ВИНСКЕ ПОСУДЕ (VASA VINARIA) У РИМСКОМ ПРАВУ

Author(s): Samir Aličić / Language(s): Serbian Issue: 1/2017

The notion of “wine vessels” in Roman law comprises all the wine containing recipients. There is no legal standardization of wine vessels by means of volume, and although the terms amphora, urna and culleus are used to designate both the vessels and the units of measure, these are two different meanings of the terms. In regard of the question, whether the vessels make appurtenance of the wine, jurisprudents of proculean school divided them in two categories. In the first category are those that follow legal status of wine, usually amphoras and other jars (cadi) which are used for “packaging”, i. e. “bottling” of the wine. The second category make mostly vats (cuppae) and ceramic cisterns (dolia), which don’t follow legal status of wine, making instead part of farming equipment of a landed property (instrumentum fundi) and it’s appurtenance. But, the roman jurists are not consistent regarding criteria for distinguishing these two categories.

Narodowosocjalistyczne ludobójstwo dokonane na polskiej inteligencji – przemyślenia i doświadczenia z dwudziestu lat badań

Author(s): Dieter Schenk / Language(s): Polish Issue: 105/2017

Kształtowanie się notariatu na ziemiach polskich od X do XVIII wieku. Zarys problematyki historycznej i prawnej

Author(s): Tomasz Chłopecki / Language(s): Polish Issue: 21/2017

The article presents the shaping of the notary institution and the position of a notary in the Polish territory from the 10th to the 18th century. The outline of the historical and legal issues presented in this article indicates the development of this institution in the period under discussion and its duality – development of church and private notaries. The solutions introduced in the notary institution in the Polish territory were also based on modern solutions from Italy, France or Germany, which undoubt-edly was one of the reasons for applying them after regaining Independence by Poland.

Zbornici fetvi na osmanskom jeziku: opšti pregled

Author(s): Irena D. Kolaj Ristanović / Language(s): Serbian Issue: 1/2018

Legal decision, as an answer to issues of believers muslims, in accordance with Sharia Law, in oral or written form, called fatwa, had a development process since the time of the Prophet Muhammad. Fatwa lasts even today, as a tool which Islam uses to adjust to the civilization changes, so it is used in solving daily problems of believers. This work intends to represent development of fatwa, its role in islamic society, with an overview of basic terms of religious law-Sharia Law, and issues of preservation of fatwas in Ottoman Turkish, as a movable cultural heritage.

Profesora Jana Bocia koncepcja interesu w prawie administracyjnym

Author(s): Marta Woźniak / Language(s): Polish Issue: 1(1)/2018

This paper does not aspire to offer an overall presentation of Prof. Jan Boć’s contribution to the concept of interest, but is intended to point out several views of this author on the design of legal interest in administrative law, including an attempt to assess their validity.Some of these views now require revising, others give them a fresh look. Professor Jan Boć commented on the relationship between public law and private law, made successful attempts to define the relationship. In the area of Professor Jan Boc’s academic interests, there has always been the individual, and therefore the Professor devoted considerable space in his work to the construction of legal interest of the individual, which went beyond the traditional definition describing the concept of public interest.

Nauczanie prawa rzymskiego we współczesnej Rosji

Author(s): Wojciech Jan Kosior / Language(s): Polish Issue: 2/2018

In the article, the focus is on teaching of Roman law at Russian universities. The study analyzed the teaching programs of major universities from all over Russia starting from Kaliningrad, through Moscow and Novosibirsk to Vladivostok. The main objective is to present programs and assumptions concerning Roman law operating in Russian scientific centers.

Działalność kolegiów do spraw wykroczeń w okresie obowiązywania stanu wojennego

Author(s): Marcin Łysko / Language(s): Polish Issue: 112/2019

During the period of martial law (December 13, 1981 – December 30, 1982), the scope of competences of boards adjudicating on misdemeanours has significantly expanded. The decree on martial law established new facts regarding violations of martial law and increased penalties for a number of offenses. All cases of the most serious misdemeanours were resolved under an accelerated procedure, which did not secure the rights of the accused person. High fines subject to immediate conversion to substitute detention were ruled especially in cases of misdemeanours, to which the supervising boards adjudicating on misdemeanours the Ministry of Home Affairs attributed political character. Severe punishment of perpetrators of such offenses as participation in a strike action or participation in street demonstrations was aimed at intimidating the society and making citizens obey the communist authorities.

HISTORICAL ASPECTS OF EUROPEAN PREOCCUPATIONS RELATED TO PUBLIC ORDER FROM THE VIEWPOINT OF URBAN PLANNING SERVITUDES

Author(s): Smărăndiţa-Elena CIUDIN-COLŢA / Language(s): English Issue: III/2015

Given their role of limiters of the exercise of the property right prerogatives, especially real estate property prerogatives, as concerns the management of their assets, urban planning servitudes are administrative restrictions of the property right, the purpose of which is the satisfaction of a public interest, i.e. urban planning and management. We will review the preoccupations of the European Union in the field of urban and land use planning, and we will continue by analyzing what the “Haussmann” Plan and the modern age of French urban planning meant for Paris outlining, from the standpoint of urban panning servitudes. We will also refer to the relevant Romanian legal provisions of various epochs, with regulated public order and land use planning preoccupations.

CAROL I OF ROMANIA - A LORD/KING WHO REIGNED AND RULED. THE FORMULA OF THE DUALIST PARLIAMENTARY REGIME TRANSPLANTED IN 1866

Author(s): Răzvan Cosmin Roghină / Language(s): English Issue: 4/2019

In this paper, we intend to clarify the theoretical practices supposed by the political regime transplanted by the Romanian political elite in the constitutional moment of 1866, from the Belgian Constitution of 1831. From the perspective of such an approach, we shall observe that the fundamental law of 1866 did not design a Domn (Lord)/King placed under the dictum ‘the monarch reigns, but he does not rule’, but an active head of state, constitutionally endowed with strong levers of power. Considering the Constituent’s desire to give a reply to the authoritarian regime of A. I. Cuza, the recognized constitutional powers of the head of state, on the one hand, and the further developed political status of Carol I within the political and constitutional praxis, on the other hand, emphasizes the weaknesses and incapacities of the Romanian political class regarding the dimension of the head of state constitutional institution. We shall emphasize the role and powers of the Lord (Domn) in the formula of the dualist parliamentary regime, which was not fully understood by the Constituent and by the political class that afterwards exercised the fundamental law. A dualist parliamentary regime formula inevitably involves a head of state that reigns and rules. The path towards a monist parliamentary regime, which was much more compatible with the Constituent desires (as aversions and aspirations), should have been provoked, in practice, by the representatives of the People. The dualist parliamentary regime – as an archetype of the political thinking of that era – was, in part, customary. The later character implies experience, knowledge, which the Romanian society, through its legal and political actors, did not have.

Ortelové knihy pražského Apelačního soudu a jejich interpretace

Author(s): Josef Vacek / Language(s): Czech Issue: 1/2020

This paper focuses on fundamental historical source important for recognition of judicial praxis in the early modern era: Books of Sentences of Appeal Court in Prag. This court was established in 1548 and since that year were the sentences taped down to books of sentences in two language rows: czech and german. The study analyzes both the outside of the source (font, language, graphical form of the decision) and, above all, its internal structure. At the same time, some particular requirements (which included each decision) are identified, and then the possibilities of their interpretation in individual and in context are presented. The paper is based on the knowledge of dozens of ortel books across the 250 year period for which the study is written. Its contribution lies mainly in describing some general elements that touch this source. The thesis can also serve as a basis for quantitative and qualitative research in the field of early modern justice.

More in common (law) than originally thought? A theoretical first comparison of the Magna Carta and the Księga Elbląska

Author(s): J. Patrick Higgins / Language(s): English Issue: 91/2020

Medieval legal scholars generally do not compare the Polish and English legal systems, though in the 13th century they share a surprising number of similarities. This is especially clear if one considers the convergent of evolution of legal institutions in response to socio-historical problems. This is concretely traced through historical and textual analysis of Magna Carta and Księga Elbląska, two foundational texts in their respective legal systems. Ramifications of this new comparative perspective are discussed, with avenues of further research outlined.

Rome and Roman law in English antislavery literature and judicial decisions

Author(s): Łukasz Jan Korporowicz / Language(s): English Issue: 91/2020

The abolition of slavery by modern states was an important step towards the recognition of what is now known as human rights. The British Empire and its cradle, England, were the leading entities responsible for the support of the international trade slave. For this reason, its antislavery movement is one which deserves particular attention. The argumentation used by the abolitionists has been a subject of many studies. Philosophical, theological or commercial arguments against slavery are well researched. It needs to be emphasised, however, that abolition was a legal step. In this context, it is interesting to seek legal argumentation against the enslavement of people. It is obvious that an appropriate reasoning would be difficult to find. Slavery has been a common social institution since ancient times. The universal principles of Roman law, as well as the significance of Roman civilisation for the development of the Western culture, made it one obvious field of research. The main aim of this article is to check if reference to Roman antiquity has been one of the crucial arguments in the antislavery struggle in Britain.

John Mitchell Kemble’s Anglo-Germanic legal historiography

Author(s): Michael Stuckey / Language(s): English Issue: 91/2020

Ideas about legal and constitutional systems in the British Isles, based upon a native genius, and ultimately upon the racial composition of the nation(s), were developed and deployed during the nineteenth century. The work of John Mitchell Kemble can be counted here amongst the developers of the literature informing this evolving historiographical norm of the Common Law tradition. Kemble’s work was fundamental to the establishment of a historical theory which underlay the development of the Common Law and its institutions with a specific and conscious Germanic attribution and constructed derivation. Kemble’s role was critical, in this creative discourse, as a polymath aggregator, whose work crossed modern-day conceptions of disciplinary boundaries. The developed and acquired Germanic historico-legal convention consistently emphasised a narrative of the Common Law’s uniqueness, and it was a tradition which eventually gained a fundamental intellectual position.

Efficacy, impact and English legal history

Author(s): Thomas Glyn Watkin / Language(s): English Issue: 91/2020

Theorists of law and of social policy distinguish between the efficacy and the impact of laws and legislation. Efficacy concerns the achievement of the effects intended by law-makers. Impact refers to the actual consequences. At times, the two diverge. Sometimes, it is only after a lengthy period that the impact is appreciated. The impact sometimes requires intervention by legislators or judges acting purposively in order to correct unforeseen or unfortunate consequences. The extent of judicial intervention is not always clear from the surviving records. This article argues that an awareness of the possibility of such occurrence is essential if legal history is to present the whole truth concerning legal developments.

Work on the Polish Civil Code in Stalinist Period (1948–1956)

Author(s): Anna Moszyńska / Language(s): English Issue: 2/2019

The paper focuses on the course of work on the Polish Civil Code in Stalinist times. Its aim is to indicate the influence of stalinization on the drafts created at that time, mostly on the example of inheritance law. In Poland the Stalinist period started after the political breakthrough in the autumn of 1948 and finished in 1956 with another political breakthrough. The influence of political conditions on legislative proposals followed – with varying strength – the rhythm of breakthroughs and turning points. Ideological pressures were particularly strong in the early 1950s, and the solutions presented at that time constituted a clear victory of the politics over the law, but – as it later turned out – only a temporary victory. The obligatory transplantation of the Soviet standards found the fullest expression in the draft elaborated in 1951 and its later versions of 1954 and 1955. In the course of subsequent work continued after 1956, in the times of political thaw, the restoration of the traditional institutions of the civil law was gradually made possible.

Drafting a New Civil Code in the GDR: Stalinism

Author(s): Martin Löhnig / Language(s): English Issue: 2/2019

The first attempt of the GDR to enact a new Civil Code started in September 1952 and failed with the revolution in June 1953. The old laws were thought to disturb the consolidation of socialist legal order and hinder the development of full respect for laws and the development of a socialistic state and legal consciousness (Walter Ulbricht). In the archives we find minutes of proceedings and drafts of the first two chapters in the personal files of Hilde Benjamin. These drafts were strongly influenced by traditional civil law thinking under which all members of the commission had grown up.

Family Law in the SOZ/GDR I: Stalinism

Author(s): Martin Löhnig / Language(s): English Issue: 2/2019

Family Law in the SOZ/GDR during the Stalinistic Period is characterized by a legislation that initially realizes Weimarian reform postulates, for example a new family procedural law or the law on women’s rights. Since 1952, the reforms follow the Soviet model: A new court constitution is established, based on the Soviet judicial system and a new marriage regulation also comes into force. The Supreme Court uses family law as a lever for the reorganization of society in accordance with constitutional postulates and political ideas.

Gleichberechtigung in erster Instanz – Scheidungsurteile der 1950er Jahre im Ost-/West-Vergleich

Author(s): Raphaela Etzold / Language(s): German Issue: 2/2019

Two German constitutions led to exceptional circumstances in German family law of the1950s: the principle of gender equality according to Art. 7 Abs. 1 GDR-Constitution and Art. 3 Abs. 2 of the Western German “Basic Law” invalidated all other conflicting law in the early years of both legal systems. During times of fruitless reform efforts, it was up to the courts to decide whether or not they still wanted to apply old law and how old civil law-norms had to be interpreted in conformity with new constitutional principles. Consequently, two parallel phases of judge-made law occurred, an exceptional situation for continental European legal systems. Particular difficulties were expected at the area of family law as the BGB (German Civil Code) as well as the new marriage law of the Allied Control Council of 1946 provided very different rights and obligations for both sexes. Therefore, analyzing court files on divorce proceedings of these period are particularly eye opening with respect to differences and similarities of both legal systems.

Koncepce systematiky práva předcházející právnímu pozitivismu 19. století

Author(s): Pavel Ondřejek / Language(s): Czech Issue: 2/2019

Current legal order can be characterized by the fact that we conceive law as a system. This is so despite various elements of fragmentation of law and the problems connected with concurrent application of rules originating from different legal systems. The aim of this article is to defend a thesis that different views of law and various conceptions of systematicity represent one of major differences between the historical and contemporary conceptions of law. At the same time, in the article congruent and different features of systematicity of law are addressed, namely in the period preceding codification of law in civil law legal systems, before legal positivism became the dominant legal method in the 19th century.

Právne reflexie antického pojmu ἐκκλησία v zriadení ranej Katolíckej cirkvi

Author(s): Vojtech Vladár / Language(s): Slovak Issue: 2/2019

It is evident that despite the originality of the institution of the Catholic Church even its representatives had to reflect in some way then realia and exerted traditions of the antic world. This fact found its reflection also in the area of law when not only the original reception and incorporation of several legal institutions occurred, but also the inspiration by Greek-Roman institutes and the ways of its functioning. Therefore some monarchic, aristocratic and democratic elements reasserted soon in the organization of Catholic Church, which were reflected during the process of establishing of early Christian communities by the Apostles, by their direct successors respectively, whereupon, are respected until nowadays. The main goal of the article is to point out the mentioned facts within the context of antic term ἐκκλησία (ecclesia) that presumably influenced the legal institution of primary Church, namely in the period of pneumatic democracy, partly also in monarchic episcopacy.