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Modernizácia uhorského právneho poriadku v 19. storočí

Modernizácia uhorského právneho poriadku v 19. storočí

Author(s): Tomáš Gábriš / Language(s): Slovak Publication Year: 0

Pravidlá správania, ktoré dnes poznáme pod pojmom „právo“, v počiatkoch európskej (vrátane uhorskej) kultúry pôvodne splývali s neprávnymi pravidlami správania, vyjadrenými normami morálky, etiky či náboženstva. Právo sa teda nechápalo ako súbor „právnych viet“, t.j. primárne spísaných pravidiel záväzných z titulu štátnej autority. Bolo to skôr chápanie práva v zmysle subjektívneho „nároku“ na správanie druhých voči tomu, kto sa „práva“ domáha – napr. právo na odškodnenie spôsobenej ujmy. Hneď od 11. storočia sa síce v Uhorsku vydávali zákony, či spisovali zákonníky a knihy práv, bolo to však najmä pod vplyvom kresťanských panovníckych vzorov, a osobitne pod vplyvom kánonického práva a neskôr znovuobjaveného rímskeho práva. Ich primárnym cieľom nebolo skutočne vynucovať správanie zachytené v týchto kódexoch. Cieľom to ani reálne byť nemohlo, keďže neplatil základný predpoklad, že každý má možnosť a povinnosť poznať text zákonov. Zákony sa totiž vyhlasovali prevažne ústne, a ich písomná forma bola rozširovaná iba veľmi obmedzene. Panovnícky dvor ani predstavitelia miestnej správy preto nemohli očakávať, že obyvateľstvo sa bude spravovať textom prijímaných predpisov. Zrejme v tejto súvislosti drvivá väčšina uhorských normatívnych textov od 12. storočia upustila od snahy regulovať každodenný život obyvateľstva a zaoberala sa iba otázkami daní, či správy a vojenskej obrany krajiny, čo boli otázky rozhodované elitami na jej (stavovských) zhromaždeniach. Zákony predmoderného obdobia teda takmer vôbec neupravovali otázky tzv. súkromného práva, napríklad otázky vlastníctva, dedenia, zmluvných vzťahov, či vzťahov medzi manželmi. Táto problematika bola zverená lokálnym predstavám o spravodlivosti, panujúcim v komunite, v ktorej sa tieto pravidlá tvorili a aplikovali. Tak ako dnes v práve používaný pojem „dobrých mravov“ pri výklade svojho obsahu závisí od času, miesta a situácie, v ktorej sa vykladá a aplikuje, podobne aj predmoderné právo – ale v omnoho väčšom rozsahu – záviselo od času a prostredia, v ktorom sa tvorilo a vykladalo. Aj preto na území Uhorska mohlo platiť viacero „právnych poriadkov“, resp. presnejšie – rozdielne predstavy o tom, čo je právo a aký je jeho obsah. Táto skutočnosť je podstatou tzv. teritoriálneho a personálneho právneho partikularizmu, ktorého prekonanie, a teda podstatná modernizácia – zjednotenie uhorského právneho poriadku v zmysle „rovnakého práva pre všetkých“, sa spája práve s 19. storočím.

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Žena v systéme Žilinského magdeburského práva

Žena v systéme Žilinského magdeburského práva

Author(s): Michal Bada / Language(s): Slovak Publication Year: 0

The author uses an example of the Magdeburg law system from Žilina (ŽMP) for the analysis of the position of women in a medieval law system. Legal options and boundaries for women determined 'ways of their survival' and were reflected in 'a legal atmosphere' of the past. The medieval town offered two different 'legal statuses' for both sexes. The Magdeburg law (Sachsen spiegel) dates back to the second half of the 12th century. It spread rapidly throughout Europe during the first half of the 13th century. Žilina used the law of the town of Tesin (Flemish law), but was ordered by the king in 1369 to change to the Magdeburg law, as used in the town of Krupina. Under the influence of slovakization of Žilina the text of the Magdeburg law was translated into slovakized Czech (i.e. Czech with numerous Slovak elements). The articles that concern women, apart from those that touch upon them only marginally, can be divided into two basic groups - dealing with criminal punitive and hereditary issues. Women in ŽMP did not have full rights. They formed a special group of the urban environment and their status was formed by protective as well as some restrictive regulations. For example they could not carry an arm, during the court trial they had to have more witnesses than men and they could personally witness in court only in cases of rape and debts. On the other hand, they were protected during the pregnancy even if condemned and while taking an oath they were allowed to sit if they were not physically fit. There are detailed instructions concerning murders and lethal injuries or physical damages committed by women in ŽMP. In addition, the law deals with legal position of illegitimate children. The most numerous are articles about the family law, marital property issues and hereditary process. A woman gained by marriage the same legal position as her husband. Though the marital property was considered joint, it was the husband who was in charge of it. An interesting feature of marital property rights was the phenomenon of paternal property. It was called vater halbe (paternis in Latin) and there is a maternal equivalent for that in ŽMP - maternis. There were precise rules as to what property belonged to the wife and what to the husband and which part of it should go to her and his relatives after their death. In court hereditary cases there was an institution of a special speaker „vor munde", who had a joint role of women's (but also of children and of men over 60) defender and personal legal representative. This role was usually fulfilled by her husband, father or other male relative over 21 years of age. Records in town protocols mostly concern wealthy and prominent families and testify that the complicated ŽMP hereditary system was really used in practice. From the end of the 15th century husband and wife could use testamentary freedom and form their last wills in front of town magistrate. This right can be seen as emancipation of married couples and their liberalization from the family ties.

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Публично и частно право - право на собственост

Публично и частно право - право на собственост

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

The study attempts to consider some fundamental legal phenomena known from ancient times, but requiring modern reading, as well as new phenomena that society in recent years has required as legal regulation. The challenge of the present work is to find the roots and the connection between these phenomena. Traditional and fundamental issues include the distinction between public and private property, as well as the impact of this distinction in view of the different ways in which private property is confiscated in favor of public entities. Newer issues include expropriations such as modern regulations, confiscation of criminally acquired property, and more. The study will trace the historical foundations of the division of property into public and private, as well as the impact of its denial in Bulgaria during certain periods. An attempt will be made to look to in a new way at the time-consuming restoration of this division of property and the consequences for Bulgarian citizens of this return to the classics. The study also comments on a number of works by established Bulgarian scientists which are relevant to the topic.

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Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война

Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война

Author(s): Nedyalko Bekirov / Language(s): Bulgarian Publication Year: 0

The present work systematizes issued certain legal acts related to the ongoing socio-economic and socio-political processes during the First World War. Specific legal acts related to the area of satisfying the population with foodstuffs are cited. Rules and regulations aimed at providing for the population are also described, which persons are entitled to support and in what amount. In conclusion, individual problems that arise in connection with the legal act are indicated.

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Правовият ред в българските възрожденски еснафи

Правовият ред в българските възрожденски еснафи

Author(s): Petya Nedeleva / Language(s): Bulgarian Publication Year: 0

This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.

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Ревизия на Конституцията на Република България от 1991 г.

Ревизия на Конституцията на Република България от 1991 г.

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.

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Същото, но обратно

Същото, но обратно

Author(s): Mihaylina Mihaylova / Language(s): Bulgarian Publication Year: 0

In the development reference is made to oppositions and antinomies, as they are subject of consideration by philosophy and the various schools of philosophy. This paper aims to present multifacetedness of the concept of the opposite.

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Правото и правната наука през следващото хилядолетие

Правото и правната наука през следващото хилядолетие

Author(s): Zhivko Stalev / Language(s): Bulgarian Publication Year: 0

The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.

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Относно същността на погасителната давност

Относно същността на погасителната давност

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

This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.

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Религиозната толерантност в България през Средновековието

Религиозната толерантност в България през Средновековието

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The following article deals with the issue of religious tolerance in Bulgaria during the Medieval times. It sifts through Bulgarian history from forming of the state to falling under the Ottoman yoke. The article starts with the religious believes of the thee major ethnic groups which participated in forming of Bulgarian medieval state: thracians, slavs and bulgars. The research is centered around their common religious relations and influences. The other issue is the anti-Christian persecutions during the pagan age of the First Bulgarian Empire. The intolerant actions of the khans can be explained with the fear of Byzantine influence and eventual loss of sovereignty. A turning point in the Bulgarian history is the period of christianization and the following results. Conversion to Christianity, at first, meets great opposition among the Bulgar nobility, but the actions taken by Boris I deserves to be mentioned. The article pays attention to another problem in our society during the Middle ages – the Bogomilism. This gnostic religious and political sect calls for a return to early Christianity, rejecting the ecclesiastical hierarchy, and its primary political tendencies are resistance to the state and church authorities. This religious movement is met by heavy contempt and intolerance of the ruling class from its beginning to the fall of the Second Bulgarian Empire. The final issue is the relations between the crusaders and the orthodox Bulgarians during the crusades.

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Осигурени лица по българското осигурително законодателство

Осигурени лица по българското осигурително законодателство

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The overview covers social security legislation development up to the year 2000. This article summarizes key points and highlights of the developments on the definition of protected persons, during the time from the establishment of the first laws in Bulgaria to the approval of the Social Code in 2000.

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Исторически преглед на наказателноправния режим на непълнолетните

Исторически преглед на наказателноправния режим на непълнолетните

Author(s): Krasimira Ipokratova / Language(s): Bulgarian Publication Year: 0

The article examines the criminal law regime of minors for the period from the establishment of the Bulgarian state in 681 to 1989. For this purpose, the paper is divided into seven historical periods of the Bulgarian state and law, in which the establishment and development of the special criminal law regime of minors is studied. An attempt has been made to examine all known legal monuments and laws from the respective eras related to this legal institution of criminal law.

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Inheritance Rights of the Surviving Spouse. Study of Comparative Law

Inheritance Rights of the Surviving Spouse. Study of Comparative Law

Author(s): Cristina Ramona Duță / Language(s): English Publication Year: 0

With a legal situation that placed the surviving husband towards the end of the list of those called to his de cuius inheritance - only the state was found after him in the order of successors, the regulation of his succession rights betrayed, over time, a nonprivileged position. Under the empire of the Civil Codes, the one from 1864 and then the one from 2009, the surviving spouse acquires a well-deserved place among the successors, coming into the contest alongside each class of heirs. The paper aims to analyze the succession rights of the surviving spouse in the different succession systems, the one of Romano-Germanic tradition in the family of which our succession right is a part, the common-law system present in Great Britain and the mixed one of the province of Quebec.

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O prawie i jego interpretacyjnych artefaktach

O prawie i jego interpretacyjnych artefaktach

Author(s): Ewa Łętowska / Language(s): Polish Publication Year: 0

© Copyright by Uniwersytet Jagielloński –Wydawnictwo Uniwersytetu Jagiellońskiego

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Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN / Language(s): English Publication Year: 0

The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.

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Značaj XIX veka za razvoj međunarodnog prava

Značaj XIX veka za razvoj međunarodnog prava

Author(s): Boris Krivokapić / Language(s): Serbian Publication Year: 0

After briefly indicating its place in various periodizations of history and the most important general characteristics of the XIX century in the introductory remarks, the article moves on to the general development of international law in that period and the role and importance of the most important international congresses and conferences of that time. The next part of the work, which is dedicated to special problems, deals with characteristic novelties and other important moments related to diplomatic law, peaceful settlement of international disputes, the first international peace missions, freedom of navigation on international rivers, multilateral agreements on cooperation and unification of rules in certain areas, the first international organizations, vassals states and protectorates, position of the Pope (Holy See), international legal status of certain areas, cession and lease of some territories, position of people (prohibition of slave trade, protection of minorities, protection of workers), war and humanitarian law, etc. After all that, a brief overview of the jurisprudence of that time was given. In the final considerations, the author states that in the XIX c. international law experienced an unprecedented upsurge in various ways, and that it was then that the foundations were laid by all the sudden changes that took place after the First World War.

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Relation Between the Mileševa Transcript and the Morača Transcript of the Nomocanon of Saint Sava

Relation Between the Mileševa Transcript and the Morača Transcript of the Nomocanon of Saint Sava

Author(s): Stanka Stjepanović,Simeon Petković,Mihailo Damjanović / Language(s): English Publication Year: 0

The Mileševa transcript of the Nomocanon of Saint Sava originated in the XVI century in the Principality of Wallachia and is kept in the National library in Bucharest. This transcript bears witness that the aforementioned Principality and also the Church were being governed by this Nomocanon which was a transcript of the older Mileševa transcript. The Morača transcript of the Nomocanon of Saint Sava is considered to be the most complete and was transcribed in the Morača monastery in 1613, using the Teophile transcription from 1252. Both are written on parchment. The authors analyze the relation between these two transcripts after directly inspecting them and comparing them with analyses of said transcripts, which were conducted in the middle of the XIX and XX centuries by leading researchers of these transcripts, archimandrite N. Dučić and Sergije Viktorovič Troicki. The authors also illustrate this paper by displaying parts of the mentioned transcripts and showing to the wider academic and professional audience their unpublished parts.

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Some Aspects of the Formation and Content of Medieval Statutes - Legal Gaps and Legal Fullness

Some Aspects of the Formation and Content of Medieval Statutes - Legal Gaps and Legal Fullness

Author(s): Željko Bartulović,Ines Matić Matešković / Language(s): English Publication Year: 0

This paper examines certain aspects of the formation and content of medieval statutes, offering a deeper insight into the mechanisms for filling legal gaps. Given that Roman law is one of the most influential legal systems in history, whose legal principles have had a lasting impact on modern legal systems, the first part of the paper provides a critical review of the processes of legislative creation and ways of addressing legal gaps in Roman law, highlighting their innovativeness and flexibility. In the second part of the paper, the authors address the issue of legislative formation in the Middle Ages using the example of the Vinodol Statute, in which the term "lex" refers to written custom, but the enactment of a new law is also referred to as a "new custom" (according to the Krk/Vrbnik Statute). Consequently, in neighboring sources (Kastav, Veprinac, and Mošćenice), the term "lex" is encountered. Such written custom does not fully regulate all legal relationships, and therefore, sources of law included unwritten customs, as well as free interpretation and regulation of specific legal situations, albeit with certain limitations to maintain the legal certainty of the addressees. Contractual or negotiated methods for enacting laws to resolve interpersonal relationships are even recognized in land registers, which are typically considered to be imposed by the will of the feudal lord. Additionally, special attention is given to the issues of enacting the Rijeka Statute and the reception of Roman law as a means of addressing legal gaps, which is also observed in the Mošćenice Statute. This confirms how the influence and methodology of Roman solutions have remained an inspiration for contemporary legal systems and underscores the importance of legal adaptability to address changing societal needs.

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"Viam muniunto": Sull'onere di mantenimento del terreno d'uso comune a carico dei proprietari contigui: dalle XII tavole  a una novella del codice edile russo e alle legislazioni regionali in Russia

"Viam muniunto": Sull'onere di mantenimento del terreno d'uso comune a carico dei proprietari contigui: dalle XII tavole a una novella del codice edile russo e alle legislazioni regionali in Russia

Author(s): Daniil Tuzov / Language(s): Italian Publication Year: 0

È ben noto, sia al diritto romano sia agli ordinamenti odierni, il principio secondo cui il proprietario ha l’onere di mantenere i propri beni. Sennonché già le XII Tavole conoscevano una norma che accollava l’obbligo di mantenere le strade rurali pubbliche sui proprietari dei terreni contigui. Eventuali deroghe al suddetto principio sono ammesse anche dal Codice civile russo che ne prevede la possibilità per legge o per contratto. Avvalendosene, molteplici leggi regionali e regolamenti di urbanizzazione comunali mettono non di rado a carico di proprietari privati degli immobili contigui a terreni d’uso comune l’onere di mantenimento di quest’ultimi. Tuttavia, fino a poco tempo fa la Corte Suprema della Federazione Russa seguiva rigorosamente il principio basilare, e appoggiandosi anche alla norma costituzionale sull’esclusiva competenza federale nella legislazione civile, disconosceva ogni validità e il valore giuridico alle dette normative regionali e comunali. La situazione è cambiata però a partire dal 2018, con l’entrata in vigore delle modifiche del Codice edile russo, che hanno previsto l’onere in esame su livello federale. Nell’articolo si discute la fondatezza e l’opportunità di tali modifiche e la recente giurisprudenza che sta consolidandosi in base alle stesse. Si arriva alla conclusione che esse violano palesemente tre fondamentali principi costituzionali e gli dovrebbe perciò disconoscersi la legittimità.

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Legal Culture of the Third Reich

Legal Culture of the Third Reich

Author(s): Evgenii Aleksandrovitch Palamarchuk / Language(s): English Publication Year: 0

The purpose of the study is to analyze the essential transformation that the phenomenon of legal culture underwent in Germany during the Nazi dictatorship. The author based the article on an interdisciplinary approach, theoretically guided by the theory of totalitarianism, which retains significant potential when addressing Nazi issues. This research is based on the basic principle of historical knowledge: histroricism; objectivity; scientific, and systematic principles. The principle of system analysis played a crucial role in revealing the problem, enabling the identification of its essential aspects. The work employed problem-solving, historical-systematic, and concrete-historical methods. As Nazi rule took hold, a constitutional legal consciousness emerged, leading to the sacrifice of constitutional principles for the regime's political objectives. The deformation of the professional legal culture had extremely negative consequences. It was based on the legal nihilism of civil servants, purposefully implanted among them by the authorities. In the Fuhrer state, Hitler was the main arbiter in all spheres of public and state life. The historical will of the Fuhrer was officially interpreted as an exclusive source of law. The investigation led to the following conclusions: The legal culture of German society in the years in question was characterized by an extreme degree of deformation. Legal nihilism was elevated to the rank of basic values by Nazi leaders. The independence of the judiciary was eliminated. The principles of rule of law and justice have evolved into a tool to meet the regime's political needs.

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