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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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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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Armáda, společnost a nepokoje roku 1897

Armáda, společnost a nepokoje roku 1897

Author(s): David Smrček / Language(s): Czech Issue: 2/2024

By the end of the 19th century, the central government in Cisleithania was experiencing significant challenges in maintaining control over mass movements and riots. This was primarily due to the in sufficient number of police and gendarmerie forces and the politicization of local governments. The army was repeatedly called up, yet encountered similar challenges as the civil authorities. Moreover, it still operated in the spirit of absolutism, which rendered it incapable of responding effectively to the demands of modern times. The military thus often faced criticism. This became fully apparent during the 1897 riots.

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ANALYZING DOCUMENTS ON FREEDOM OF RELIGION, HUMAN RIGHTS AND DEVELOPMENT USING THE UN ODS DATABASE (1985-2019)

ANALYZING DOCUMENTS ON FREEDOM OF RELIGION, HUMAN RIGHTS AND DEVELOPMENT USING THE UN ODS DATABASE (1985-2019)

Author(s): Anca Parmena Olimid,Daniel Alin Olimid / Language(s): English Issue: 2/2023

Objectives: The present article focuses on the document analysis of freedom of religion, human rights and development using the Official Document System (ODS) provided by the United Nations (UN) (data retrieved July-August 2 023) for the period 2 July 1985-5 March2019. Methodology: The research methodology approaches the document analysis of the UN’s main legal framework pointing to the interrelated dynamics between human rights and freedom of religion by carrying out multi-level research of five documents released by the UN in the period July 1985-March 2019, namely: (i) United Nations, General Assembly, Note by the Secretary-General, Elimination of All Forms of Religious Intolerance, A/40/361 (2 July 1985); (ii) United Nations, General Assembly resolution 14/11, Freedom of religion or belief: mandate of the Special Rapporteur on freedom of religion or belief, A/HRC/RES/14/11 (23 June 2010); (iii) United Nations, General Assembly, Resolution 70/158, A/RES/70/158 (3 March 2016); (iv). United Nations, General Assembly, Resolution 71/196, A/RES/71/196 (24 January 2017); (v). United Nations, General Assembly, Report of the Special Rapporteur on freedom of religion or belief, A/HRC/40/58 (5 March 2019). Results and discussion: The research engages a social and historical analysis with a global focus on the subjects of religious freedom, human rights and development addressing (i) the relationship between state-society-religion and (ii) the legal and societal conditions and the legal and institutional mechanisms and policies by using the UN jurisprudence released in the last three decades. Conclusions: In conclusion, the research documents religious liberty particularly tracing the guiding principles and the in-depth analysis of other central elements: “freedom of religion”, “belief”, “tolerance”, “societies”, “communities”, “equal opportunity”, “participation”, “development” and “liberty”.

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SOURCES OF LAW IN MEDIEVAL ALBANIA
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SOURCES OF LAW IN MEDIEVAL ALBANIA

Author(s): Pëllumb Xhufi / Language(s): English Issue: 01/2023

Generally speaking, there are two juridical systems in Europe: the continental one, based on the positive law and the Anglo-Saxon juridical system based on the common law1. In the history of the European peoples the latter reflects a primitive stage in the society. But, starting with the Codex of the Illyrian Emperor Justinianus (6th C), elements of the common law have been integrated into the various legal codes published anywhere.2. 1 Joseph Dainow, “The Civil Law and the Common Law: some points of comparison”, in: The American Journal of Comparative Law, 15, no. 3 (1966-1967), p. 419 and then; Lisa Bénou, “Droit positif-droit coutumier: une relation conflictuelle ou un dialogue continu”, në: L "Homme et son environnement dans le Sud-Est Européen, Actes du Xe Congrès de l’Association Internationale du Sud-Est Européenne, Paris 24- 26 Septembre 2009, éd. Association Pierre, Paris, 2011, p. 252, 253. 2 G. Ostrogorsky, Storia dellTmpero Bizantino, Torino: Einaudi, 1968, f. 65-66. 3 “omnes bonos usus et consuetudines eorum”. Acta et Diplomata res Albaniae mediae aetatis illustrantia, bot. L. Thalloczy, C. Jirecek, M. Sufflay, vol. I, Adolph Holzhausen, Wien, 1913, no. 269, p. 77. 4 J. Huillard-Bréholles, Historia Diplomatica Frederici II, vol. I, Parisiis, 1859, p. CDXIII; vol. IV, f. 182; vol.V, f. 958; J. Ficker, Forschungen zur Reichs-und Rechtsgeschichte Italiens, I. Band, Innsbruck, 1868, p. 364-365; D. Abulafia, Frederick In Albania, the common law is explicitly mentioned in two letters of the year 1272 from the King of Naples, Charles of Anjou, who by that time was also proclaimed “King ofAlbania” (Rex Albaniae). In the said letters addressed to the nobility of the land and to the patricians of Albanian towns, Charles promised that he “would observe all their good practices and customs”3 However, these “good practices and customs” would have to cohabitate with the feudal law ofthe Kingdom ofNaples, as it has been made up from the time of Frederick II Hohenstaufen into the so-called “Constitution ofMelfi”.

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Judikatura prvorepublikového Nejvyššího soudu týkající se popuzování k zášti, násilnostem a jiným nepřátelským činům

Judikatura prvorepublikového Nejvyššího soudu týkající se popuzování k zášti, násilnostem a jiným nepřátelským činům

Author(s): Tereza Kočárníková,Jan Beránek / Language(s): Czech Issue: 4/2024

The aim of the present article is to analyse the First Republic case law of the Supreme Court of the Czechoslovak Republic related to the provisions of Article 14(2)–(4) of Act No. 50/1923 Sb., on the Protection of the Republic, criminalizing manifestations inciting violence or hatred against an individual or a group of citizens. It examines whether these facts have been interpreted in the spirit of bound or free judicial discretion and whether the approach of the highest judicial authority to this issue has changed over time. It examines the case law relating to the concept of incitement and its forms, as well as conclusions relating to the question of the object and the material object of the offence. Particular attention is paid to the notion of the public as a feature of the facts in question, the interpretation of which was crucial in the application practice of the First Republic judicial authorities and was thus further examined and elaborated in the case law. Although primarily legal-historical, the issue under examination is also of relevance today, as it offers theoretical basis and interpretive guidelines that are applicable also in the contemporary judicial application of the provisions of Section 356 of Act No. 40/2009 Sb., the Criminal Code, which punishes incitement to hatred against a group of persons or restriction of their rights and freedoms.

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Credit Networks of Prague Jewish Financiers during the First Two Decades of the Seventeenth Century
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Credit Networks of Prague Jewish Financiers during the First Two Decades of the Seventeenth Century

Author(s): Marie Buňatová / Language(s): English Issue: 1/2024

The topic of Jewish finance and trade in earlier historiography was encumbered by a number of clichés, derived primarily not only from prejudicial attitudes towards the Jewish population, but also often from a lack of understanding of the functioning of the early modern system of long-distance and local trade, and of the principles of financial transactions. Research conducted over recent decades in the Czech Republic and at a number of institutions in other countries has repeatedly shown that the economic activities of the Jews cannot be interpreted merely in the narrow context of Jewish community life. On the contrary, at issue is a factor that contributed in varying degrees to the overall form of the financial and religious relations that existed in the early modern period. Drawing on the examples of five Jewish financiers who were active in Prague at the end of the 16th century and in the first two decades of the 17th, this study aims to set out the wide range of different financial instruments that were employed by Jews and Christians when negotiating loans. Attention is paid to the development of legislation on lending that was in force in the Kingdom of Bohemia during the 16th century. The legislative conditions for Jewish and Christian lenders are contrasted with the lending practices of the day, as recorded in the testimonies of witnesses at the Court of the Supreme Burgraviate of Prague. An analysis of specific examples of credit transactions between Jews and Christians demonstrates the various ways in which loans were negotiated and repaid, and highlights the diverse network of various client relationships among Prague Jews, burghers, aristocratic owners of large estates, and holders of provincial and court offices.

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Die dritte Verordnung über Aufenthaltsbeschränkungen im Generalgouvernement vom 15. Oktober 1941. Entscheidungen der Staatsanwaltschaft und der Sondergerichte zum unbefugten Verlassen eines jüdischen Wohnbezirks

Die dritte Verordnung über Aufenthaltsbeschränkungen im Generalgouvernement vom 15. Oktober 1941. Entscheidungen der Staatsanwaltschaft und der Sondergerichte zum unbefugten Verlassen eines jüdischen Wohnbezirks

Author(s): Konrad Graczyk / Language(s): German Issue: 2/2024

The article is devoted to the practice of applying the third regulation on restrictions on stay in the General Government of October 15, 1941 in the field of unauthorized leaving the ghetto. Initially, the anti-Jewish legislation in the General Government was discussed, including two earlier versions of the titular regulation, and then the content of the regulations of the third regulation. The most important part of the study is the analysis of the judgments of special courts and the German prosecutor's office, the aim of which was to determine the interpretation of these provisions and to determine the circumstances that supported conviction, acquittal and discontinuation. These judgments were compared with the guidelines issued by the authorities superior in the General Government.

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The Guardianship of the Minor Karol Brzostowski and his Emancipation

The Guardianship of the Minor Karol Brzostowski and his Emancipation

Author(s): Mateusz Ułanowicz / Language(s): English Issue: 2/2024

The purpose of this article is to address the issue of the guardianship of the minor Karol Brzostowski and his emancipation. Karol Brzostowski (1796-1854) was a landowner, inventor, constructor and social reformer. He lived in the Krasnybór estate, Kingdom of Poland. In Karol Brzostowski’s olographic will written on November 29, 1853 in Cisów the testator granted land ownership to the peasants of the Krasnybór estate. From the rest of the property he created Factories Fund called the Sztabińska Agricultural and Factory Institution The methodology used in this publication was the analysis of archival sources. Through this research it was possible to identify who and how protected Karol Brzostowski's financial interests were during his time as a minor and when he acquired the limited legal capacity.

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The Individual and Social Dimension of Canon Law on the Example of the Declaration of Marriage Nullity in the Light of Polish Research

The Individual and Social Dimension of Canon Law on the Example of the Declaration of Marriage Nullity in the Light of Polish Research

Author(s): Przemysław Kisiel,Piotr Kroczek,Paweł Ulman / Language(s): English Issue: 95/2024

Canon law is an integral part of the Church’s life, and it has two dimensions: individual and social. The effects of declaring a marriage null highlight this characteristic of the law, as it significantly impacts both the religious life of the individuals involved and the wider community of the faithful. This article presents research results on individuals who have participated in this process, which demonstrate that canon law plays a crucial role in resolving many individual and collective issues within the Church.

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Christian Thomasius (1655–1728) – stoupenec náboženské tolerance i absolutistického státu

Christian Thomasius (1655–1728) – stoupenec náboženské tolerance i absolutistického státu

Author(s): Radim Seltenreich / Language(s): Czech Issue: 94/2024

In his text the author examines Christian Thomasius (1655–1728), an important legal thinker of the early modern period in the Holy Roman Empire. He first of all gives the reader some basic information about his life, which is dominated by his time at the universities in Leipzig and, later, especially in Halle, which were the most important years of his academic career. In terms of its content, that is mostly connected with the theory of natural law and the absolutist state. The author points out, in particular, that unlike other theorists of this period, Thomasius emphasises more the historical conditionality of natural law. With Thomasius, as a defender of the model of the absolutist state, he then mentions the specific tasks of the state power that Thomasius defined, with the dominant role of the legislature, while acknowledging that it has the right to organise and administer the life of the churches, but not to interfere with the freedom of belief of the individual. Finally, Thomasius’ well-known opposition to witch trials is briefly recalled in the article.

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Univerzální základy evropského práva

Univerzální základy evropského práva

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 94/2024

This paper recalls the three pillars of European culture: Judeo-Christian, ancient Greek and especially Roman law. First of all, the text highlights the Judaic basis of Christianity, with the emphasis on the role of divine law. It then sets out the basis principles of Roman law, expressing the need for fairness and for values to anchor the application of the law. In the course of history, there have been two receptions of ancient Roman law. First, this process developed in the Middle Ages, as is also demonstrated here in the quotations from the canon law collection “Liber sextus”. Also, from the early nineteenth century Roman law inspired the creation of civil codes, beginning with the Napoleonic Code. The modern understanding of human rights and freedoms was formed primarily as a result of the development of the right to religious freedom. Today’s state should not overextend its powers and should provide citizens with a wide scope of freedom. This is also helped by the separation of powers that applies in European democracies today.

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Stále živá minulost: Případ Josef Pták v širším kontextu

Stále živá minulost: Případ Josef Pták v širším kontextu

Author(s): Tereza Blažková / Language(s): Czech Issue: 94/2024

The document reports on the conference "Stále živá minulost: Případ Josef Pták v širším kontextu," held on November 27, 2023, at the Senate of the Parliament of the Czech Republic. The conference aimed to highlight unresolved issues of the communist judiciary by examining the case of Josef Pták, who was sentenced to death in 1958 in a manipulated political trial. The event featured contributions from notable figures, including Jiří Oberfalzer, Ladislav Kudrna, and Zdeněk Kühn, discussing broader trends in the judiciary and specific aspects of communist justice. Presentations covered topics such as class justice, changes in advocacy post-1948, and the impact of political trials on families. The conference concluded with a call for justice and the revision of Pták's case, emphasizing the ongoing struggle for truth and reconciliation in the Czech judicial system.

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Kán. 1311 § 2 – vstupní brána do nové VI. knihy CIC

Kán. 1311 § 2 – vstupní brána do nové VI. knihy CIC

Author(s): Marián Bartoloměj Čačík / Language(s): Czech Issue: 93/2023

The text is derived from a paper presented at the Church and the State conference held on 7th September 2023 in the Faculty of Law, Masaryk University, Brno. It deals with the broadening of the first canon of the revised Book VI of CIC through the addition of § 2, in which the author finds and analyses the basic principles of canon penal law. On the one hand, the article highlights the general principles on which penal law in the Church is to stand and which we can recognise in it, but at the same time it also mentions some of the ambiguities that this canon and the whole of Book VI of CIC have introduced.

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Júlia Derzsi - Delict şi pedeapsã: Justiþie penalã în oraSele sãseSti din Transilvania în secolul al XVI-lea (Crime and punishment: The functioning of criminal jurisdiction in the Transylvanian Saxon towns in the 16th century)

Júlia Derzsi - Delict şi pedeapsã: Justiþie penalã în oraSele sãseSti din Transilvania în secolul al XVI-lea (Crime and punishment: The functioning of criminal jurisdiction in the Transylvanian Saxon towns in the 16th century)

Author(s): Ferenc DÁniel Páll-Szabó / Language(s): English Issue: 3/2023

Review of: Júlia Derzsi - Delict şi pedeapsã: Justiþie penalã în oraSele sãseSti din Transilvania în secolul al XVI-lea (Crime and punishment: The functioning of criminal jurisdiction in the Transylvanian Saxon towns in the 16th century). Kolozsvár: Egyetemi Mðhely Kiadó; Bolyai Társaság, 2022.

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