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This publication deals with the etymology of the word "State" in the Bulgarian legal terminology, because the previous studies do not provide a satisfactory answer. Its origin is associated with the verb "hold", which was originally used to denote certain substantive law relations in the Middle Ages. At the time, it underwent a complicated transformation, a result of which the term "State" received its present abstract matter.
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The author deals with a problem of actions based on description of factual situation. It was a specific procedural institute of the Roman law, by which might a praetor admit a protection to parties also in situations, when there was a lack of formal procedurals means of civil actions. He did so with the aim of protection of justice or bona fides party. The practical outcome of this intervention was mitigation of written law shortcomings and increasing of legitimacy of whole legal system.
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Un fapt de mică importanţă în aparenţă, dar care mi se pare destul de semnificativ. Mă aflam din întâmplare într-un târguşor reşedinţă de judecătorie. Meditând la unele probleme de drept civil, simţii necesitatea să revăd doctrina franceză. Cum era natural, mă adresez judecătorului din localitate, rugându-l să-mi dea volumul din Planiol, de care aveam nevoie. La răspunsul său că tocmai acela îi lipsea din bibliotecă, îi cer volumul din Colin şi Capitant.
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Sărbătoare la Curtea de Apel Constanţa: 26 mai 1914 - 26 mai 2014 La 100 de ani de la înfiinţare şi după 56 ani de funcţionare efectivă (26 mai 1914 – 1 iulie 1950 şi 1 septembrie 1993 - 26 mai 2014), se cuvine, a omagia istoria şi prestigiul acestei Curţi, precum şi activitatea sa după reînfiinţarea la 1 iulie 1993. Sunt, totodată, onorat să public în revista mea această superbă pagină publicată în 1934 în „Pandectele Săptămânale”, dedicată Curţii de Apel, la 20 de ani de la înfiinţare.
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Doamne! Eu sunt unica fiinţă pe lume căreia Tu i-ai dat o părticică din atotputernicia Ta; putere de a condamna sau a achita pe semenii mei. În faţa mea persoanele se înclină; la cuvântul meu ele aleargă; la vorbele mele ele ascultă; poruncilor mele ele se supun; la sfaturile mele ele se împacă, se despart sau îşi părăsesc bunurile lor. La semnul meu uşile închisorilor se închid, în urma condamnatului, sau de deschid, pentru libertate.
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The scientific article is devoted to the discovery and analysis of the historical preconditions for the occurrence and formation of the Czech School of Sociology of Law. It explores basic sociological and legal theories and conceptions of T. Masaryk, E. Khalupny, I.A. Blahy , V. Kubesh and others, works of which have historical and legal significance for the development of the sociology of law as a science and the establishment of its independent status.
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This article is concerned with Bulgarian non-profit associations and charitable trusts’ establishment and status from 1879 when Bulgaria emerged on the map as an autonomous state until 1989 when the way was paved for the application of democratic rule. At first the approach of those associations and trusts was quite liberal and in step with ancestral tradition. This also meant that non-profit associations were free from state intervention; moreover, the legal order made no difference between charitable trusts and funds. The first imposition and adoption of full regulation in agreement with the liberal approach took place in 1933. However, the process of legal establishment and its functioning went together with the interference of some special laws introducing requirements for state permission. The political transformation of 1944 destabilized the existing system seriously; many non-profit associations closed down, so did charitable trusts since they became incompatible with the socialist order. The 1947 Constitution and the Law on persons and family (1949) opened the door to ideology to interfere in legal regulation. The 1971 Constitution in its turn changed the entire philosophy behind the legal foundation for non-profit associations. Instead, the new document required close coordination between their functioning and state policy. By 1989 the imposed model had proven its inadequacy alongside the pressing need for a complete change in legislation.
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In his article, the author deals with the personality of Hugo Grotius (1583–1645), important legal thinker of the early modern period, who is appreciated primarily as the creator of rationalist natural law theory. Less known about him is, however, that he was also a deeply believing Christian who devoted part of his life’s work to religious issues and the relationship 11 WOLF, Erik, Groβe Rechtsdenker, s. 294–298. 66 Radim Seltenreich between the state and the Church. In this context, the first part of the text focuses on his life, which was significantly influenced by political and even religious conflicts in his native Netherlands resulting in life imprisonment sentence for Grotius. After his escape, he completed his most important life work, in which he deals with natural and international law in the context of his treatise on the law of war. At the very end of the article, the author focuses on religious writings by Grotius (as well as his views on the relationship between the state and the Church), in which he sought – even during the difficult conflict of the Thirty Years’ War – faith tolerance and the restoration of Christian unity.
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As an adept of complementarity, even to the point of confusion, between the rules of political activity and the ideas of the scientific activities, Nicolae Titulescu developed a juridical thinking associated to the major European trends of his age, that unfortunately remained relatively singular in Romania. The conceptual and theoretical premise is that when the order of a certain society is undermined by the conflict between adverse ideologies, its normative cohesion depends on the effort of the jurists, as they are summoned before all to restore the order in their own way of thinking. Situated in the avant-garde of the great French “anxious jurists” of the turn of the century, Nicolae Titulescu promoted in the pre-great war Romanian legal doctrine of civil law the directions of thought of law as science and technique of the social order itself. As it was to be expected, for political reasons, the reception of Titulescu’s idea in the post-second world war Romania could not cover the two directions, as the unavoidable ideological compromise of the science of law led to a new (descriptive) exegesis to the detriment of the (constructive) legal technique. Nowadays, the order invoked by could and should be established both to the dominating fashionable ideologies and to the easier path of the so-called formalist legal technicism, incompatible with Titulescu’s “creative ideal”.
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"George Bacovia" University from Bacău marks, this fall, 2022, 30 years since its foundation, being among the first higher education institutions established in a private regime, after 1990. During all this time, the University has gone through an extensive process of development and maturation, managing to align with the increasingly rigorous requirements to which this type of education was subjected, scrupulously fulfilling the legal provisions and the instructions of the authorities under whose monitoring it is.
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By awarding the "George Antoniu" Prize of the "Acta Universitatis George Bacovia.Juridica" Magazine, we have the pleasant opportunity to recognize the outstanding professional contributions in the legal field in which Professor VALENTINSTELIAN BĂDESCU PhD works, as well as the special contributions of his reign to strengthening the prestige of the "Acta Universitatis George Bacovia. Juridica" Magazine.
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The awarding of the "George Antoniu" Award of the "Acta Universitatis George Bacovia. Juridica" Magazine gives us the pleasant opportunity to recognize the academic personality, the scientific reputation and prestige, the professionalism and the moral character of a humane and professional model of the academic community, university professor doctor GHEORGHE DURAC.
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‘The Great Law of Peace’, also known as ‘The Constitution’ of the multitudinous League of the Iroquois Indian tribes in North America, regulates the relationships among the tribes within the League and establishes their internal and external policy on the basis of the Iroquois customary law. It is through retelling the original Indian legend and analysing the historical truth behind it that an examination is carried out of how lawfulness and peace in the socium are raised as the supreme ideal of human communities even in scriptless cultures – even where these are bellicose tribes and unions of tribes which show aggressiveness to their neighbours.
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The festive calendar is a reflection of the understandings, values and history of a people and country, a sign to the next generations about the difficulties and victories of the past, an example of what they should value, what they should not forget and what they should learn from. Until the establishment of the Third Bulgarian State, the holiday calendar of the Bulgarian society consisted primarily of religious and traditional holidays, which were preserved as a main component of the holiday calendar even after the Liberation. To them are added holidays related to the monarchical institution, as well as important historical events for the Bulgarian people. Generally, public holidays are the designated important dates and non-working days in our annual national calendar, and the national holiday should be the most important day among them. Such an occasion is undoubtedly the adoption of the first democratic Bulgarian Constitution on April 16, 1879, which should not just be a day in Bulgarian history, but a national holiday of the Bulgarian state. If we respect the Bulgarian institutions, statehood and independence, we must give due importance and respect to this date.
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Many of the drafts and notes of Ernő Szücs Tárkány are in manuscript, and they can offer valuable clues for European legal ethnography. One of them is a manuscript by Tárkány Szücs, both in Hungarian and English, in the Archives of the Institute of Ethnology of the Research Centre for the Humanities, dated 1982 and titled Administering Justice — without State Courts, which has been awaiting publication for forty years. This study is an important milestone, as it demonstrates, based on a broad international perspective, that even in a field that was monopolized by the state very early on, such as administering justice, legal customs have survived to a great extent; and that legal ethnographic approaches make it possible to arrive at valid conclusions of practical importance through an expert comparison of legal phenomena that are distinct in time and space but have common characteristics. The English-language version of the study is being published verbatim (first publication).
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Ernő Tárkány Szücs was a prominent figure in Hungarian social ethnography between 1944 and 1984. His involvement in the movement for collecting legal folk customs began as a university student in 1941. Among his professors and mentors, he was particularly influenced by György Bónis, Károly Viski, and József Venczel. His first large-scale study, published in 1944, was a presentation of legal folklore from the village of Mártély. At the same time, he investigated the folk laws related to sheep farming and the legal customs with respect to inheritance in the Hungarian villages in Transylvania. He published two substantial volumes containing the wills of peasant citizens of Hódmezővásárhely written between 1730 and 1796, and later the testaments of serf farmers from the town of Makó. He published a data collection containing around 10,000 ownership certificates and an analytical study in German on the branding of horses and cattle, accompanied by illustrations. He carried out research on the legal customs associated with Hungarian mining in the 17th to 19th centuries and elaborated Hungary's draft mining law. His principal work — on Hungarian Legal Folk Customs — is a substantial, comprehensive, and incomparably rich corpus of legal ethnography and the history of law. His work also gained recognition abroad: he spoke at many international conferences and was elected as a member of several international organizations
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In 1967, Ernő Tárkány Szücs published his article summarizing the results and tasks of European legal ethnography in the columns of Ethnologica Europeana in Paris (under the title Results and Task of Legal Ethnology in Europe). With this, he revived an important tradition of Hungarian legal ethnography: Károly Tagányi published his summary of international research history in German in 1922 (Lebende Rechtsgewohnheiten und ihre Sammlung in Ungarn. Ungarische Bibliothek. Für das Ungarische Institut an der Universität Berlin. Erste Reihe. Vereinigung wissenschaftlicher Verleger. Berlin und Leipzig). At the time of the publication of Ernő Tárkány Szücs's article, he was working as a ministerial official, but in Hungarian academic life he took a backseat. At the same time, however, he was in constant contact with several European representatives of legal folklore. As soon as he had the opportunity, Tárkány Szücs opened up to international scholarship, and became not only an active participant but also a prime mover of the international discourse on legal folk custom research. His recognition was indicated by the fact that throughout Europe, not only his studies published in various world languages but also his papers exclusively in Hungarian were often cited. Although the science policy in his country was not able to integrate the specifically interdisciplinary scientific research of Ernő Tárkány Szücs, or only haltingly, his international recognition was unquestionable all along.
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