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Lupta catolicilor din Moldova pentru drepturi civile şi politice (1859-1918)

Lupta catolicilor din Moldova pentru drepturi civile şi politice (1859-1918)

Author(s): Anton Coşa / Language(s): Romanian Issue: LI/2022

The present research presents the fight for civil and political rights of the Catholics in Moldavia, it analyses the phenomenon of their emancipation (as part of the modern Romanian society) on different levels social, economical, political, educational, cultural. Therefore, the emancipation of the Catholics from Moldavia benefited, on a social-economical level, from the effects of the Agrarian Reform of 1864. They fought as peasants so that their Romanian citizenship and their rights and duties may be recognized, all of them were active participants in creating the Romanian Nation. Even though they always understood that emancipation meant rights (civil and political) and that rights come along with duties, acting in consequence, the members of this community were deprived of a series of political rights, such as those present in the electoral legislation, in which the essential conditions for the participation of the future citizen in the political life were wealth, the degree of education and culture. Therefore, since school in the 19th Century had to be an instrument of dissemination of language and culture, and cultural emancipation meant an essential premise of social and political emancipation, the author underlines the importance of these themes for the Catholics in Moldavia.

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Politické procesy s vedením Bratrské jednoty baptistů

Politické procesy s vedením Bratrské jednoty baptistů

Author(s): Michal Balcar / Language(s): Czech Issue: 44/2024

The subject matter of the following study is a political trial with the leadership of the Baptist Brethren in Czechoslovakia in 1953 with emphasis on the approach of investigators of state secret police (StB). This study proves that the trial began with a coincidence which was misused by StB in order to fulfill political agenda. The study also describes the reaction of the denomination to the arrests of its highest leadership. Surprising chapter in the history of the trial is written by one of the pastors – Jan Mikulenčák – who refused to bow to the pressure of StB. By analyzing the case files the article describes the process of how StB constructed the trial based on searching for the ‚enemy‘ typical for the early 1950s. In this trial, stereotypical roles of ‚priest‘, ‚U.S.A. collaborator‘, and ‚Nazi collaborator‘ were filled.

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Obuhvat i vrijednosti obaveznog primjerka u Bosni i Hercegovini (1945–1995)

Obuhvat i vrijednosti obaveznog primjerka u Bosni i Hercegovini (1945–1995)

Author(s): Lejla Hajdarpašić / Language(s): Bosnian,English Issue: 29/2024

Goal: Legal deposit is a complex system of multiple benefits, and by mapping adapted legal deposit regulations from 1945 to 1995 in Yugoslavia and Bosnia and Herzegovina, the aim of this research is to look at the development of the legal deposit in the context of redefining its coverage and the legislatively defined goals of the legal deposit. Approach/methodology/design: By researching the previous literature and reviewing official publications, that is examining the titles and full texts of published regulations in the printed editions of official publications, the relevant regulations related to the legal deposit in Yugoslavia, Bosnia and Herzegovina, federal and republican decrees, decisions, orders, laws for legal deposit were mapped. Results: The analysis of the mapped sixteen regulations, indicates the expansion of legal deposit coverage on a continuous basis, and reveals changes in the perception of the legal deposit values. Legal deposit was initially reduced in the regulations to its function of building library collections, which, however, must be viewed critically in the context of censorship background, while newer regulations respect its values in terms of building of national bibliographies, preservation and protection of cultural heritage, and more important, use of materials that have the designation of public good. Originality/value: This research thematizes the development of the legal deposit system in Bosnia and Herzegovina, from 1945 to 1995, by gathering selected regulations related to legal deposit, adopted in this time period, for the first time in one place, as a basis for further research of this institution in Bosnia and Herzegovina.

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Vrhovne pokrajinske kadije u Bosni (prva polovina 17. stoljeća)

Vrhovne pokrajinske kadije u Bosni (prva polovina 17. stoljeća)

Author(s): Muamer Hodžić / Language(s): Bosnian Issue: 53/2024

The supreme provincial qadi (mullah) was the highest judicial representative of the Sublime Porte in an eyalet. Qadis in the rank of mullahs were appointed to duties in large cities or centres of eyalets. His powers did not only refer to judicial and administrative matters, but also to military and economic issues, which is why, next to beylerbey, he represented the most important and influential high-ranking Ottoman official in the administrative apparatus of an eyalet. Recognizing the importance of this segment of the Ottoman government, we tried to establish the names of the supreme Bosnian qadis (mullahs) and other relevant information about them, such as their expertise, experience, skills and details from judicial practice. Equally important was specifying the duration of the mandate of the mullahs as an indicator of the dynamics of the work of the central Ottoman administration. For this purpose, the contents of various individual and collective documents were analysed, and the collected data were interpreted in the appropriate context. The results of this work should contribute to a better understanding of the functioning of the judiciary in the Bosnian Eyalet in the first half of the 17th century, especially if you bear in mind that all the court protocols (sijjils) from the mentioned period perished in 1697 after the military campaign of Eugene of Savoy, who on that occasion looted and burned Sarajevo.

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Abdulah Polimac i Azra Gadžo Kasumović, Sidžil sarajevskog šerijatskog suda iz 1217/1802-1803. godine

Abdulah Polimac i Azra Gadžo Kasumović, Sidžil sarajevskog šerijatskog suda iz 1217/1802-1803. godine

Author(s): Amir Džinić / Language(s): Bosnian Issue: 53/2024

Review of: Abdulah Polimac i Azra Gadžo Kasumović, Sidžil sarajevskog šerijatskog suda iz 1217/1802-1803. godine., Sarajevo: Gazi Husrev-begova biblioteka u Sarajevu, Edicija: Sidžil, Knjiga I – Sidžil br. 42, 2023, 478. str

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Religion, Coloniality and Women’s Rights

Religion, Coloniality and Women’s Rights

Author(s): Sonia Dayan-Herzbrun / Language(s): English Issue: 3/2024

In response to Rola El-Husseini’s article, “Double Standards and Dissonance: Women’s Rights and Freedom of Religion in the Global North,” this paper addresses the French approach to secularism and women’s rights within a context of coloniality. Analyzing France’s secular framework, I explore the secular control over Muslim women’s attire and identity, tracing these regulations back to colonial practices. By examining how religious expression, particularly in relation to Islam, is selectively restricted, this commentary highlights the paradox of French “laïcité” as both a liberating and oppressive force, revealing ongoing colonial legacies in contemporary women’s rights discourse.

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Kadije Bihorskog kadiluka
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Kadije Bihorskog kadiluka

Author(s): Sait Š. Šabotić / Language(s): Montenegrine Issue: 95-96/2024

Qadis were key figures in the legal system of the Ottoman Empire. They were responsible for the application of Sharia law in the local community, making judicial decisions, and resolving disputes among the Muslim population. They enjoyed great prestige and respect in their communities. They were appointed by the sultan or high officials. The training of qadis usually included the study of Islamic law, theology, and the Arabic language. The spectrum of their jurisdiction was quite wide, including conducting court proceedings, resolving civil and family disputes, applying criminal law, and collecting taxes. As part of the administrative system of the Ottoman Empire, qadis had a certain autonomy. It was their duty to judge impartially and fairly, regardless of the origin or social status of the parties to the dispute. Qadis left a strong influence on the society and culture of the countries that were part of the Ottoman Empire, and their legal system and legacy continued to shape the judicial systems of many modern states in the Middle East, the Balkans, and other areas. This paper, based on first-class historical sources and literature, provides an overview of the activities of individual kadis in the Bihor kadiluk, the spectrum of their jurisdictions, and the results of their concrete activities. The aim of the paper is to present, in the most objective light possible and with the help of valid historical sources and the facts contained therein, the ramifications of the Ottoman legal system and the care that was given to even the lowest administrative units of the Empire.

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Od darowizny i sprzedaży po zastaw i sprzedaż z prawem odkupu. Tytuły prawne dzierżenia wójtostw w królewskich miastach w Małopolsce (połowa XIV–połowa XVI w.)

Od darowizny i sprzedaży po zastaw i sprzedaż z prawem odkupu. Tytuły prawne dzierżenia wójtostw w królewskich miastach w Małopolsce (połowa XIV–połowa XVI w.)

Author(s): Maciej Mikuła / Language(s): Polish Issue: 2/2024

The purpose of this article is to trace the evolution of the legal titles under which aldermanships were possessed in royal towns in the period from the mid-14th to the mid-16th centuries. As the analysis of royal documents shows, interest in increasing control over the turnover of aldermanships can be noted as early as the reign of the first two Jagiellonian kings. This is confirmed by the increased frequency of the clause of obligatory royal consent in alienation. However, control of turnover was only the first step in a deeper evolution to move away from divided ownership to pledge and sale with a right of repurchase. These latter legal titles provided the monarch with greater freedom in the trading of aldermanships, thereby enabling him to use aldermanic property to reward merit and for broader personal political purposes.

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Porady prawne udzielane na łamach Nowego Kuriera Warszawskiego w latach 1940–1944

Porady prawne udzielane na łamach Nowego Kuriera Warszawskiego w latach 1940–1944

Author(s): Hubert Mielnik / Language(s): Polish Issue: 2/2024

The article presents a study dedicated to the analysis of legal advice given in Nowy Kurier Warszawski, a Polish-language German newspaper published in the General Government during World War II. The publication is primarily based on an analysis of press sources, employing a quantitative research methodology. It aims to answer the following research questions: How much advice was given each year? What was the average distribution per issue? Which legal fields were covered by the legal advice, and in which fields was the most advice given? What was the distribution between legal advice regarding pre-war law and German legislation? What were the main types of cases (problems) within each category of the provided legal advice? To what extent, if at all, was legal advice instrumental in imposing the German perspective (interpretation of the law)? Through the analysis of the legal advice provided to readers, the author intends to present a partial picture of everyday life in the General Government. The thesis of the article posits that the legal advice published in Nowy Kurier Warszawski primarily had an informational character for the residents of the General Government, often concerning issues that extended far beyond the legal sphere. They were not a tool of propaganda for the German authorities’ legal system.

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The Role of Italy and UNIDROIT in the Drafting of the First Protocol to the 1954 Hague Convention

The Role of Italy and UNIDROIT in the Drafting of the First Protocol to the 1954 Hague Convention

Author(s): Giuditta Giardini / Language(s): English Issue: 2/2024

This article explores the development of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First Protocol, key tools for safeguarding cultural objects during wartime. It begins with a historical overview of early 20th-century legal frameworks, focusing on regulations for the transfer and restitution of cultural objects during conflicts. The study delves into the preparatory work for the Convention, highlighting the significant contributions of the Italian delegation and the involvement of UNIDROIT, particularly concerning the study of private international law issues related to good faith acquisitions of cultural objects. The article reveals the extensive yet underappreciated efforts of the Italian delegation, led by the President and Secretary General of UNIDROIT, in shaping the Convention and influencing the protection of cultural objects in the past century. The discussion extends to the aftermath of the 1954 Hague Convention, examining how unresolved issues were later addressed by the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.

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Uprzywilejowywanie i wykluczanie. Pozycja dziecka w rodzinie w Prusach w XIX w. w świetle Powszechnego prawa krajowego dla państw pruskich

Uprzywilejowywanie i wykluczanie. Pozycja dziecka w rodzinie w Prusach w XIX w. w świetle Powszechnego prawa krajowego dla państw pruskich

Author(s): Paweł Śpica / Language(s): Polish Issue: 15/2024

The article presents the position of the child in the family in the light of the General National Law for the Prussian States from 1794, seen from a historical‑pedagogical perspective. It discusses the rights and duties of children, the extent of parental authority, and the situation of children born in morganatic marriages, children of divorced persons, illegitimate children, adopted children, and so‑called wards, i.e., orphaned or abandoned children without parental care.The analyses conducted reveal a feudal mentality’s influence on the perception of the child through the lens of their position in social stratification and their birth circumstances. Prussian law clearly favored children born within legitimate marriages at the expense of offspring from other types of relationships. It also upheld a patriarchal family model with the father’s redominant influence on the direction of a child’s education and future.

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Status prawny dzieci pozamałżeńskich w II Rzeczypospolitej

Status prawny dzieci pozamałżeńskich w II Rzeczypospolitej

Author(s): Anna Fermus-Bobowiec / Language(s): Polish Issue: 15/2024

In the Second Polish Republic, the legal status of illegitimate children was still regulated by the legislation of the invading states. Mostly, these were the regulations of the great civil codifications of the nineteenth century: The Napoleonic Code, The ABGB, The BGB, and also of the Civil Code of the Kingdom of Poland or of volume ten of The Digest of Laws of the Russian Empire. The author describes the legal status regarding the subject matter, including not only similarities but also differences among the legislations. The common feature of the regulations discussed was far‑reaching discrimination against illegitimate children in family law and inheritance law. Therefore, the Codification Commission of the Second Polish Republic faced not only the unification of the civil law, including family and inheritance law, in order to suspend the binding legislations of the invaders, but also to equalize the legal status of illegitimate children and legitimate children. Unfortunately, it was not possible to finalize the codification work on family law and inheritance law in the Second Polish Republic. However, these efforts were taken into consideration due to their later usage in the process of unification and codification of the civil law after the Second World War.

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Spadkobranie nieślubnych dzieci w Polsce Ludowej – od dyskryminacji do równouprawnienia

Spadkobranie nieślubnych dzieci w Polsce Ludowej – od dyskryminacji do równouprawnienia

Author(s): Mariola Szewczak-Daniel / Language(s): Polish Issue: 15/2024

In the early years of People’s Poland, the field of inheritance was governed by the legislation of the partitioning states, as the legislative efforts on civil law, including inheritance law, undertaken in the Second Polish Republic, did not yield the expected results. The first legal act regulating inheritance issues in People’s Poland was the Decree on Inheritance Law from 1946. According to this decree, illegitimate children could inherit under the same rules as children born within marriage if they were entitled to inheritance as a result of their parents’ marriage, recognized as such or the equivalent of such. The significant change in the legal status of illegitimate children in inheritance matters came with the adoption of the Family Code in 1950, which took effect on October 1, 1950. Consequently, illegitimate children and children born within marriage were granted equal rights in the field of inheritance. From then on, an illegitimate child had the same inheritance rights as children born within marriage from both their mother and father, as well as their relatives. The Civil Code of 1964, currently in force, does not differentiate the legal status of children based on whether they were born within or outside marriage. Illegitimate children inherit under the same rules as children born within marriage.

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Res divini juris as res extra commercium: a Comparative Analysis of Doctrine and Case Law

Res divini juris as res extra commercium: a Comparative Analysis of Doctrine and Case Law

Author(s): Anatoliy A. Lytvynenko / Language(s): English Issue: 3/2024

The Roman law doctrine res extra commercium has excluded certain objects from civil-legal transactions, some of which were related to divine service or otherwise religious purposes. The Roman law doctrine designated them as res divini juris, which referred to all the objects dedicated to the Gods. The theory of res divini juris developed predominantly in civil law jurisdictions based upon the basis of the old Roman law doctrine, and could be found in legal literature, textbooks, legislation and, case law. Since the times of the Ancient Rome, the attitude to the legal status of res divini juris gradually alterated, as well as the scope of its encompassment. Despite being formally excluded from any civil-legal transactions, such objects ceased to be completely excluded from legal relationships and disputes, and are afforded with proper legal protection. Throughout the ages, courts in different states have applied and discussed the doctrine of res divini juris in various legal disputes. Complicated legal disputes concerning res divini juris also arise a question, of whether res divini juris are always res extra commercium, and if not, what are the exceptions from the rule, if any? Finally, could it be estimated, what chattels may belong to res divini juris? Do the valuable archeological findings belong to res divini juris? The article discusses the existing law doctrine of res divini juris and the applicable case law in a form of a comparative analysis in order to establish the legal status of res divini juris.

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Joseph II’s Reforms of the Piarist Order with Particular Regard to the Hungarian Province

Joseph II’s Reforms of the Piarist Order with Particular Regard to the Hungarian Province

Author(s): János Balla / Language(s): English Issue: 3/2024

The aim of the study is to show the consequences for the Hungarian Piarist Order stemming from the ecclesiastical reforms of Joseph II. (r. 1765–1790). Both Maria Theresa (r. 1740–1780) and her son, Joseph II wanted to restructure and re-regulate the relationship between church and state. The wide-ranging reforms introduced during their reigns affected social, economic, cultural, judicial and legal life, as well as education. The Church and its different branches like the religious orders (ordo regularis) were the cohesive elements of this program: as a kind of supranational institution, it was the responsibility of the ecclesiastical administration to introduce, operate and control it. Without the state-church structure, the system as a whole would have remained dysfunctional. In fact, in relation to the objectives of Maria Theresa and Joseph II, we should not speak primarily of church reform, but of the modernization or centralization program of the multi-ethnic Habsburg monarchy. The Piarists are considered the most committed supporters of the 18th-century reform spirit, who, as a teaching order, also incorporated the new scientific achievements of the time into the education of the youth. The activities of the Piarists received great support from Maria Theresa and Joseph II, who entrusted them with the creation of many new educational institutions. Paradoxically, this relationship of trust almost led to the dissolution of the Order in the Josephine decade, when the Emperor sought to exploit the Piarists by dissolving the Order and employing its members in the state. This was ultimately hampered by scarce financial resources, but the existential fear of dissolution and the loosening of the order’s ties led many religious (lat. religiousus) to leave the community and continue their careers as diocesan priests or lay teachers.

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„Až sem přijde Adenauer, tak vy budete viset jako první!“, aneb ke specifikům trestného činu výtržnictví v socialistickém Československu

„Až sem přijde Adenauer, tak vy budete viset jako první!“, aneb ke specifikům trestného činu výtržnictví v socialistickém Československu

Author(s): Milan Dobeš / Language(s): Czech Issue: 3/2024

In this article, attention is paid to the examination of the criminal law provisions that regulated the punishment of riotous acts in socialist Czechoslovakia, with an emphasis on the application of the criminal offence of rioting by the District Court for Prague 1. In addition to the common cases of rioting, cases with political overtones and the possibility of abusing the crime of rioting against people who were inconvenient to the regime (dissidents) are also included. The first chapters generally address the legal regulation of riotous offences since the fifties. The fifties are also supplemented with contemporary cases. The article’s core consists of subsequent chapters focusing on the regulation of rioting according to § 202, codified in the Criminal Code of 1961. For a better understanding of the legal regulation at that time, there are cases from the then-practice, which were handled by the District Court for Prague 1. The following part pays attention to riotous acts that accompanied the opposition to the regime at that time, and the last subchapter points out the misuse of the crime of rioting and the distortion of its factual essence by the then-state against its opponents.

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Unterlagen der staatssicherheitsdienstlichen Überwachungen in Ungarn – Zugang, Aufarbeitung, Hindernisse

Unterlagen der staatssicherheitsdienstlichen Überwachungen in Ungarn – Zugang, Aufarbeitung, Hindernisse

Author(s): Olivér Ráth,Ádám Varga / Language(s): German Issue: 3/2024

More than thirty years have passed since the change of regime and the question of what can be done by those who were under state surveillance in the previous regime is still relevant. How can a victim find out who tore his family apart, who ruined his career? Will the identity of the collaborators ever come to light? Can these people still participate in public life and hold public office today? In our study, we take stock of the specificities of the subject in Hungary and the obstacles to facing history. We conclude that the exclusion from holding a public office is overdue, the documents are incomplete, their authenticity is questionable, and the issue is sensitive because of competing fundamental rights. The generation that has become of age since the change of regime is less and less interested in our immediate past. This trend is dangerous, because the unresolved past contributes to the blurring of the dividing line between the two regimes to the point where, faced with the new difficulties, society is left longing for the old. Will there be a real change? The legal possibility (at least in the field of information compensation) is still there, and this is what we show in our study.

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Polygraph Examination in Lithuania: History, Legal Framework, and Practice

Polygraph Examination in Lithuania: History, Legal Framework, and Practice

Author(s): Laimutis Kraujalis / Language(s): English Issue: 2 (60)/2024

Polygraph has had more than 30 years of extensive history in Lithuania. This paper offers an overview rather than in-depth research into how polygraph developed in Lithuania in last three decades. There are similar articles about legal and practical aspects of using polygraph in Lithuania published in Lithuanian, with one of them having been published in European Polygraph in 2007 (Kraujalis et al 2007) nevertheless, the author evaluates current situation of the polygraph in Lithuania.

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SARAJEVSKI DNEVNIK O SUĐENJU RUKOVODSTVU VAKUFSKE DIREKCIJE 1946. GODINE

SARAJEVSKI DNEVNIK O SUĐENJU RUKOVODSTVU VAKUFSKE DIREKCIJE 1946. GODINE

Author(s): Hikmet Karčić,Mustafa Dedović / Language(s): Bosnian Issue: 99/2024

The article titled Sarajevski dnevnik on The Court Proceedings against Waqf Directorate in 1946 analyses the court proceeding against Dr. Hazim Muftić, director of Waqf directorate and his co-workers, who were charged with misuse of office and taking advantage of Muslim lessees of waqf property. The authors here present reports published in Sarajevski dnevnik with the aim to analyse the context and motivation of the Communist government in Yugoslavia after the Second World War in their tendency to marginalise religion and religious communities. The article stresses the use of communist propaganda and the orientalists’ terminology in constructing their case against Muftić and his co-workers presenting them as exploiters of the poor and collaborators with the fascist occupiers. The authors find the communist plan to crush religious institutions in the country as a possible real reason for these charges.

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Polskie epizody w tzw. sprawie Hansa Davida z Miłakowa. Przyczynek do sposobu fałszowania dokumentów w trzeciej i czwartej dekadzie XV wieku

Polskie epizody w tzw. sprawie Hansa Davida z Miłakowa. Przyczynek do sposobu fałszowania dokumentów w trzeciej i czwartej dekadzie XV wieku

Author(s): Sławomir Jóźwiak,Adam Szweda / Language(s): Polish Issue: 20/2024

The subject of this article is selected aspects of a dispute between Hans David of Miłakowo and the Teutonic Order in Prussia. He made financial claims based on the Order’s alleged debts to his parents, David and Cecylia of Miłakowo. The conflict escalated into a long-running legal battle before various instances. It also had its Polish threads, as Hans David was in contact with the authorities and inhabitants of Poznań, was a citizen of Nowa Nieszawa (near Toruń), and also frequented the Polish royal court. The Prussian burgher did not shy away from falsifying sources in his activities. The material analysed here provides a range of information in this regard. Text was removed from parchments and a new one written in, seals were overstamped, and there is even information that Hans David made the seal typescript himself. The forged acts did not only relate to the substance of the Prussian burgher’s dispute with the Teutonic Knights, for after affixing Queen Sophia’s seal obtained from a document issued by her, Hans David allegedly forged a ‘certificate’ that he was a courtier to the Polish monarch. This and other aspects of the Hans David case deserve a comprehensive study, which requires the collection and, above all, the systematisation of the extensive and very scattered material relating to this issue.

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