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During 2013 in Ukraine a large quantity of scientific works dedicated to the historyof law and the state was published. Ukrainian scholars were investigating issues in both national and foreign law
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Andreas Hegyes’ diary – kept between 1613 and 1617 – is an excellent source for analysing contemporary perceptions of crime and deviant behaviour from several perspectives. Compared to town chronicles, the diary conveys information not only about the crimes that took place in the town and its jurisdiction, and the discourse about malefaction and delinquency, but also about the empirical knowledge of the incidence of crime and the measures taken to combat it, as perceived by the town official who conducted criminal proceedings and supervised the execution of punishments, especially of the public executions. The aim of our study is to present information from the diary about the crime and the law enforcement in pre-modern Brașov, about the chronicler’s perception of offenders and victims, and about the functioning of the criminal justice system.
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Pursuant to the First World War, Romania’s territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian state’s response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state’s actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.
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This paper presents the evolution of Romanian arbitration, proving its effort and orientation towards efficiency in order to meet the users’ needs and to adapt to the challenges of a changing world. In the seventeenth and eighteenth centuries, when the whole of Europe was struggling with the legislative activity imposed by the breaking of the old feudal tradition and the demand to meet the needs that were born with the revolutions and changes dictated by them, in our country, Caragea Code entered into force regulating also arbitration, taking over from the Donici Handbook and the Calimach Code. The latter, however, was considered superior to Caragea's legislation and applied for nearly 50 years. It followed the Unification of the Principalities and the adoption of the 1865 Civil Procedure Code with the arbitration regulated in the Fourth Book, which lasted until 1993, when arbitration was given a revival and ample regulation aligned with contemporary legislation. During the communist era there was an institution adapted to the new socialist principles for settling foreign trade disputes, the State Arbitration. This contributed keeping alive of the Commercial Code which was not abrogated, for it continued to use commercial law and its principles when Romanian law was to apply. The last significant change occurred with the entry into force of the current Civil Procedure Code in 2013, which harmonized the Romanian arbitration legislation with the most evolved trends. As culmination of the latest changes to meet the demand of placing Romania on the current international arbitration map as a suitable place to conduct a modern arbitration process tailored to trends, and to promote a sustainable arbitral system for the future, the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania recently adopted new Rules of arbitration developed from good practices and international rules in the field.
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Although several researchers have already dealt with the institution of the so-called inquisitio malefactorum, the lack of systematic knowledge and the limited set of unfolded sources indicate the inevitability of a study which focuses on this institution. In this paper, after outlining the procedure itself, I will attempt to provide an adequate definition and to delineate the boundaries of the jurisdiction of the inquisitio malefactorum, as well as to address controversial issues such as the people who carried out the procedure, and also its place and time. In conclusion, we can state that the inquisitio malefactorum is in fact a form of inquisitorial criminal procedure, which operated in parallel with the sedes iudiciariae in the 17th century and it did not become their preparatory procedure, as scholars previously assumed.
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The paper is an English translation of Przyczynek do rozważań nad stosunkiem prawa międzynarodowego do prawa rzymskiego by Bohdan Winiarski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1934. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.
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The article represents a brief analysis of the effectiveness of the judicial act by referring to the necessity of establishing a judicial truth. In establishing limits for the determination of judicial truth, the article examines the prevalence of the notion of rule of law, the rigor of applying the rules of procedural or material law, the implication of equity in judicial matters and the need to establish a correspondence between factual truth and judicial truth.
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This study reviews the rights of national minorities in Czechoslovakia and Slovakia regarding the use of personal names from 1918 to the present. Tracing along the background factors of historical turning points and political eras of the examined period, the paper is also seeking to give a true and fair view on the relation of the powers that be to the national minorities, and their language policy relating thereto.
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The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today’s law enforcement.
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It’s a well-known fact that the court of the Royal Table became the principal royal conciliar court at the second half of the 15th century. The discussions usually took place during the judicial terms (generally four each year), the so-called octaves. The Royal Table of the elected king II. János Szapolyai has been mainly patterned after the medieval Table of the kings. The emerging new state’s characteristics, in particular the fact that it was composed of two slightly different regions (the so-called Partium and Transylvania with three privileged communities, Hungarian noblemen, Saxons and Szeklers) was reflected in the organization and the functioning of the Table. Different court sessions were held for the noblemen from Partium, for the Szeklers and for the noblemen of Transylvania. These octave courts (generally two for each privileged community) at the beginning of the studied period have started on the day of major feasts (Epiphany, St George, Lucae ev., Reminiscere) and from 1571 on the eighth day of these feasts, and they lasted around thirty days. The court sessions took place mostly in Gyulafehérvár (Alba Iulia), Kolozsvár (Cluj) and Székelyvásárhely (Târgu Mureș).
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The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The dominica potestas was exercised by owners, as well as the collegial body – tresviri capitales. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of leges criminales with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.
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Realization of the right involves "transforming the rule of law - as a theoretical concept ‒in the real social relations", a work which takes two forms: making the law enforcement activity and compliance with laws and conducting law by applying legal norms by state bodies.
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The author concludes that the gradual changes from inside the successional patterns of the szeklers facilitated the equal succession for children of both gender. So to say, the custom created the norm for the legal practice. One might say, that although the szekler customary law of succession was very much centered on men, it was much more fair than those of the Hungarian counties', thus created a more favourable ground for the emancipational movements of the women.
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This study deals with the changes in the meaning of genocide during the past seven decades. It discusses the circumstances of the origin of the legal concept in the works of Raphaël Lemkin and in the international legal documents of the United Nations, and analyzes the political and social concepts of genocide explicated in the years of 1970 and 1980. From the fact that the legal provision of the 1948 Genocide Convention has not been applied in judicial decisions for decades, some experts have come to the conclusion that it should be renewed. During the past three decades, several alternative concepts were coined (such as „democide”, „politicide”, „holodomor”, etc.). These conceptual experiments, however, were not successful.
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Hammurabi’s code shows the social relations of that time, although most of these relations were regulated by the Law of Contract. The Code covers a variety of legal matters: it regulates very complex property, family, obligatory and criminal-legal relations including the judiciary provisions. The Code expresses the class character of the society, because it primarily protects the interests of the ruling class and punishes the members of the ruling and subordinate classes differently for the same crimes. The Code was carved in a stone pillar and it was found by M. Morgan in 1901. This masterpiece of a human’s thought, almost four millennia old, was engraved in the stone of Babylon (Hammurabi) for the temple of Sippar (now the ruins of Abu Dhabi near Baghdad). An undamaged inscription of the Code is kept in the British Museum.
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The following study constitutes a historical outline of the evolution of Romanian civil procedure in the period between 1918 and 2013 from the perspective of the norms applicable in Transylvania as part of Romania. Romanian civil procedure in the period immediately after 1918 presented a diverse picture, with several procedural regimes applicable in the same country at the same time. This raised the necessity of unifying procedural norms, at first attempted by recodification and later accomplished by the extension of the Code of Civil Procedure of the Kingdom of Romania to Transylvania in 1943. As the Soviet-type totalitarian regime was consolidated in the late 1940s, a reform (much rather a recodification) of civil procedure occurred in the new spirit of the age, which, along with subsequent norms led to the reduction of judicial remedies and the introduction of a ‘lay element’ into the process by the presence of assessors, and it also increased the role of public prosecutors during the civil trial. Following the 1989 regime change, civil procedure in Romania at first, before a comprehensive reform, reverted to historical models, and then finally recodification was achieved.
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Legal thinking with regard to omission has evolved over time, and, for a long time, inaction was not criminalized in the same way as action. The Romanian Criminal Code of 2009 regulates for the first time in our legislation the principles of liability for omissive acts and situations in which there is criminal liability for an act committed by omission, in a similar way to other European criminal codes.
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Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.
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Review of: A History of the Hungarian Constitution. Law, Government and Political Culture in Central Europe. Hrsg. von Ferenc Hörcherund Thomas Lorman. Bloomsbury Aca-demic. London 2020. XVI, 366 S. ISBN 978-1-3501-7018-6. (£ 26,99.)
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The purpose of this study is to review the role of the University of Kolozsvár in renewal of Hungarian legal philosophical thinking. So that will be presented the activity of Viktor Jenei, Rudolf Werner, Bódog Somló, Gyula Moór, Barna Horváth, István Bibó, József Szabó in Kolozsvár.
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