revolution in the 19th century brought the necessity of change in the possession and land ownership, which was considered as a corner stone of the production. In the Czech regions and Slovakia the revolutionary changes occurred in the 20th century, when the response to new European post-war organization and the establishment of independent Czechoslovak Republic brought about the demand of radical changes in land ownership. However, since the second half of 20th century came radical changes in political and economical organization of society and associated land owners restrictions, for the purpose of realization of the idea of gradual land collectivization, which was significantly reflected in the creation of new users relations intervening in the land ownership.

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Imperial Cities and the Second Hussite War (1467–1471) Using the Example of Nuremberg: Eff orts to Support the Imperial Cities in the War Against the Bohemian King

Imperial Cities and the Second Hussite War (1467–1471) Using the Example of Nuremberg: Eff orts to Support the Imperial Cities in the War Against the Bohemian King

Author(s): Martin Šandera / Language(s): English Issue: 1/2023

Using the example of Nuremberg, the study follows the attempt to use imperial cities for the purpose of the pope and the Roman Curia to unseat the Utraquist George of Poděbrady from the Bohemian throne and launch a new crusade against the Czechs. It analyses their position as military powers and, to a lesser extent, intelligence centres, and shows the composition of city councils and their eff orts to maintain independent political progress.

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Both Elected Representatives and Imperial OfI cials? The Mayors’ Installation in the Statutory Cities of Habsburg Austria 1860–1918

Both Elected Representatives and Imperial OfI cials? The Mayors’ Installation in the Statutory Cities of Habsburg Austria 1860–1918

Author(s): Martin Klečacký / Language(s): English Issue: 1/2023

The article focuses on the specific legal status of statutory towns in Austria from the restoration of constitutionalism in 1860 to the end of the monarchy and on the peculiarities of their administration. Special attention is paid to their method of selecting representatives since the mayors of the statutory towns were subject to the approval of the government and the emperor. The article examines the impact of the confi rmation process on the selection of mayors, and to what extent and in what manner the government exercised its option to exclude certain elected individuals from the leadership of the statutory cities. It shows the changes in the approach of the government after the 1870s and concludes in stating the inefI ciency of this tool.

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Post-WWII Purge and the Changes in the City Administration in the Territory of Southern Slovakia: A Case Study of Košice

Post-WWII Purge and the Changes in the City Administration in the Territory of Southern Slovakia: A Case Study of Košice

Author(s): Patrícia Fogelová / Language(s): English Issue: 1/2023

The paper addresses the changes in the city administration after the Second World War related to the process of purge in the territory of southern Slovakia, which between 1938 and 1945 was ceded to Hungary. I intend to examine the changes in the city administration of Košice, a city located on the Hungarian–Slovak ethnic border. Its inhabitants were confronted with anti-Hungarian policies after the war, handled by the local authorities – the members of the Administrative Commission and the National Committee. These members possessed extensive competences concerning the confi scation of the property of “Germans, Hungarians, traitors and collaborators”, land reform, the purge of public and political life, the establishment of national administrations, the restoration and reconstruction of the national economy and tasks in the social and health spheres. This also included legal measures against public and civil servants of Hungarian and German nationality, adopted by the Slovak National Council. In my research, I intend to answer a number of questions: How did the local authorities deal with the civil servants? Which civil servants were dismissed and which remained in place? What criteria were important for them to remain in their posts? Why did some of them continue to work for the city? In addition, how did the loyalty of these civil servants to the restored Czechoslovakia change?

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Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808-1852)

Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808-1852)

Author(s): Marta Tomczak / Language(s): English Issue: 3/2024

Review of: Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808–1852). (Legal History Library, Bd. 57.) Brill Nijhoff. Leiden – Boston 2022. XX, 281 S., Ill. ISBN 978-90-04- 50669-5. (€ 117,70.)

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RAZVOJ MEĐUNARODNOG PRAVA NAKON DRUGOG SVJETSKOG RATA

RAZVOJ MEĐUNARODNOG PRAVA NAKON DRUGOG SVJETSKOG RATA

Author(s): Slaven Knežević,Tijana Martinović / Language(s): Bosnian Issue: 54/2024

The era following World War II marked a significant turning point in international relations and law, laying the groundwork for a new legal and political paradigm. This paper deals with the study of the evolution of international law in the post-war period, focusing on the innovations, challenges, and changes that shaped the global legal order. Our analysis begins by considering the establishment of the United Nations and their role in promoting international peace, security, and justice, as well as the impact of their normative frameworks on international law. Considering that „authors either completely avoid the problem of defining international law; or avoiding definition, they only analyze the nature and role of international law; that is, the social function of international law, its relationship with justice, morality, general social interest, etc.,“ (Krivokapic, 2017:28) we will try to give a correct definition of international law as international law is a set of rules and norms that regulate relations between states and other subjects of international law, such as international organizations and, to a certain extent, individuals. This law encompasses a wide range of issues, including diplomatic relations, trade, war and peace, human rights, environment, maritime law, and much more, and in the continuation, we will cover the development of all these branches of law immediately after World War II.

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DEVELOPMENT OF INTERNATIONAL LAW AFTER WORLD WAR II

DEVELOPMENT OF INTERNATIONAL LAW AFTER WORLD WAR II

Author(s): Slaven Knežević,Tijana Martinović / Language(s): English Issue: 54/2024

The era following World War II marked a significant turning point in international relations and law, laying the groundwork for a new legal and political paradigm. This paper deals with the study of the evolution of international law in the post-war period, focusing on the innovations, challenges, and changes that shaped the global legal order. Our analysis begins by considering the establishment of the United Nations and their role in promoting international peace, security, and justice, as well as the impact of their normative frameworks on international law. Considering that „authors either completely avoid the problem of defining international law; or avoiding definition, they only analyze the nature and role of international law; that is, the social function of international law, its relationship with justice, morality, general social interest, etc.,“ (Krivokapic, 2017:28) we will try to give a correct definition of international law as international law is a set of rules and norms that regulate relations between states and other subjects of international law, such as international organizations and, to a certain extent, individuals. This law encompasses a wide range of issues, including diplomatic relations, trade, war and peace, human rights, environment, maritime law, and much more, and in the continuation, we will cover the development of all these branches of law immediately after World War II.

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ПРАВОТО НА УБЕЖИЩЕ В ЕКЛОГАТА И В НАЙ-РАННОТО СЛАВЯНСКО ПРАВО

ПРАВОТО НА УБЕЖИЩЕ В ЕКЛОГАТА И В НАЙ-РАННОТО СЛАВЯНСКО ПРАВО

Author(s): Ivan Bilyarski / Language(s): Bulgarian Issue: 1/2024

The article offers a comparative analysis of the regulation related to the right of asylum in Byzantium and in Bulgaria. The texts of the Ecloga and the Zakon soydnii ludem are compared and analyzed. The differences are located in the different historical environment of the iconoclastic and post-iconoclastic eras.

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ПРАВОТО ПРЕЗ ПОГЛЕДА НА УЧЕНИЯ, СЪДИЯТА И ПОЛИТИКА

ПРАВОТО ПРЕЗ ПОГЛЕДА НА УЧЕНИЯ, СЪДИЯТА И ПОЛИТИКА

Author(s): Yanaki Stoilov / Language(s): Bulgarian Issue: 1/2024

The article shows that the perception of the law depends on the point of view of the one who works with it. Three perspectives are particularly important: those of the scholar, the judge, and the politician. Each of the professions that has law as its object foregrounds specific requirements, the fulfillment of which determines the quality of the respective activity The topic has already been partially and more generally raised and addressed in two foundational lectures by Max Weber: Politics as a Vocation and Science as a Vocation, but specifically for law and in the chosen triple relation it contains novelty. What is new is the 'three-dimensional' delineation of the roles into which the lawyer can enter as scientist, judge or politician. The views of law and the operation of law dictated by each of these roles require distinctions and parallels to be drawn between them. Such parallels are consistently drawn between the way law is viewed and used by scholar and judge, scholar and politician, and judge and politician. The comparative analysis shows both the commonalities and the differences in the treatment of law by each. Points of congruence are found even where they seem least, between the judge and the politician, and differences are found even between the modus operandi of the legal scholar and the judge, activities that are inherently compatible.

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ОТНОСНО ПОНЯТИЯТА „СЪЩНОСТ“ И „СЪДЪРЖАНИЕ“ НА ПРАВОТО НА СОБСТВЕНОСТ

ОТНОСНО ПОНЯТИЯТА „СЪЩНОСТ“ И „СЪДЪРЖАНИЕ“ НА ПРАВОТО НА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2024

This article is devoted to a controversial interpreted theoretical problem - that of the categories "essence of the right of property" and "content of the right of property." The emergence and accentuation of their distinction in the German legal doctrine is traced, as well as how the issue of their conceptual perception in the Bulgarian civil studies stands. The conclusion is drawn that their distinction is permissible, but only in a strictly contextual aspect, when a parallel is drawn between the abstract thinking of property rights in general and the concrete situation of an individual property right located with a specific owner.

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ОТНОВО ОТНОСНО РАЗПРОСТИРАНЕТО НА ИПОТЕКАТА ВЪРХУ ПРИРАЩЕНИЯ: ОПИТ ВЪРХУ ТЪЛКУВАТЕЛНИТЕ МЕТОДИ В ПРАВОТО

ОТНОВО ОТНОСНО РАЗПРОСТИРАНЕТО НА ИПОТЕКАТА ВЪРХУ ПРИРАЩЕНИЯ: ОПИТ ВЪРХУ ТЪЛКУВАТЕЛНИТЕ МЕТОДИ В ПРАВОТО

Author(s): Andrey Georgiev / Language(s): Bulgarian Issue: 1/2024

The article examines the development of the jurisprudence of the Bulgarian Supreme Court of Cassation on the issue whether a mortgage (lien) registered on a landplot can extend its effect to buildings built in the same plot after the registration of the mortgage deed. The gradual development of the interpretation of potentially conflicting provisions - art. 170 and 175 of the 1950 Obligations and Contracts Act - has been traced to clarify why the final conclusion that the mortgage lien extends to all buildings constructed in the landplot, for which the mortgage is registered, after the latter's registration. The author presents the thesis that this approach is an evolutionary development of the rules of use of interpretive methods in Bulgarian law, introducing the interpretation in accordance with basic legal principles as the main and preferred interpretive method. A breif comparison with developments in Roman law is also provided.

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Някои аспекти на правния статут на споразумението „Белев-Данекер“

Някои аспекти на правния статут на споразумението „Белев-Данекер“

Author(s): Stanislav Stanev / Language(s): Bulgarian Issue: 4/2023

The „Belev-Daneker” agreement is often seen as an element of state anti-Semitism on the part of the Kingdom of Bulgaria. However, these analyzes prioritize the ideological content over the legal status of the document.

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Köy Postası Dergisinde Hukuk, Sağlık ve Eğitim (1944- 1950)

Köy Postası Dergisinde Hukuk, Sağlık ve Eğitim (1944- 1950)

Author(s): Gülbin Fırat Onat / Language(s): Turkish Issue: 1/2024

During the Republican era in Turkey, the peasantry was defined as an indispensable element of national identity. How the peasantry is perceived has greatly been affected by the change in the traditional land system. The majority of the population being peasants plays a significant role. It has changed from a romantic interest to a state policy. Various similar reasons also played a role in this transformation. Thus, the new regime aimed to consolidate the regime by including the peasant population in the modernization project. One of the main tools of the project of transforming the peasant population into citizens has been education. Various educational institutions and periodicals educated the rural population. They focused on peasantry. The study will examine articles on law, health, and education in Köy Postası magazine's issues between 1944 and 1950. The magazine published articles about peasantism during that time. In the journal, articles on law, health and education were selected and the document analysis and scanning model was used. The articles were evaluated under separate headings. It was seen that the state's peasantism discourse was conveyed verbatim in these articles. At the same time, these selected articles were evaluated in the context of the rural policies of the state. This occurred in the fields of law, health, and education in the early years of the Republic.

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WOMEN AND WOMEN MINSTRELS IN THE REPUBLICAN PERIOD OF TÜRKİYE

WOMEN AND WOMEN MINSTRELS IN THE REPUBLICAN PERIOD OF TÜRKİYE

Author(s): Sibel Karadeniz Yağmur / Language(s): English Issue: 46/2024

The Republican era is a period in which extraordinary changes began for women and women minstrels. This article aims to reveal the changes for women in the Republican period of Türkiye, to evaluate the effects of these changes on women and the women Minstrels in this period. The study argues for changes in women’s rights in the Republican period and reveals the lives and mysteries of the prominent women Minstrels in the Republican period. In conclusion, The Republican period is a period of significant changes in women’s rights and life. The most important of these changes is the enactment of the Civil Code. In the Republican Period, we see that women minstrels stood out more, and revealed themselves more easily during this period and the number of women minstrels increased. Among the female minstrels, Arzu Yiğit (Arzu Bacı), Ayten Çınar (Gülçınar), Ayşe Çağlayan, Döne Sultan Can, Durşen Mert (Nurşah Bacı), Güllühan, Hatice Şahinoğlu, İlkin Manya (Sarıcakız), Kevser Ezgili (Ezgili Kevser), Sürmelican Kaya ( Sürmelican), Şahsenem Akkaş (Şahsenem Bacı), Şah Turna Ağdaşan, Telli Gölpek (Telli Suna), Vasfiye Hanım and Yeter Yıldırım came to the forefront.

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Atatürk Döneminde Temel Çocuk Hakları (1923-1938)

Atatürk Döneminde Temel Çocuk Hakları (1923-1938)

Author(s): Demet Cansız / Language(s): Turkish Issue: 2/2024

After the establishment of the republic, one of the biggest problems in the country is the issue of children, which has been to be treated with respect to political, social and judicial perspectives. The increase in children's problems that was observed after the Batlles of Tripoli and Balkans and World War I continued during the period of the War of Independence, and especially the issue of child protection reached dimensions that could not be neglected. Moreover, the developments in the 20th century world have ceased to consider “child” as a mere and little individual, but have considered “this” as very important and strategic issues such as the continuity of the population, the development, welfare and status of countries. At this point, it became necessary to find permanent solutions to the problems and needs of the child, which was considered as a "matter of survival". After the republic, this issue was followed at the international level, and arrangements were made for the basic and priority needs of children such as nutrition, care, protection, health, education, and labor. In this process, children's fundamental rights and needs were considered through charitable institutions that were transferred from the Otoman Empire to the Republic, new policies developed by these institutions, laws, measures, and inspections. In this study, the children's policies produced as a result of domestic and foreign developments during the Atatürk period are evaluated in many respects through archival and press sources and the modern literature.

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The Historical Development of Children's Rights and Its impact on Legitimate Politics and International Conventions

The Historical Development of Children's Rights and Its impact on Legitimate Politics and International Conventions

Author(s): Sanaa Elshaarawy / Language(s): English Issue: 4/2024

The research seeks to achieve a basic goal of shedding light on the historical development of the concept of children's rights and the extent of its impact on legitimate politics and international conventions, especially in light of what we are witnessing at the contemporary time of violations of children's rights and their repercussions on the respect of political systems for such rights through the activation of constitutional rules that provide for child protection, and the activation of mechanisms for the application of these texts, and this is what calls for addressing the concept of the legal personality of the child in ancient legislation such as the legislation of Hamo Rabi, and legislation Pharaonic, Greek and Roman, Then exposure to the position of Islamic law and international conventions on the rights of the child by answering the problem that the extent of the historical development of the concept of children's rights on legitimate policy and international conventions?.

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Бракът и семейните отношения в древноизточните цивилизации
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Бракът и семейните отношения в древноизточните цивилизации

Author(s): Hristo Pavlov / Language(s): Bulgarian Issue: 4s/2024

This article examines the relationships related to marriage and family in the countries of the Ancient East. Their specifics in Ancient Egypt, Babylon, Ancient India and Ancient China are presented. Their study makes it possible to reach the genesis and trace and better explain the development of marriage and family relations.

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Podstawowe regulacje dotyczące prawa oświatowego okresu II Rzeczypospolitej

Podstawowe regulacje dotyczące prawa oświatowego okresu II Rzeczypospolitej

Author(s): Jerzy Nikołajew / Language(s): Polish Issue: 65/2024

Okres II Rzeczypospolitej to czas tworzenia się nowego systemu oświaty po okresie zaborów. Polityka oświatowa była koordynowana przez Ministerstwo Wyznań Religijnych i Oświecenia Publicznego a realizowana przez władze państwowe i organy samorządu terytorialnego. Po 1920 r. wprowadzono okręgi szkolne a w 1932 r. przeprowadzona została gruntowna reforma oświatowa. Utworzenie samorządu oświatowego oraz zadania związane z budową i finansowaniem szkół, także kwestie dotyczące szkolnictwa wyższego, gimnazjalnego, seminariów nauczycielskich oraz wychowania przedszkolnego i pozaszkolnego to podstawowe kwestie regulacji ustawowych dotyczących oświaty w Polsce w latach 1918-1939. Mimo trudności udało się zmodyfikować system szkolny, wprowadzić reformę oświatową oraz silny samorząd nauczycielski. Celem artykułu jest wskazanie trudności w zakresie stworzenia jednolitego systemu prawa oświatowego w Polsce w okresie po odzyskaniu niepodległości.

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ASSESSMENT OF THE PHENOMENON OF FRAUD OF EUROPEAN FUNDS: A CRIMINOLOGICAL AND STATISTICAL APPROACH

ASSESSMENT OF THE PHENOMENON OF FRAUD OF EUROPEAN FUNDS: A CRIMINOLOGICAL AND STATISTICAL APPROACH

Author(s): Adelina-Maria Ciobanu / Language(s): Romanian Issue: 38/2024

Fraud involving European funds poses a major threat to the European Union budget, affecting both resource efficiency and trust in the institutions that administer these funds. This research analyzes the phenomenon of European funds fraud using both quantitative and qualitative data to assess the dimensions and typologies of fraud. The study is based on statistical analysis using IBM's SPSS Statistics software. The results highlight a significant link between the level of corruption and the efficiency of the absorption of EU funds, emphasizing the need for more rigorous prevention and control measures.

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STATISTICAL ASSESSMENT OF FRAUD AND IRREGULARITY INCIDENTS OF THE AFIR FRAMEWORK DURING THE PERIOD 2014-2020

STATISTICAL ASSESSMENT OF FRAUD AND IRREGULARITY INCIDENTS OF THE AFIR FRAMEWORK DURING THE PERIOD 2014-2020

Author(s): Adelina-Maria Ciobanu / Language(s): Romanian Issue: 38/2024

This study analyzes the incidents of fraud and irregularities identified in projects funded by the Agency for Rural Investment Financing (AFIR) in the period 2014-2020. The research highlights diverse and complex typologies of fraud and irregularities, providing a statistical assessment of their distribution by forms of organization, implementation counties, financing measures, and the value of the associated damages. The conclusions emphasize the need for rigorous and continuous verification measures to prevent such practices in the future.

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