A társaságok és a társasági jog előzményei a római jogban

Author(s): György Schadl / Language(s): Hungarian Issue: 2/2013

The study analyses the antecedents of companies and company law in Roman law. After outlining the economic bases, it surveys types of legal persons, the issues of the terms and foundation thereof. After that, it deals with collegium and societas, dwelling on the evolution of societas, its most important characteristics, types, the internal legal relation between members within the company, external legal relations of societas, termination of the company, the theories concerning societas publicanorum and the legal entity of societas.

A tiszazugi arzénes asszonyok és a pereikben hozott halálos ítéletek a Kúria előtt

Author(s): Árpád Varga / Language(s): Hungarian Issue: 1/2021

The arsenic poisonings of Tiszazug were committed in Hungary at the beginning of the 20th century. They cannot be considered unique despite the fact that they have many specialities. The forensic speciality of this homicide series is that crimes against human life in this area occurred in a significant number for almost two decades in small communities. The vast majority of the victims were close relatives of the perpetrators. Another peculiarity is that the victims were typically men, and the vast majority of perpetrators were women.The III. Council of the Hungarian Royal Court led by Ferenc Finkey had to make a final decision in 12 arsenic criminal suits and sentenced five women to death from Tiszazug.

A venit timpul pentru o știință a dreptului și o cultură juridică românești !

Author(s): Mircea Dutu / Language(s): Romanian Issue: 1/2019

Marking a major historical event, such as the Centenary of the Great Union (1918- 2018), imposed as well an analysis of the evolution of ideas and cultural practices in the field of law, including the perspective of creating and affirming a new science of law and a new Romanian national juridical cultural, an evaluation of the present situation and perspectives for the future. This has allowed the revealing of the evolutions of the said problematics and contouring the historical steps of its development: the interwar period, of completing the formation process of a science of law and proper juridical culture, the period of “socialist law” (1948-1989), of deviation and creative failure, and, finally, the present period, post-1990, of searching, initiating and affirming the creative elements of a new juridical development, West-facing and reprising the Euro-Atlantic tradition. Even though there have been 30 years since the legal and political relaunch of the country, the neglect of the creative and identity-focused aspects, doubled by the persistence of an technicist and imperative approach on the legal phenomenon had led to reaching the pinnacle of acceptability, beyond which there is the risk of losing any capacity for original contribution and promoting a proper juridical identity. To avoid collapse, the author of the manifest considers that it’s time to imperatively raise the issue of initiating and concentrating the approaches to constitute and affirm a new science of law and Romanian legal culture, one to assure the continuity and reevaluation of traditions, a better valorization of the present, and insuring a future evolution determined by creativity, originality, and identity.As a preliminary title, formally and as an emergency, they propose: (1) rethinking the development framework, promoting an integrated approach and establishing prioritary common themes of scientific research in the field of law; reaching a balance between fundamental and applied research, the national and European/international dimensions, as well as interdisciplinary/specialized; elaboration of a general strategy in the field and summoning, in this purpose, a national reunion (Étatsgeneraux…) of all the involved and interested actors, in order to debate, identify and promote the necessary leads for attaining such objectives; (2) reforming the manner of teaching and learning law, promoting its science and practice, forming a field that creates the specialists necessary to the scientific and cultural progress, and professional advancement; overcoming institutional and academic immobilism, the impediments of massification and hyper-specialization; valuing the multiple recent experiences – such as: transsystemic education, selective branches, legal clinics – and an adequate integration of higher education, scientific research and professional practices (cultures) related to the field. Fundamentally and related to the contents of the problem: (1) founding them on the tradition of Roman origins and on the neo-Latinity of the modernity of the components of the Romanian juridical civilization; on a Roman law seen as “intimately and completely enclosed in the historical and rational structure of modern law”, one that is and remains “culture and history, and not even the modern (or post- modern – M.D.) has found the miraculous formula that would allow them to escape from history and culture (Valentin Al. Georgescu); (2) the priority of (re)founding, as much as possible, a Romanian juridical identity, centered around tradition, continuity, and historical and cultural exceptionality, having as principal vehicle constitutional identity, as a form of manifesting unity through diversity; (3) promoting original scientific and cultural creation, with major echoes in the advancement of juridical national and universal knowledge and progress; regaining the interwar prestige and consolidating the Romanian creative contribution; (4) conceptualizing and promoting juridical development as an inseparable part and essential dimension of the development of Romania, and promoting it by pertinent strategies; assuming and manifesting neo-Latin juridical solidarity amongst the family of Roman-German continental tradition and accepting globalization through hybridization, cohabitation and continual dialogue of the traditions and specific identity values; (6) refusal of a global law and accepting a globalization of law as sum and synthesis, and not as a unilaterally imposed whole; (7) reconsidering the “constants of law” from the perspective of a natural law understood in the logic of the philosophia perennis of law, rejected not only by the socialist ideology, but also by the “bourgeoise” legal theory (the “juridical permanences” of Mircea Djuvara) and refounding the science of law in this spirit.

Aaron Aleksander Olizarowski profesorem prawa Akademii Wileńskiej

Author(s): Piotr Niczyporuk / Language(s): Polish Issue: 2/2015

The professors of law at the Faculty of Law of the University of Vilnius were: Simon Dilger, John George Schauer and Aaron Alexander Olizarowski. On the other hand it raises doubts whether, in accordance with the act of foundation, only one chair of civil law (Roman) were established. Undoubtedly, canon law was taught at the two cathedrals. With high probability, Aaron Alexander Olizarowski also taught canon law. However, all indications are that he could take second chair in civil law (Roman) and lectures on this discipline. It is true that Aaron Alexander Olizarowski also promoted a few doctors of canon law, but in this period Vilnius Academy were other specialists who are likely to teach canon law. In addition, he was a layman, which could also be an obstacle to entrust lectures in canon law. In addition, CV, publications and complete education Olizarowski’s indicate that undoubtedly took a second chair in civil law (Roman) and lectured in this discipline. Having a doctorate both laws was adequate preparation to teach this course. Thus, Alexander Olizarowski, educated abroad, was the only lawyer and the right candidate for the role of professor of civil law (Roman) at the University of Vilnius.

Abortų problema Lietuvoje 1919–1940 metais: tarp teisės ir moralės

Author(s): Miglė Mataitytė / Language(s): Lithuanian Issue: 17/2019

The main aim of this article is to show the problem of abortions in Lithuania in 1919–1940. To begin with, it is important to mention that abortion caused by natural circumstances is not important in the context of this research. This means that attention in this article is given mostly to the legal regulations of abortion, to motives why abortions were made in the first place and also how they were made. During the research author points out and shows different public opinions on abortion in Lithuania in 1919–1940. Until 1935 all abortions in Lithuania were illegal. But in 1935 new law was adopted which stated that abortion was legal only on two conditions – then women’s life was in danger and then pregnancy was the result of crime. This change of opinion on abortions suggests that society was improving but as the research showed it was not enough. The most common motives for induced abortion were: harsh economic situation, negative attitude of the society on unmarried pregnant women or personal decision not to have children. These differences of view, misunderstanding between the Law and everyday life of the people led to situation where abortions were made in very toxic environments by using harmful tools and measures. Moreover, this situation was the main cause of serious illnesses or even death of the pregnant. Also, society viewed abortions as great moral felony. However, it is hard to deny that there was an understanding between some that the Law itself is incapable of solving this induced abortion problem.

ABOUT THE MANDELA RULES OF THE UNITED NATIONS (A/RES 70/175) AND THE ORIGIN OF ITS PRINCIPLES IN THE ROMANISTIC PERSPECTIVE

Author(s): Jose Luis Zamora Manzano / Language(s): Bulgarian Issue: 2/2018

The Standard Minimum Rules for the Treatment of Prisoners constitute the universally recognized minimum standards for the management of prisons and the treatment of persons deprived of their liberty and have had immense value and influence in the development of prison laws, policies and practices In Member States around the world, in 2015 it was promulgated under the name Mandela Rules. In this study, we will analyze how some of its principles are already beginning to be glimpsed in Roman law in relation to improvement of the conditions of the confinement´s place.

ABOUT THE THEORY OF NATURAL RIGHTS, CULTURE AND THE FIRST ROMANIAN CODES

Author(s): Rîpeanu Andreea / Language(s): English Issue: 1/2018

An important contribution to the development of juridical science was that of thepatriotic lord and great scribe Dimitrie Cantemir, representative cultural personality of hisera who, by his wide and multilateral activity, as well as by these advanced, laic andhumanistic ideas, was one of the most important European science people. Referring to hisworks that include as well researches in the field of juridical sciences, we should outline thesignification of his contribution by knowing the history of Romanian law, the scientific valueof his theories and the manner of presenting it. Partisan of the ideas of the school of equity,supporter of the state of law, where the lord himself is subject to laws and justice, for thesake of the people, protector of law and justice towards the people and predecessor ofilluminism, Dimitrie Cantemir considered necessary the evolution of people by culture, witha view to provide the social evolution and preparation of the conditions for the achievementof reforms with a view to improve the situation of peasants.

ABOUT THE VALUE AND DURATION OF LIFE IN THE “VICIOUS CIRCLE” DISPOSITION OF THE OWNER OR THE STATE

Author(s): Dragana Petrović / Language(s): English Issue: 2/2019

In no other form of life, but human life, time plays major role. Human life is not just present time, it is the “touching point” between the past and the future, the epicenter of the unbearable contradiction between life and death. For all of us time is primary factor since future offers the possibilities of living a quality life, opens new horizons for the realization of our motivations, expectations and achieving of human freedom. Discussions on this topic are older than life itself, which is a passing phenomenon, while the deliberation on euthanasia is a constant. Therefore, the opinions on this issue can be temporary and inadequate, satisfactory and definite – constantly being upgraded with new stands and changes and critics of the old ones. The history of this issue is full of speculations, scrutiny, unproven and disputable statements. This is so much true about euthanasia since this phenomenon is complex, extremely plural in its form, with “many faces” of merciful ending of life of a dying patient and with many possibilities for the abuse. In this paper the author under lines that to attempt to explain this phenomenon actually means to shed light on both moments, that is its both sides and make conclusions on the basis of these findings. This is even more important in this moment of the civilization’s growth glorifying individual freedoms, but at the same time facing moral alienation as its recognizable trait. Thus, unveiling all the aspects of this human drama becomes a prerequisite by itself.

Abrenuncjacja od substancji rodzicielskiej w świetle akt grodzkich przemyskich z lat 1651–1657

Author(s): Marcin Głuszak / Language(s): Polish Issue: 1/2019

The act of abrenunciation (renunciation) was a commonly practiced legal action before the Polish courts for nobles, conducted by a woman upon contracting marriage, or entering a convent. It consisted of acknowledgment receipt of a dowry by the husband or convent, and of the woman’s renunciation of any further rights to the family estate. The statement, according to the chancellery standards, was to be presented orally for the record in the court for nobles. The legal effect of abrenunciation was the surrender of any and all further claims to the inheritance against the current owners of the family estate.

Abrogation of legal effects of usurpations in the late Roman Empire

Author(s): Jędrzej M. Kondek / Language(s): English Issue: 1/2012

Usurpations were not unusual situations in Ancient Rome. However, the term “tyrranus” was understood differently from its modern meaning. This word technically means “someone who came to power unlawfully”, but in fact a person defeated by a new ruler was called an usurper, regardless of a way he had come to power. In such a way, e.g. Licinius was declared “tyrranus” although he had come to power as a legal augustus. Constitutions against usurpers in the The odosian Code do not constitute a homogenous group. We could divide them into acts regarding an usurper’s legislation, acts regarding civil law actions (e.g. slave emancipations), acts regarding public law actions (e.g. nominations of magistrates) and acts regarding the emperor’s sentences. It is meaningful that there is no usurper against whom all the above-mentioned types of constitutions were promulgated. Civil law acts and sentences were generally upheld. In most cases, legislation was abolished only to the extent in which it was contraius. Only Constantinus against Licinius (CTh. XV, 14, 1) and Honorius and Theodosius II against Heraclianus (CTh. XV, 14, 13) decided to abrogate the entire the legal output of the usurpation. Valenitianus II, Theodosius II and Honorius were the only emperors (except CTh XV, 14, 13) who abrogated all sentences of the usurpers. In almost all cases, nominations made by the usurper were annulled. However, while all usurpations (except Licinius’s usurpation) had taken place only in its Western Part, it should be noticed that all the analyzed constitutions were promulgated by all simultaneous rulers of the Empire even after 395 AD. The question is why Theodosian compilers decided to include the analyzed constitutions into the Code. In my opinion, the most probable answer is that the Chapter De infirmandis... should have served for the legitimation of the rules of the current Emperor, as until the end of the Empire there were no rules of succession of power. In all analyzed constitutions, the legal emperor referred to an output of the illegal ruler. Theodosius, evoking those constitutions and demonstrating his continuity with their authors, presented himself as the legal ruler and put all his opponents in the position of usurpers.

ACLU – American Civil Liberties Union

Author(s): Jovan Ćirić / Language(s): Serbian Publication Year: 0

Talking about those cases, Ćirić has tried to bring closer the American legal system in general, especially when the word is about the liberalism as the main characterstic of the whole American law.

Acolo unde îngerii ezită să pătrundă

Author(s): / Language(s): Romanian Issue: 4/2020

Actele de autodeterminare ale provinciilor româneşti reunificate, fundament juridico-politic al Marii Uniri

Author(s): Ion Guceac / Language(s): Romanian Issue: 1/2019

The acts of unification with the “Old Kingdom” of Romania of 1918: March 27th/April 9th – the Declaration of the National Council of Kishinev; November 15th/28th – the Decision of the National Council of Bukovina in Chernivtsi; and November 18th/December 1st – the Resolution of the National Assembly of Alba Iulia, stand as acts of freely consented self- determination, based on the principle of nationalities, expressing the solid will of the populations of the said territories. They have expressed ineluctable historical evolutions, have repaired illegitimate and illegal relations (such as the annexation of Bukovina in 1775, or of Bessarabia, in 1812) and have been translated, in the context of the great European empires (Austro-Hungarian and Russian) as the will of unification to the Motherland and the completion of the process of creation of the national, unitary, Romanian state. The said acts of self-determination have been recognized internationally through the peace treatises of 1919-1920, following the Paris Peace Conference.

ACTIO AQUAE PLUVIAE ARCENDAE NON IN REM, SED PERSONALIS EST

Author(s): Francesca Pulitano / Language(s): Bulgarian Issue: 2/2015

The article analyses the sentence actio aquae pluviae arcendae non in rem sed personalis est contained in a text by Ulpian belonging to 39.3 of the Digest. The wording, for which the essay evaluates also the interpolation doubts, is analyzed under two points of view: the one referring to real cases, with a focus to real situations described by the jurist and the palingenetic one, useful to better understand the logic steps leading to the definition of the personal characteristic of the action. The essay then moves on to a quick overview on the so called obligation propter rem in the context of the present Italian law. The essay terminates with a further reference to the past, that is the reconstruction by Pothier, in equilibrium between the principes of [personalità] and [ambulatorietà] of the action. Finally the essay confirms the idea according to which the concepts belonging to the legal disciplines can not always be valid regardless of times and places.

Actio de in rem verso. An Unwanted Continuity. The Doctrine of versio in rem in the Austrian Civil Code and Interwar Legal Discussion in Czechoslovakia

Author(s): Petr Dostalík / Language(s): English Issue: 2/2022

This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem in the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of § 1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.

Actio Pauliana w polskim prawie cywilnym na tle dorobku XIX-wiecznej nauki prawa

Author(s): Anna Fermus-Bobowiec / Language(s): Polish Issue: 1/2013

The present paper addresses the issue of Actio Pauliana and its juridical solution in Polish civil law in the 20th century which was based on the achievements of 19th-century legal science. Considerations about the presented institution include Roman law, civil law which was in force during the partitions of Poland (the Napoleon’s Code, of Laws of the Russian Empire – volume 10, German enactment from 1879, and Austrian legislation from 1914) and then obligations code and current civil code. It has enabled to show that contemporary juridical construction of Actio Pauliana in current civil law is only a continuation of 19th- century solutions based on Roman law.

Actio popularis като инструмент за защита на общите интреси в Древния Рим и неговата проекция в съвременното право

Author(s): Antonio Fernandes de Buhan y Fernandes / Language(s): Bulgarian Issue: 3/2018

In modern Spanish reality there is a doctrinal and political controversy on the appropriateness to reform the legal regime of collective action and to take action define more clearly its object and purpose.

ACTIO PRO SOCIO И ACTIO DE COMMUNI DIVIDUNDO В РИМСКОТО И В СЪВРЕМЕННОТО ПРАВО

Author(s): Goce Naumovski / Language(s): Bulgarian Issue: 1/2016

The subject of trade relations governed by Roman law is related to the partnership (societas), which bring together roman citizens for carrying out commercial activities, often with the use of the considerable capital and merging multiple parties to achieve certain commercial purpose. Some procedural issues are treated in connection with this subject and they are in the focus of this article.

ACTIO REDHIBITORIA ȘI INFLUENȚA ACESTEIA ASUPRA DREPTULUI ROMÂNESC

Author(s): Dan Oancea,Sorin - Alexandru Vernea,Vlad-Victor Ochea / Language(s): Romanian Issue: 4/2020

By this paper, the authors aim to point out the essential elements that configure actio redhibitoria under Roman Law to relate them to the provisions of modern Romanian Law.To this end, the relevant provisions from The Digests of Emperor Justinian are analyzed, alongside the provisions of the most important Laws of the Second Phase of the Turkish-Fanariot Regime, namely the Calimach Code (1817) and the Caragea Law (1818). Likewise, the provisions of the Civil Codes, from 1864 and 2009, are briefly pointed out, followed by final considerations regarding the influence of actio redhibitoria on current Romanian Law.

ACTIONES ADIECTICIAE QUALITATIS: MASTER'S LIABILITY BASED ON PRAEPOSITIO AND IUSSUM

Author(s): Mirjana Miškić / Language(s): English Issue: 2/2017

Master is liablefor obligations arising from legal affairs concluded by slaves,personsalieniiuris and even free persons. Master's liability depends on the legal and family status of master and entrepreneur of legal affairs. Is entrepreneur personally liable to the third party and if he is,how and to what extent? What is the extent of master's liability?The main objective of this paper is to determine the extent of master's liability among three actions, actioexercitoria, actioinstitoria, actio quod iussuand possible effects of direct agency against the third party.The author will examine the existence of elements of direct agency based on relationship between parties (for example exercitor and magister navis, exercitor and the third party and magister navis and the third party.