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Changes in Building Legislation

Author(s): Miroslav Válka / Language(s): English Publication Year: 0

In addition to all of the cultural ties that connected Moravia with the Danube region and the Carpathians in terms of the folk house, the phenomena of European civilization spread from the west, i.e. from the Bohemian environment. In the 18th century, the increasingly centralized and bureaucratic state administration began to regulate construction activities in the towns and villages. Imperial decrees with province-wide force replaced the older manorial instructions that had been limited to a single domain.

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Разлози честог формирања ванредних судова у Србији 1839-1844

Author(s): Uroš Stanković / Language(s): Serbian Publication Year: 0

The article is intended to determine why extraordinary criminal courts were frequently established in Serbia in the period between 1839 and 1844. In aforementioned five-year period, eight extraordinary courts were set up. Besides, four other propositions had been put forward to constitute extra-ordinary court, but were rejected. Significant number of propositions for establishing extraordinary courts and significant numbers of extraordinary courts which were actually established requires an explanation as to why this unfavoured institution was to such an extent popular among Serbian governments of that time.The reasons for extraordinary courts appearing in many instances can be divided into two groups – official and unofficial. Official reasons are stated in the acts proposing constitution of extraordinary courts. Five of them were mentioned. Those are: multitude of co-perpetrators, offenders being domiciled in different districts, the nature of crime and expedition of trial where co-perpetrators were of different statuses (the military and civilians). Hardly ever would only one factor be stated as the reason for set-ting up an extraordinary court. Usually two of them appear among which nature of crime and expedition of trial are coupled most recurrently.Unofficial reasons comprise social and legal consciousness, under-development of the judiciary, political instability and desire to quell political opposition. The last-mentioned stands out as the unofficial reason of greatest significance.Which of two groups of reasons had prevailing influence over government to set up extraordinary courts? In order to answer that question, one must apply comparative method. In other words, it means that the presence of more constant, formal reasons in aforementioned five-year term should be compared with their occurrence in subsequent period. The comparison reveals that unofficial reasons predominate over official ones.

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Депозит у римском, византијском и српском средњовјековном праву

Author(s): Srđan Šarkić / Language(s): Serbian Publication Year: 0

According to the opinion of Roman lawyers, depositum was a contract in which a depositor gave a res to a depositee to be kept without renumeration and to be returned on demand. Special cases of depositum were: depositum sequestre, depositum necessarium or depositum miserabile and depositum irregulare. Byzantine law pays a special attention to the contract of depositum. Ecloga contains chapter XI referring to the depositum, entitled Περί πάσης παραθήκης. Chapter XVIII of Procheiron entitled Περί καταθήκης, contains fourteen rules concerning the depositum, and the chapter XXV from Epanagoge, with the same title, contains sixteen fragments on the same topic. However, Matthew Blastares in his Syntagma canonum incorporated only two fragments referring to the depositum, taken from the Procheiron, in a short chapter under the title Περί παρακάταθήκης: 1) the general definition of depositum, and 2) the law on responsibility of a depositee for a loss of a thing in case of vis maior, culpa or neglegentia.The contract of depositum was mentioned in medieval Serbia mostly in the translations of Byzantine legal miscellanies, while Serbian legal sources mention it very rarely.In chapter 48 of the Nomokanon of Saint Sava, entitled Selection of laws that God gave to Moses, we find a short title On depositum (O poklade). Much more important is chapter 55 in which Saint Sava has adopted the complete text of the Procheiron. Title XVIII On depositum (O pokladeži) contains fourteen fragments translated from the Procheiron. The Serbian redactors of the complete Syntagma of Matthew Blastares omitted nothing from the original Greek text. However, they added one more provision which increased the responsibility of the depositee. Serbian legal sources mention the contract of depositum especially in the relationships between the citizens of Serbia and the small City-Republic of Ragusa (Dubrovnik). The remaining documents were written either in Latin or in the old Serbian language.In the documents, written in the old Serbian language, besides the word poklad, used in the translations of Byzantine legal miscellanies, we can find, for depositum, the nouns postava and pohrana as well as the verb postaviti. The most important document, treating the depositum, is a very long list of deposited objects, left by Serbian Despot Đurađ Branković to be kept by the Ragusans (1441, January 25). The list was made by Ragusan notaries.

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Законоправило Светог Саве као смјерница савременом законодавству

Author(s): Stanka Stjepanović / Language(s): Serbian Publication Year: 0

St. Sava also included in his Zakonopravilo some of the secular legislation which he had taken from the Byzantine collections, with the aim of directing the Serbian state and its subjects in a legal way and thus extending Serbian customary law to secular laws. Jeftimije Jovanovic has been studying Zakonopravilo for forty years and wrote a first textbook based on Zakonopravilo. Sergei Viktorovich Troicki also studied Zakonopravilo for as many years as Jeftimie Jovanovic and left numerous papers and especially detailed guidance on how photo-types of the Zakonopravilo should be made. The author points to the need to consolidate the study of the Zakonopravilo of St. Sava in the works of Jeftimie Jovanovic and Troicki and believes that this would lead to the conclusion that St. Sava is the creator of legal terminology, not only among Serbs, but among other Slovenian nations as well. Author thinks that connecting the study of the Zakonopravilo of St. Sava with works of Jovan Hadžić, Slapkin, Beneševič and Valtazar Bogišić, would lead the doctrine of church and civil law to the conclusion that returning to sources is the safest route to the modern organization of legal institutes. The Zakonopravilo could be a guideline for the legislator on how to adopt applicable regulations that will be tailored to the addressees' needs, taking into account geographical location and economic and social status.

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Српска револуција (1804-1813) и античке правне и политичке идеје

Author(s): Samir Aličić / Language(s): Serbian Publication Year: 0

The subject of the research is the reception of ancient legal and political ideas by Serbian intellectuals who actively participated in the First Serbian Up- rising (1804-1813) and in the creation of the ideology of the Serbian Revolution. They generally accepted the theory of social contract according to which the state is not an abstract term separate from the people who make it, that is, it is equated with the community of citizens. Serbian scholars knew about the forms of government that existed in classical antiquity, and they accepted the division of forms of government into monarchical, aristocratic and democratic, just like some fundamental legal principles of Roman law, such as equality of citizens before the law and the rational and ethical character of law. Also, defining the concept of law as an expression of the people's will expresses the influence of the analogous concept of Roman law.

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Право у Босни и Херцеговини за време аустроугарске владавине

Author(s): Sanja Savić / Language(s): Serbian Publication Year: 0

One of the issues that the newly established Austro-Hungarian authorities had to deal with after the occupation of Bosnia and Herzegovina was its legal order. Despite the reformist intentions, the replacement of the Ottoman right by the Austro-Hungarian right could not be carried out at once. In this paper the author will try to answer the questions as to how the Austro-Hungarian authorities treated the current Ottoman legal order and if Bosnia and Herzegovina could influence the formation of its own legal system? Ultimately, these answers should project a picture of what was the law in Bosnia and Herzegovina like during the Austro-Hungarian rule.

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Imenovanja i razrješenja sudaca u Republici Hrvatskoj od 1990. do 1996. godine

Author(s): Nikolina Židek / Language(s): Croatian Publication Year: 0

Predmet ove analize su imenovanja i razrješenja sudaca u Republici Hrvatskoj od 1990. do 1996. godine. To se razdoblje podudara s proglašenjem neovisnosti Republike Hrvatske i donošenjem tzv. božićnog Ustava 1990., razdobljem ratnih događaja i izvanrednog stanja te neposrednog poraća. To je ujedno i razdoblje velike pravne nesigurnosti u sudstvu s obzirom na kašnjenje u donošenju zakona o sudovima i osnivanja Državnog sudbenog vijeća kao tijela nadležnog za imenovanja sudaca. Pravna nesigurnost i različita primjena nejasnih zakonskih odredbi, dovela je do neizvjesnosti statusa te posljedičnog egzodusa sudaca, mahom u odvjetništvo ili javno bilježništvo te prijevremenu mirovinu. Posljedica tog procesa bila je negativna selekcija u toj grani trodiobe vlasti, koja zapravo najizravnije jamči pravnu državu svojim građanima.

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UNELE REFLECȚII PRIVIND CONCEPTUL, TIPURILE ȘI SUBIECȚII PREVENIRII CRIMINALITĂȚII. CAZUL REPUBLICII MOLDOVA

Author(s): Anatolie Faigher / Language(s): Romanian Publication Year: 0

This article is dedicated to the study of crime prevention in the light of its essence, but also of those obliged to justify it. Or in the criminological doctrine there are several concepts: prevention, prophylaxis, fight with crime, etc., which in some situations are not clear to the recipient. In this sense, we come with the proposal to clarify the concept of crime prevention and its subjects

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Съвременни интерпретационни модели на релацията между Ius и Iustum

Author(s): Svetoslav Naumov / Language(s): Bulgarian Publication Year: 0

The issue of the connection between law and justice has historical, politological and purely legal and legal-philosophical aspects. The analysis of that relationship needs a philosophical and historical overview to be made, as well as to outline its contemporary aspects. The article is dedicated to the connection between justice and law in the context of the philosophical concept of fairness, equality and freedom. Philosophical-juridical discourse of justice brings forth the particular actuality of the topic given the context of the contemporary international standards and regulations that form the institutional frame of modern legal policy.

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Заплашване при договарянето

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The article addresses the main lines of the historical development of the institution, through a comparative perspective, from the beginning of the XIX century until today. It refers to the regulation of the civil laws – models of continental legal system (French and German), together with this of the Italian and Bulgarian law. The elements of the factual composition of this ground for annulment of the contracts [under Art. 30 of Bulgarian Law of Obligations and Contracts (LOC)] are stated. A brief analysis of the regulation of soft-law sources is made.

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Исторически основи на разграничаването на собствеността на публична и частна

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

The article represents the beginning of a broader and more in-depth study of the problems of expropriation in the public interest. This study involves tracing the historical foundations of the division of property into public and private, as well as the impact of its denial during certain periods for Bulgaria. It also presupposes a new look at the time-required restoration of this division of property and the consequences for Bulgarian citizens. Examining this division in the light of modern law cannot be complete and exhaustive without tracing past developments. Three lines of research are emerging. The first line is related to the consideration of the separate types of property rights existing in Ancient Rome, as well as the question of which of the types of property began to be spoken of as public, along with private property. The second line of research logically passes through the question of the types of things known to Roman private law. There is also a third line of research, which concerns the division of law in Rome into public and private, the consequences of this division both for the systematization of Roman law as a whole and for the influence on matters of property. The division of public and private law later penetrated the European constitutions and their common rules of property. But these last questions are the subject of subsequent articles.

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Вещно действие на дворищната регулация до приемането на ЗУТ

Author(s): Stoyan Stavru / Language(s): Bulgarian Publication Year: 0

The article examines the historical development of Bulgarian legislation on development regulation since the beginning of the third Bulgarian state. The main focus of the study is the importance of regulatory plans for the integration and division of real estate, as well as the legal effect of these plans on real property rights over the real estate. An attempt has been made to summarize and systematize the existing regimes and clarify their application at present.

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Исторически преглед на предпоставките, обуславящи възникването на Европейската агенция за гранична и брегова охрана

Author(s): Vladimir Valev / Language(s): Bulgarian Publication Year: 0

The article provides a chronological overview of the reasons that led to the emergence of the European Border and Coast Guard Agency. The prototypes of the common security and defense policy, their significance and development are noted. The agencies and policies for the protection of the external borders of the European Union are discussed.

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Este jurisprudența Înaltei Curți de Casație și Justiție creatoare de drept ?

Author(s): Mihai Bădescu / Language(s): Romanian Publication Year: 0

In the legal systems that establish it as a formal source of law, the case law includes the practical experience of the judicial bodies that apply the right to concrete cases. In these legal systems, the judge can make decisions with general value, decisions that can become creative sources of law. Prior to the law as a source of law, jurisprudence did not have the same role in the legal systems, this role being different from one historical era to another, from one system to another. In contemporary law, the jurisprudence has its particularities, in relation to the legal system in which it is founded: in Roman-German law, the jurisprudence is the result of the interpretation and application of the law, carried out by the judicial body, according to the will of the legislator who adopted the legal norm; in Anglo-Saxon law, the precedent is the authority that a judicial decision can have in cases analogous to the one in which it was pronounced; In this system, the judge is not a mere interpreter of the law; he is the creator of law (judge made law). In Romanian law, which does not belong to the Anglo-Saxon system, but to the family of Romanian-German law, the jurisprudence has a special status. We consider two situations that underline the importance of the precedent in this legal system: the decisions of the Constitutional Court (which are general-binding and have power only for the future) and the decisions of the High Court of Cassation and Justice (in the case of the appeal in the interest of the law and in the situation where The High Court is called upon to give a preliminary ruling on the issue of legal issues). From the point of view of the present study, it is precisely these decisions of the Supreme Court, according to the two procedures regulated in civil procedural law and criminal procedural law. From this perspective, seeking to answer the question that gives the title of this study, we admit that, in Romanian law, the case law can be considered a secondary source of the law. The reserve attitude towards recognizing the source of the right of jurisprudence is based on the principle of separation of powers in the state: the adoption of laws is the responsibility of the legislator, their application, the responsibility of the judicial bodies. To recognize the courts the right of direct normative elaboration, would mean to force the door of legislative creation, disturbing the balance of powers (N. Popa).

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Rolul Curţii Constituţionale şi al Înaltei Curţi de Casație și Justiție în definirea conceptului de funcţionar public

Author(s): Ion Ristea / Language(s): Romanian Publication Year: 0

The author has aimed and succeeded to present the notion of civil servant, the role of the Constitutional Court and of the Supreme Court in defining this concept. In this meaning, we have used the method of the historical interpretation by searching the meaning of the notion of civil servant in the old legislation, the Criminal Code of 1864, 1936, 1969, 2004 and the actual Criminal Code of 2009. Also, have been presented significant decisions of the Constitutional Court and of the High Court of Cassation and Justice referring to the notion of civil servant or in connection to it, emphasizing the role of these institutions in performing the attributions stated by the Constitution and the organic laws governing the civil activity.

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Analiza crimen ambitus w świetle hiszpańskich leges municipales/coloniarum i wcześniejszych regulacji prawnych

Author(s): Emilia Twarowska-Antczak / Language(s): Polish Publication Year: 0

In this work, I focus on issues concerning the responsibility of city officials for crimen de ambitu in the light of Spanish leges municipales/ coloniarum and earlier legislation. In a system created by the ancient Romans, responsibility was intended to safeguard the interests of municipalities in the event of management irregularities. Therefore, the applicant for the office of duumvir or quaestor was obliged to set a cash security – cautio. One of the key problems of the Roman republic, and later the Roman municipia (also during the principate) was the corruption of voters with the aim of getting them to cast a ballot for a particular candidate. During the principate era, electoral crime was mainly committed outside Rome, which is why I analyse the legal norms contained in Spanish city laws in the context of Republican legislation.

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Епитропи у дубровачком праву

Author(s): Mirjana Pupić / Language(s): Serbian Publication Year: 0

With the help of archival material, author in this work reviews some fundamental questions referring to the institute of epitropes in Dubrovnik law. First, it is pointed to the origin of this institute which is very complex. The author believes that it may bear relation to Roman post classical law on one and Byzantine law on the other hand. Further, the provisions about epitropes which are contained in Statutorum civitatis Ragusii and Liber Omnium Reformationum are analysed. For the purpose of comparison there provisions of epitropes in the statutes of other coastal cities are also studied.The numerous perceived similarities and some important differences are outlined together with the concluding considerations.

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Izvori komunitarnog prava

Author(s): Zoran Radivojević / Language(s): Montenegrine Publication Year: 0

U Evropi se odavno ustalila tradicija da se izučavanje svakog pravnog sistema započinje utvrđivanjem njegovih izvora. Naime, veoma je teško, ako ne i nemoguće, govoriti o nekom pravu, a da se istovremeno ne zna odakle ono potiče. Komunitarno pravo, odnosno pravni sistem Evropskih zajednica, nije u tom pogledu izuzetak.

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Епохата при появата на действащия ЗЗД

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

This study aims to point out the main historical facts (socio-political events, cultural habits and economic data) about Bulgaria in the decade before the LOC came into force between 1941 and 1951. An attempt has been made, free from ideological clichés, to involve our Law on Obligations and Contracts (LOC) in this historical context.

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Злоупотребата с право. Исторически и сравнителен анализ

Author(s): Zhana Koleva / Language(s): Bulgarian Publication Year: 0

The subject matter of this research is the concept and the regulation of the abuse of rights established in the Law of Obligations and Contracts (Art. 8, Para 2 LOC) and in the Commercial Law (Art. 289 CL). They are comparatively analyzed in respect of the leading national legal systems in Germany, Austria, Switzerland, France and Italy. The study historically traces whether the general rule of abuse of rights is found out in Ancient Roman Law. According to the widespread doctrine view the concept of abuse of rights originates from the international public law3, which condemns the abuse of discretionary power of public authority. Nowadays the abuse of rights is also found in Private Law with its specific features. The doctrine debates whether the origin of the concept dates back to Ancient Roman Law. Some texts of Corpus Juris Civilis describe and prohibit certain human activities as unlawful exercising of a given right as the D. 39.3.1.12 and D. 39.3.2.9. are most often cited. By establishing these rules the ancient Romanists were guided by the rule: no malice – no actio. Though still in rudimental stage, these rules demonstrate the rise of an idea, which became a clear concept hundreds of years later.

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