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Citing your sources exceeds the mere intellectual fair-play assumed in academia, being today both an ethical and legal duty. How do we cite all our sources, and, remaining in the fair-play field, why should we? We don’t intend to analyze only the differences in dealing with different terms: citing, quoting, and referencing. We intend to search for the principles and international standardized rules for referencing information resources. Our goal Is to extend their use in Romania, in the field of legal writing. This work must be done due to the heterogeny of sources used in the digital age.
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The article examines the development of regulatory protection of a creditor against a receivable of another competing creditor in the framework of enforcement proceedings as laid down in the first Bulgarian civil procedure laws adopted after the Liberation – the Law on Legal Civil Procedure of the year 1892 and the Law on Legal Civil Procedure of the year 1930. The repealed provisions are considered in comparison with the current ones, and particularly in comparison with the provision of Art. 464 of the Civil Procedure Code (CPC) (effective since 1 March 2008) regulating the creditor’s claim for challenging a receivable of another competing creditor. The said provision is subject to criticism regarding the terminology, and proposals de lege ferenda are formulated, the current judicial practice being taken into consideration and commented on. The author draws the conclusion that the achievements of legal science reflected in the old procedural laws should not be ignored and the wisdom of the legislator of the past should be one of the sources of proposals regarding legislative changes which, in future, must make creditor protection in enforcement proceedings more effective and, hence, jurisdiction as a whole will be more equitable.
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Ireneusz Jakubowski combined two passions in his professional life: law and music. He was passionate about Polish history, he read a lot and knew a lot. As a lawyer, he focused on the history of Roman law as well as on the views on the law and its doctrine in Poland. As a soloist, he sang the greatest tenor parts in world music literature on many stages both in Poland and abroad.
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Tadeusz Czacki was an outstanding activist and historian, who lived at the turn of the 18th century. He founded a famous secondary school in Krzemieniec, where teaching law (including Roman law) was an important part of education. Dr Ireneusz Jakubowski has published thirteen articles on Tadeusz Czacki and his perspective on the importance of Roman law in Polish legal history. The authors synthesised Ireneusz Jakubowski’s research on Tadeusz Czacki and his ideas about law, especially Roman law.
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This article refers to Ireneusz Jakubowski’s research, tracing the historical fate of Roman law in Poland, as well as the commencement of activities of the New Zamoyski Academy in 2021. The authors refer to the slogans claiming that the Academy continues the tradition of the first Polish private university founded in the 16th century by Jan Zamoyski.
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The article presents a survey of legislative acts issued by ancient Near Eastern rulers. The ancient oriental civilizations being devoid of any legal doctrine, no classification of those acts was ever compiled. The king was not bound by any formal requirements regarding a particular form of legislation and could choose to include norms of civil or criminal law in otherwise purely administrative acts, or, conversely, add administrative regulations to collections of civil and penal rules.
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Tadeusz Czacki was one of the key figures who participated in the great scholarly discussions about the history, sources of development, and the position of Roman law in old Polish law. The discussion initiated by Czacki and Jan Wincenty Bandtkie in the early years of the nineteenth century lasted for many decades. Its consequences are still present today in modern Polish legal history scholarship. Although Czacki was an author of several legal treatises, most of his pivotal concepts regarding the above-mentioned issues were presented by him in his opus magnum, i.e. O litewskich i polskich prawach, published for the very first time in 1800. Czacki is well known as a self-educated scholar who referred to numerous works, both Polish and foreign. However, the objective of this article is to analyse Czacki’s knowledge and the use of English sources. During the Enlightenment, some Polish intellectuals became fascinated by English culture, politics, and the legal system. The impact of English law, however, has never been analysed in the context of Czacki’s work. The purpose of this article is to fill that gap.
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In the 14th-century treatise Ars cantus mensurabilis mensurata per modos iuris, the principles of menstrual music are explained by references to ius commune. This article aims to trace their Roman roots and to show that music too is sometimes governed by Roman law.
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The article presents the issue of establishing a conditional (condicio) peace treaty (foedus) on the basis of the legend of the Horatii and Curiatii, as depicted by Livy or Dionysius of Halicarnassus, among others. The condition stipulated that the fate of the war would be decided by a combat between the representatives of the two sides, and the victor would take full military leadership over the defeated side’s army. The text also refers to the concept of the so-called monomachia, that is a single combat of the chosen warriors, which, according to the ancient tradition, might end the battle.
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In 1769, Austria had annexed by force the lands of the Polish starosty of Nowy Targ to Hungary, including the White Water Valley. In 1772 the Empress took back these territories from Hungary and attached them to Austria. The conflict over the Austro-Hungarian border in the Tatra Mountains, lasting throughout the nineteenth century, was settled in 1902 by an arbitration award. The Tribunal approved almost all of Austria’s demands, but at the same time it submitted to the stubborn demands of the Austrian defense attorney prof. Oswald Balzer, and decided to deprive Galicia of the right to regain the White Waters Valley, which had been forcibly seized by the Hungarians.
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In 1935, the 1400th anniversary of the promulgation of Justinian’s Codification was celebrated. As everywhere in Europe, in order to mark this occasion a ceremony was also held in Lviv. During the celebrations organized by the Lviv Branch of the Polish Philological Association, Leon Piniński, a professor of the University of Lviv, a former governor of Galicia and an art lover, gave a speech. In his subsequently published lecture entitled ‘On the 1400anniversary of Justinian’s codification’, the scholar not only referred to the anniversary, but also to the issues relating to the reality of his times. As this is one of the lesser-known works of the Lviv Romanist, it is worth examining his views in more detail.
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Aron Aleksander Olizarowski’s opus vitae: De politica hominum societate is partially dedicated to the peasants’ question in Poland in the 17th century. His views were noted in the 19th-century Polish scholarly literature. Aloisio Luigi Capelli must have known Olizarowski’s work, since he presented the views expressed therein at scholarly meetings at the Vilnius University in 1817. Tadeusz Czacki repeatedly mentioned De politica hominum societate in his work entitled O polskich i litewskich prawach [On Polish and Lithuanian laws] and he also cited this work. This fact confirms the importance of Olizarowski’s views on the peasants’ question. Among other scholars, Feliks Słotwiński, Piotr Chmielowski, and Joachim Lelewel also mentioned De politica hominum societate in order to demonstrate Olizarowski’s original views on reforming the serfdom.
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Referring to the seminar entitled “Doctrinal study of the Star Wars universe. Star Wars. Republic versus Empire” held a few years ago with the participation of the Department of Political and Legal Doctrines of the University of Lodz and students, the article considers the potential of using models drawn from late medieval universities in contemporary academic didactics. Particular attention was paid to disputes held with active participation of students, the themes of which could be indicated either by the master (disputatio ordinaria) or by anyone else (disputatio de quodlibet). The latter required from the master to demonstrate their comprehensiveness and authority.
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The article concerns a melange of artistic and political dependencies that were to help the Wagnerians to change the law in force. The story takes place at the turn of the 19th and 20th centuries in the German Reich. The law is personified by the change in the duration of copyright, art – by Richard Wagner’s Parsifal, and politics – by a group of intellectuals with strong nationalist views.
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Adam Mickiewicz is considered to be the most outstanding Polish Romantic poet, as well as one of the most excellent poets of Europe. Interestingly, Mickiewicz used in his works expert Latin legal terminology relating to the issues of social structure, political organization of the Roman state and Roman law. His knowledge on this subject came mainly from the works of ancient writers with which he became familiar while studying at the Vilnius University. Mickiewicz also read publications that dealt extensively with the history of ancient Rome by authors such as Edward Gibbon, Barthold Georg Niebuhr, Jules Michelet, and Joachim Lelewel.
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The article concerns the informal method of slave manumission, which was the manumissio inter amicos. Plautus’ comedies seem to be a poorly used source of knowledge about this institution. It follows from them that the owner of the slave expressed in an imperative form the desire for manumission, while the amici, or witnesses, confirmed their presence and readiness to certify manumission, saying that they were happy about the freedom received by the slave.
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In the first textbook on Roman law published in Polish language, The Principles of Roman Common Law [i.e. Civil Law] based on the Institutions of Justinian, containing also a brief excursus on the historical development of Roman legislation, Franciszek Maciejowski quoted several provisions of the Law of the Twelve Tables, without however providing their translation. Not all the provisions quoted by him came from Gothofredus’ Palingenesis, as declared by the author, but some of them originated from an earlier work constituting an attempt to systematise the work of Decemvirs, i.e. Oldendorp’s work, which passed unnoticed by Maciejowski.
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