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Zákon o manželskom práve a parlamentné rozpravy v Uhorsku v roku 1894

Zákon o manželskom práve a parlamentné rozpravy v Uhorsku v roku 1894

Author(s): Erika Maliniaková / Language(s): Slovak Issue: 1/2015

We situated our research in the second half of the 19th century. In stated time we observe the change in character of religious experience and sentiment. Since it is not possible to encompass all factors, which secularised Hungarian society within one article, and we focused on one significant step, which changed the legislation and nature of marital relationships. 1894 was marked by turbulent voting in the Hungarian parliament about issues of civil marriage. The law on the civil marriage proposal was drawn up earlier, as part of the proposed church-political proposal, but it was passed only after a vigorous fight under the rule of Alexander Wekerle. The law on the civil marriage proposal changed the character of marriage. The law didn't view marriage as something holy, blessed by Jesus Christ, but as a marital-legal contract. The ministering rights for marrying were passed from the church to the state. The law allowed for divorce. 1894 was also the year of initiating many congresses, at which the politically active part of Hungarian citizens were either for or against upcoming changes. At the same time it was a year of several paradoxes. A set of church-political laws (law on civil marriages, law on faith of children and law on civil registries) came into effect on the 1st of October 1895. A legal article on the reception and emancipation of Jews (XLII/1895) came into effect on the 2nd of November 1895 and a legal article on free faith (XLIII/1895) came into effect on the 22nd of November after being approved by the ruler.

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Kościół katolicki w Rosji i w ZSRR w XIX i XX wieku. Doktrynalne uwarunkowania jego działalności

Kościół katolicki w Rosji i w ZSRR w XIX i XX wieku. Doktrynalne uwarunkowania jego działalności

Author(s): Krzysztof Grygajtis / Language(s): Polish Issue: 3/2006

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Urzędnicy przed sądem – ekstradycja nazistowskich zbrodniarzy z Niemiec i ich procesy w Polsce

Urzędnicy przed sądem – ekstradycja nazistowskich zbrodniarzy z Niemiec i ich procesy w Polsce

Author(s): Markus Roth / Language(s): Polish Issue: 19/2023

Even during the war and the German occupation, laws to regulate the preservation of evidence were established in Central and Eastern European countries so that Nazi crimes committed there could be prosecuted in the long term. As part of the preparatory activities, evidence was systematically collected. After the war, a total of over 1,800 Nazi criminals were extradited to Poland to be brought to justice. Among them were many members of the German civilian administrative apparatus, including town and county governors, who bore considerable responsibility for German occupation policy at the lowest level of the administration. The article describes, based on representative examples, the process of administering punishment for their crimes and offenses. The beginning of this process was the systematic collection and securing of evidence. The next stage, i.e. the tracking down of the perpetrators in post-war Germany, their internment, and then the attempts to bring them to Poland. The reasons for the dismissal of extradition requests are discussed, as well as the reactions and concerns of the Nazi criminals. A larger number of typical examples made it possible to examine the judicial proceedings in Poland and answer further questions: under what general legal conditions did they take place? What were the difficulties in carrying out the trials? How did public opinion respond? The article concludes with a closer look at the fate of the tried Nazis after their release from prison.

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Michael Fleming: In the Shadow of the Holocaust. Poland, the United Nations War Crimes Commission, and the Search for Justice

Michael Fleming: In the Shadow of the Holocaust. Poland, the United Nations War Crimes Commission, and the Search for Justice

Author(s): Klaus-Peter Friedrich / Language(s): German Issue: 3/2024

Review of: Michael Fleming: In the Shadow of the Holocaust. Poland, the United Nations War Crimes Commission, and the Search for Justice. Cambridge University Press. Cambridge u. a. 2022. VIII, 310 S. ISBN 978-1-009-09898-4. (£ 22,99.)

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НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

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РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.

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Deset let hledání. Správní reforma z roku 1927 a její prosazení na okresní úrovni na Slovensku

Deset let hledání. Správní reforma z roku 1927 a její prosazení na okresní úrovni na Slovensku

Author(s): Martin Klečacký / Language(s): Czech Issue: 1/2024

The study deals with the implementation of the key administrativereform (the so-called Organizational Act No. 125/1927 Coll.) in Slovakiaas a prerequisite for the unification of the political administration inCzechoslovakia. With the adoption of the Act, district offices became thebasic unit of state administration throughout the territory of the state. Thefirst part of the paper describes the circumstances of the adoption of thelaw as part of the political negotiations leading to the formation of thenew government and the effects of this compromise on the form of thelaw and the territorial division of political administration. In the next part,the workings of the district authorities in Slovakia are examined basedon inspection reports in comparison with the Czech lands, especiallyin relation to the personnel issue. In the last part, the study focuses onthe corps of district chiefs who headed the district offices and thusrepresented the most important representatives of state power at thelocal level. It examines their age, origin, education, and experience andcompares them with the situation in the Czech Lands. The study linksthe slow implementation of the administrative reform and the problematicoperation of the district authorities mainly to the absence of supervisionby the superior authorities and the lack of suitable senior officials. It notesthat the selection of district chiefs was subject, in addition to professionalcriteria, to political discretion, which, however, led to the lack of adequateskills and experience on the part of some district chiefs.

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Юридическото образование в България и възможните форми на практическо обучение
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Юридическото образование в България и възможните форми на практическо обучение

Author(s): Anna Cholakova / Language(s): Bulgarian Issue: 4s/2024

After a short introduction about the legal education in Bulgaria the author presents and analyses through her personal experience two forms of practical legal education applied for more than a decade in the Legal Faculty of Burgas Free University: the circle on civil and trade law and the Annual National Students’ Competition for solving of civil law cases.

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За някои проблеми на използване на терминологията и нейното тълкуване в римскоправни текстовe
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За някои проблеми на използване на терминологията и нейното тълкуване в римскоправни текстовe

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 4/2024

The article is devoted to the study and teaching of Latin legal terminology at the Faculty of Law of Sofia University. It is presented in an appropriate didactic form in its authentic form in the writings of the Roman jurists and in their interpretation, but also in view of its historical development and use in modern legal terminology.

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Geschichte und Leben eines Textes: Über die Erklärung Zur Problematik der Aussiedlung der Sudetendeutschen aus 1995

Geschichte und Leben eines Textes: Über die Erklärung Zur Problematik der Aussiedlung der Sudetendeutschen aus 1995

Author(s): Ladislav Beneš / Language(s): German Issue: 2/2024

The article recalls the publication and historical context of the Declaration on the Question of the Expulsion of the Sudeten Germans, which was adopted as an official statement by the Evangelical Church of Czech Brethren (ECCB) in 1995. The document dealt with the past and present of relations between Czechs and Germans, in particular with the expulsion of the Sudeten Germans from the Czechoslovak border regions after the Second World War. The ECCB’s declaration was intended to express the fact that the two nations caused each other considerable harm during this period. However, a common future is only possible through mutual reconciliation, forgiveness and a joint endeavour to overcome historical injustice. The creation of the declaration was a reaction to the context at the time, when the aim was to find a new way of co-operation between Czechs and Germans after the revolution of 1989. After forty years of communist rule in Czechoslovakia, mutual antipathy was once again widespread among the public. The Sudeten German Landsmannschaft was a key group in this respect. The authors of the Declaration on the Question of the Expulsion of the Sudeten Germans faced criticism, mainly because of historical inaccuracies or an alleged unnecessary humiliation of the Czechs towards the Germans. Nevertheless, the document was largely favourably received by the public and politicians and was gratefully received by the Evangelical Church in Germany (EKD). Subsequently, the declaration was taken as inspiration for further work on the topic and, in cooperation with the EKD, a Protestant anthology on the subject was produced.

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REVERSE DOMINANCE HIERARCHY IN CIVILIZED SOCIETIES. WHY IS IT DIFFICULT TO EXPLAIN THE LEX-REX MODEL?

REVERSE DOMINANCE HIERARCHY IN CIVILIZED SOCIETIES. WHY IS IT DIFFICULT TO EXPLAIN THE LEX-REX MODEL?

Author(s): Joseph Livni / Language(s): English Issue: 1/2022

The history of civilization consists of empires, kingdoms, oligarchic republics, and city-states; it constitutes a mosaic of human settings and a long succession of rulers who have ruled over their citizenship for the sake of peace and justice. A common characteristic of these cultures is that they were ranked os societies. Rulers, landlords, administrators, officers, philosophers, merchants, or laborers have been individuals who have known their location on a scale of grades; they have respected those above them and demanded respect from those below them. However, there have been civilized societies which have had no ranks, and no ruling class; they have had rules, practices of detecting transgressors, process of proving guilt and institutions of punishment. Several scholars have studied these societies and designated them with various terms. This work uses the term covenantal societies for this societal type and the Lex-Rex model for their style of government. The article focuses on the reasons why it is difficult to explain their stability, their resilience, their functionality and even their very existence.

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PRILOZI ZA ISTORIJU KONZUMACIJE ALKOHOLA U KNEŽEVINI SRBIJI: DRUŠTVENI ASPEKTI KAŽNJIVIH DELA U VEZI SA „PIJANSTVOM“ (1815–1839)

PRILOZI ZA ISTORIJU KONZUMACIJE ALKOHOLA U KNEŽEVINI SRBIJI: DRUŠTVENI ASPEKTI KAŽNJIVIH DELA U VEZI SA „PIJANSTVOM“ (1815–1839)

Author(s): Miroslav M. Popović / Language(s): Serbian Issue: 2/2024

The understanding of alcoholism as a medical and social problem dates back to the 19th century, both in Europe and in North America. Modern states have begun to sanction this phenomenon through social institutions, with the ultimate goal of creating a “better” society. In Serbia, one cannot talk about recognizing alcoholism as a problem in the full sense, as it has in modern European countries. When it comes to the context of the Principality of Serbia in the first decades of the 19th century, the term “excessive drinking” should be used rather than “alcoholism”. Alcoholism implies a disease of addiction, as a term that was created later, although it had its predecessors. Since we do not have empirical research on the extent to which alcohol consumption has become an addiction in the Principality of Serbia, we should be cautious. Alcohol consumption was more of a widespread way of everyday life, but we cannot say with certainty to what extent we can talk about excess and to what extent about the frequency of consumption. It can be discussed about the condemnation of drunkenness, both by the state authorities and by compatriots. Prince Miloš did not tolerate drunkards, he did not forgive them for drinking alcohol and mischief, he made fun of them cruelly, which resulted in deaths. Also, the state enacted measures against “vagrants”, moving at night without lanterns, staying in bars and taverns after a certain time of day. Night patrols were introduced to monitor idlers, drunkards who gathered in taverns and taverns and were potential miscreants. Thus, inns and taverns became places that represented the sources of criminal activities and immoral behavior. First of all, there were complaints against village priests, teachers and princes who indulged in drunkenness, that is, among the higher and more respectable layers of Serbian society. And ordinary people, men and women, were prone to drunkenness, in the everyday context, which led to domestic violence, which was sanctioned by corporal punishment. Misdemeanors that arose in the context of inns, in the form of fights, confrontations, swearing and similar inappropriate behavior, were punished in the same way. It is a commonplace that, as foreign observers noticed, brandy was cheap and easily available, that it was consumed in large quantities, as medicine, food and pleasure, and complete sobriety was not considered healthy among the people. On the other hand, exaggeration in drunkenness was not approved by the people, as evidenced by the rather rigorous folk customs used to wean drunkards off their addiction. Foreign travel writers emphasized the harmfulness of brandy for the Serbian nation, due to the presence of unhealthy substances in it, which also affected the appearance of Serbian residents. The state and Prince Miloš strove to suppress the increase in the number of inns, so a decrease in their number can be observed in the last years of the first reign of Prince Miloš. It can be said that the Serbian state followed European trends in the suppression of alcoholism through state institutions, although this was probably not part of an organized and planned long-term state policy, but rather a reflection of the understanding of Prince Miloš and the Serbian authorities that there are pressing problems in the Serbian state, whose further encouragement it was not in the state’s interest. Certainly, the culture of consuming alcoholic beverages has remained dominant in Serbia until today, distinguishing the contexts that people introduce themselves. Thus, brandy was used for medicinal purposes, since there was a belief, partly scientifically based, in the beneficial effects of brandy on human health, which are mostly short-lived. As a food, brandy was considered to strengthen before greater physical efforts, as a source of strength and energy. Of course, brandy was a pleasure, associated with the socializing of men and the rituals related to the daily visit to a tavern or inn, as a place of drinking, but also of social life, where public and political discussions were held and public opinion was formed.

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Концепции за разрешаване на българския бежански въпрос в контекста на създаването, промените и допълненията на Закона за заселване на бежанците и обезпечаване на поминъка им (1920–1928 г.)

Концепции за разрешаване на българския бежански въпрос в контекста на създаването, промените и допълненията на Закона за заселване на бежанците и обезпечаване на поминъка им (1920–1928 г.)

Author(s): Boris Boev / Language(s): Bosnian,English Issue: 2/2024

The main goal of the present study is to reveal the leading concepts for solving the Bulgarian refugee issue in the context of the creation, amendments and additions to the Law on the Settlement of Refugees and Ensuring Their Livelihood (1920–1928). The main documentary base of the research is the Shorthand Diaries of the National Assembly.

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Законът за защита на нацията: мотивите за несъгласие в светлината на концепцията за споделеното общество

Законът за защита на нацията: мотивите за несъгласие в светлината на концепцията за споделеното общество

Author(s): Albena Taneva / Language(s): English,Bulgarian Issue: 2/2024

This article examines texts by various individuals and organizations created in October–November 1940 expressing disagreement with the Bill for the Protection of the Nation Act in the background of the concept of the shared society. Applying that concept to this context, discloses the potential of a cohesive society to uphold basic constitutional principles and prevent state institutions from pursuing repressive policies.

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WOMEN IN COMMUNISM – EVERYDAY REALITY VERSUS PROPAGANDA

WOMEN IN COMMUNISM – EVERYDAY REALITY VERSUS PROPAGANDA

Author(s): Nina-Florentina Cristea / Language(s): Romanian Issue: 39/2024

The intrusion of the Communist Party into Romanians’ private lives is an observable reality since the 1950s. This policy will continue for many years, until the fall of the communist regime in 1989, but having ramifications that will make their presence felt long after that. Romanians remained tributary for a long time to the mentality that the state can do and undo as the political leaders see fit. The exposure of private life to the excessive control of the state also made possible politics involving in matters concerning women and their new role. Women’s emancipation and their equality with men (much promoted at the level of the communist discourse) represented only a trick of the regime, a double or triple burden on women, less a real change for the better, an increase in the quality of their lives. Communist women, as they appear in all propaganda media, have been wives, mothers, workers, being involved in political life. It was a picture of the perfect woman that had no corresponding reality. Gender inequalities continued to exist during the communist regime regarding women, both in the private and public spheres, despite what was officially presented.

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Soudružské soudy jako nástroj socialistické demokracie ve vybraných státech východního bloku

Soudružské soudy jako nástroj socialistické demokracie ve vybraných státech východního bloku

Author(s): Petra Zapletalová / Language(s): Czech Issue: 3/2024

This paper focuses on a significant phenomenon that existed mainly in the late 1950s and 1960s – the comrades’ courts. In the introduction, this social organisation is mentioned in Czechoslovakia, but then the paper provides brief information on the similar institutions in USSR, Hungary, Poland and Romania. The work is divided into thematic parts based on countries, where the legislative development and the organisation of comrades’ courts are included, but also this paper contains information on procedures and sanctions. Finally, an attempt is made to evaluate and compare these institutions.

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REPUBLIC OF LITHUANIA LAW ON THE USE OF THE POLYGRAPH

REPUBLIC OF LITHUANIA LAW ON THE USE OF THE POLYGRAPH

Author(s): Jan Widacki / Language(s): English Issue: 2 (60)/2024

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Supliki z diecezji przemyskiej do Penitencjarii Apostolskiej z XV wieku na tle porównawczym

Supliki z diecezji przemyskiej do Penitencjarii Apostolskiej z XV wieku na tle porównawczym

Author(s): Monika Saczyńska-Vercamer / Language(s): Polish Issue: 20/2024

The subject of the article is a group of about 30 supplications from the Przemyśl diocese from the 15th century, which have been preserved in the archives of the Apostolic Penitentiary. The Przemyśl diocese is a particularly interesting research area due to the diverse religious population living in its area, the coexistence of the Orthodox church organization, as well as close ties (geographical, personal) with Małopolska. It was also a missionary area of the Catholic Church. The number of supplications from the Przemyśl diocese, the smallest among the dioceses of the Lviv archbishopric – less than 30 – is very small compared to the dioceses of the Gniezno archbishopric, but significant (the largest) on the scale of the local metropolis. This should be seen as the result of close ties with the Gniezno metropolis, but the influence (cultural transfer, preaching, care for the cathedral school) of the cathedral chapter environment, which included many outstanding people, such as Mikołaj Wigand, was also significant. The supplications from the Przemyśl diocese illustrate almost the full scale of the authority of the office serving papal reserves. Both broader phenomena (e.g. elite papal privileges) and local specifics (e.g. irregularities in the performance of worship, a specific understanding of marital impediments) are visible. At the same time, they allow us to observe the functioning of canon law in an area that is not only on the periphery of the Western Church.

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Hana Younis, Žene u sudskim spisima 1878–1914. Odbjegle, preljubnice, rentijerke, zemljovlasnice

Hana Younis, Žene u sudskim spisima 1878–1914. Odbjegle, preljubnice, rentijerke, zemljovlasnice

Author(s): Alen Nuhanović / Language(s): Bosnian,English Issue: 52/2023

Review of: Hana Younis, Žene u sudskim spisima 1878–1914. Odbjegle, preljubnice, rentijerke, zemljovlasnice (Women in court records 1878–1914. Runaways, adulteresses, rentiers, landowners). Sarajevo: University of Sarajevo – Institute for History, 2023, 338 pgs.

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Forum: Raluca Grosescu’s Justice and Memory after Dictatorship
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Forum: Raluca Grosescu’s Justice and Memory after Dictatorship

Author(s): Filipe dos Reis,Nina Reiners,Kyle Reed,Victoria Basualdo,Andrei Miroiu,Raluca Grosescu / Language(s): English Issue: 1/2025

Raluca Grosescu’s Justice and Memory after Dictatorship explores how lawyers mobilised, contested, (re)interpreted, and adjusted key notions of international criminal law in domestic contexts during the transition from dictatorship to democracy in the two semi-peripheries of Latin America and Central Eastern Europe (CEE). The book is remarkable for a variety of reasons. It is based on an impressive amount of empirical data collected over 10 years, including more than 80 interviews with legal practitioners, ethnographic observations of trials, jurisprudence produced in national, regional, and international courts, as well as memoirs and academic literature published by central actors. It uses this material to develop a comparative perspective to analyse the transition in eight countries (Argentina, Brazil, Bulgaria, Estonia, Guatemala, Lithuania, Paraguay, and Romania) and trace global connections. Despite its attention to detail and nuance, it is concise and coherent. It is written in an interdisciplinary manner and speaks to ongoing debates in various academic fields, first and foremost in international relations (IR), international law, the sociology of law, and history. Finally, it is equally valuable for those working on the peculiarities of the two world regions or of international criminal justice, as it is for those interested more in the bigger picture.

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