Mała architektura sakralna w optyce prawa polskiego i kanonicznego

Author(s): Piotr Kroczek / Language(s): Polish Issue: 1/2012

In recent years one can observe in Poland the increasing numbers of investments of the churchyard crosses, roadside shrines, memorials, or plaques, that is, the objects of so-called „small sacred architecture”. The article presents the current Polish and Church law that regulate the matter. Observance of the norms from both systems of laws is required to avoid serious legal consequences, which can overshadow the noble intensions of originators. At the end of the paper, there are given some practical remarks and specific solutions, which can be of help for the persons who are responsible for the sacred architecture in a diocese.

THE LEGISLATIVE AND INSTITUTIONAL FRAMEWORK FOR GENDER EQUALITY

Author(s): Saša Gavrić / Language(s): English Issue: */2016

The Dayton Peace Agreement recognizes the prohibition of discrimination on the basis of gender and it stipulates direct application of the European Convention on Human Rights and the CEDAW Convention. Unfortunately, despite the civil society initiatives the Constitution still does not recognize gender equality as a basic constitutional value in Bosnia and Herzegovina. BiH is one of the first countries in the Western Balkans to have passed a Gender Equality Law (ZoRS). After it was passed in 2003 the Law was amended once, and the amended version was adopted in 2010. The Law guarantees gender equality and equality of opportunity in all spheres of life.

Uslovne kazne – pitanje kaznene politike ili politike procesuiranja

Author(s): Branko Perić / Language(s): Bosnian,Croatian,Serbian Issue: 31/2018

Prije tri godine, u izdanju Visokog sudskog i tužilačkog vijeća BiH (VSTV), pojavila se publikacija pod naslovom “Stanje i kretanje kriminaliteta u BiH za punoljetne osobe u periodu od 2003. do 2012. godine”. Na projektu je radila grupa profesora sa više pravnih fakulteta iz oba entiteta. Rezultati ovog vrijednog i zanimljivog istraživanja ostali su bez odjeka. Ma koliko sakupljeni podaci bili nepotpuni zbog nepostojanja jedinstvene baze podataka i neujednačene metodologije prikupljanja, zabrinjavaju rezultati koji se odnose na strukturu izricanih krivičnih sankcija. Od svih izrečenih krivičnih sankcija u periodu od 2003. do 2012. godine, u Bosni i Hercegovini (BiH) su najčešće izricane uslovne kazne (oko 75 %). Prezentirani podaci su bili alarm za raspravu o uzrocima ovakvog stanja i hitnim mjerama za njegovo prevazilaženje. Bilo je za očekivati da će VSTV, kao naručilac projekta, rezultate istraživanja iskoristiti za dalju analizu zakonodavnog okvira i funkcionisanja pravosudnog sistema. Iako su autori projekta u svojim zaključnim napomenama upozorili da je neophodno nastaviti istraživanja kako bi se došlo do adekvatne kaznene politike, posebno ukazujući na potrebu donošenja jedinstvene metodologije prikupljanja i vođenja statističkih pokazatelja, regulator pravosuđa je ignorisao alarmantne pokazatelje i preporuke autora istraživanja.

KAKVO USTROJSTVO EVROPE

Author(s): Author Not Specified / Language(s): Croatian Issue: 01/1991

Evropska zajednica mora jačati svoju sposobnost djelovanja. Za to joj je potreban ustav. Samo tada može savladati probleme budućnosti. Ovaj izvještaj smatramo poticajnim doprinosom pa svjesno nismo predložili razrađen nacrt ustava. Više želimo u evropskoj ustavnoj raspravi dati nove naglaske.

USTAV REPUBLIKE HRVALSKE I NADNACIONALNE ORGANIZACIJE: SUVERENITET, MEĐUNARODNI ODNOSI I TEMELJNA LJUDSKA PRAVA

Author(s): Siniša Rodin / Language(s): Croatian Issue: 01/1991

The article discusses three major issues relevant for the evaluation of 1990 Croatian Constitution in the light contemporary European legal and political developments.

ВЪПРОСИ НА ДОГОВОРА ЗА ПОЖИЗНЕНА РЕНТА

Author(s): Galina Dimitrova / Language(s): Bulgarian Issue: 1/2017

This article deals with a number of Family law and Law of obligations problems of the contract of rent. It is made a characterization of the rent contract. It is shown who will be a titular of the acquired through the contract real rents and how the spouses would be responsible for the obligation of rental payments under the regime of community. It is considered the question is it acceptable one of the spouses to transfer to the other real rights with a rent con-tract with lifelong payments, as we know for the existence of the obligation for maintenance between the spouses. With the analysis of the contract regime it is examined the hypothesis, where the marriage contract consists the clauses of the rent contract, and also of the question if the creditor of the rent payment can claim on the basis of contracted by the spouses solidary liability, thus the author corroborates her thesis with a lot of arguments. When it is applicable the regime of separation are discussed the possibilities of solidary liability between spouses for the obligation of periodical payments on the rent contract and emergence of the common titularity of spouses of the acquired by the rent contract.

РИМСКОТО ПРАВО КАТО СЪСТАВНА ЧАСТ НА СЪВРЕМЕННАТА ПРАВНА КУЛТУРА

Author(s): Alejandro Guzman Brito / Language(s): Bulgarian Issue: 2/2016

In this article, the roman law is presented as a necessary basis for understanding the modern private law. The roman law is present in the modern codifications, whether this is admitted or not. From a historical view the roman law transmits from one century to another due to the work of the great jurists and to the legal education, pointed straight to the practice. In this article are presented also some comparisons between the point of view of the roman jurist and the modern regulation of the same matter in the civil codes of Chile and Columbia.

ПРАВО И КУЛТУРА – ЕДНО ОБРАЗОВАТЕЛНО ПРЕДЛОЖЕНИЕ, ОТ КОЕТО НЕ МОЖЕМ ДА СЕ ОТКАЖЕМ ЕВРОПЕЙСКОТО ПРОСТРАНСТВО НА ВИСШЕТО ОБРАЗОВАНИЕ

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 2/2016

In the article is presented the connection between the law and the philosophy and its dimensions in the modern legal education. The attitude of the professors in the law faculties must be open towards an interdisciplinary debate and permanent cultural dialogue. The historical roots of every discipline must be pointed out, because they can explain it‘s significance and particular autonomy from other matters.

ДВУЕЗИЧНОТО ЮРИДИЧЕСКО ОБРАЗОВАНИЕ ОТВЪД КУЛТУРНИТЕ ГРАНИЦИ ВЪВ ФРИБУРГ: ПОЛЕЗЕН ОПИТ ЗА ЕВРОПА

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 2/2016

The author shares his long-standing experience from the Faculty of Law at the University of Fribourg, teaching his students simultaneously in French and German and with a growing number of additional English courses. He shares the belief that greater harmonization of the law, and in particular the private law, can only be achieved if the education systems enable students to get acquainted with different case studies of different national legal systems. At the same time are created conditions for the improvement of the language training of students and especially of legal terminology, which is a guarantee for successful practice in the conditions of the linguistic diversity of the present day.

АЛТЕРНАТИВНА ПАРАДИГМА ЗА РИМСКОТО ПРАВО

Author(s): Philip Thomas / Language(s): Bulgarian Issue: 2/2016

The author emphasizes the importance of the study of Roman law in modern law schools, because it shows students that could act differently, and that the decision of a case depends on the social context rather than legal dogma. Thus Roman law can play a new role in legal education.

РИМСКО ПРАВО, ПРАВНО СРАВНЕНИЕ, ИНТЕРДИСЦИПЛИНАРНОСТ

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2016

The historical approach in the domain of romanistic and legal history sciences leads to examination of the roman law as a functional legal system in a specific period of time. Nowadays in the universities the examination of the roman law is limited and without connection with the positive law. It is often isolated to a discipline in the program of the law faculties. The author of this article presents the importance and the role of the roman law for the modern legal education.

КИТАЙ И РИМСКОТО ПРАВО

Author(s): Fei Anling,Stefano Porcelli / Language(s): Bulgarian Issue: 2/2016

China enters in the legal circle of the Roman law system thanks to the reforms that have taken place in the last years of the ruling of the King Dynasty. To the first phase of the introduction of Roman law, a second is added in the last few years - direct translation of sources and a third - deepening, with Chinese scientists moving in shape. They are actively involved in a constructive dialogue with their colleagues from other countries of the system. Both the work of lawyers and much of the rulemaking activity arouses consciousness in the dialogue with principium, with the system that, thanks to the Chinese acquis, which will continue in the future, will be greatly enriched later on. The introduction of the Roman legal system into China is a clear confirmation of the fact that it can be considered as an element of unity as a common basis in the dialogue that is developing along the Silk Road in the 21st Century in the marking of justice in relations of people across Eurasia.

РИМСКОТО ПРАВО НА КРЪСТОПЪТЯ НА ЕВРОПА. ПРЕПОДАВАНЕТО НА РИМСКО ПРАВО – КЛЮЧОВ ФАКТОР ЗА ДЕМОКРАЦИЯТА И ЕВРОПЕИЗМА

Author(s): Salvador Ruiz Pino / Language(s): Bulgarian Issue: 2/2016

The Roman Law Area of the University of Cordoba (Spain) consider an important commitment of our educational quality the continuous process of educational innovation that we have developed since 2012. In this academic year we are executing a project of Educational Innovation, entitled "Roman law at the crossroads of Europe. The teaching of Roman law as a key factor of democracy and europeism"

РИМСКОТО ПРАВО: ЕДНА ДИСЦИПЛИНА ЗА ЕВРОПА

Author(s): Maria Casola / Language(s): Bulgarian Issue: 2/2016

The article examines the role and the possibilities for studying Roman law today and the condition of the teaching in European universities. Roman law is presented as the basis for the construction of European law (ius commune). Legal science is not entirely focused only on norms, but also on moral values, the dynamics of democracy and pluralism, multiculturalism, public policies. Exploring the values of Roman society in their historical context can be particularly useful for a deeper understanding of modern processes.

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

LEX AELIA SENTIA ТЕКСТУАЛНАТА САНКЦИЯ ЗА НИЩОЖНОСТ РИМСКИТЕ LEGES PUBLICAE

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 1/2015

The article is devoted to the topic of the Roman prohibition laws in the field of private law (leges perfectae) are limited to banning a particular action or establishing a penalty for offenders. Lex Aelia Sentia is obviously the first law that provides in its text nullity when doing acts are contrary to its prohibitions. It is assumed that the assessment of actions contrary to the law as devoid of legal effect and therefore the assessment of the law itself as lex perfecta is a result of the interpretation given by Roman jurisprudence.

САНКЦИИ ЗА НЕИЗПЪЛНЕНИЕ СРЕЩУ ПРЕДПРИЕМАЧА НА ПУБЛИЧНИ РАБОТИ КЪСНАТА РЕПУБЛИКА РАННИЯ ПРИНЦИПАТ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian Issue: 1/2015

In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.

НЕЩО СТАРО, НЕЩО НОВО. АВГУСТОВОТО ЗАКОНОДАТЕЛСТВО ПРЕДИЗВИКАТЕЛСТВОТО ДА СЕ УСТАНОВИ СОЦИАЛЕН КОНТРОЛ

Author(s): Thomas McGinn / Language(s): Bulgarian Issue: 1/2015

ОБЩЕСТВО, ИЗКУСТВО И ПРАВО ПО ВРЕМЕТО НА ОКТАВИАН АВГУСТ: ЖЕНАТА ПРЕЗ ПРИЗМАТА НА РИМСКИЯ КОМИКС

Author(s): Rosalía Rodríguez López,Jaime Vizcaíno Sánchez / Language(s): Bulgarian Issue: 1/2015

The article presented uses a rather innovative and out-of-the-box analyzing method. It is aimed at providing insight into the idea behind an exhibition, called Personajes femenino en el comic de romanos (Female characters in Roman-themed comic books), which took place in December 2014 in Almeria, Spain. The purpose of the exhibition was to outline the typical characteristics of the Augustus-era Roman female by analyzing the female characters in modern-day Roman-themed comic books, which are, despite their entertaining purpose, based on actual historical data.

ОПИТЪТ ЗА НРАВСТВЕНА РЕФОРМА НА РИМСКОТО ОБЩЕСТВО С АВГУСТОВОТО БРАЧНО ЗАКОНОДАТЕЛСТВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2015

The marriage legislation was part of Augustus` program to restore the res publica shaken by more than a century of political and social disorder. For Augustus and for men like Livy, Horace and Virgil the solution of the troubles which had befallen the Roman lay in the past, in the values and customs and of an earlier age (exempla maiorum) – family life, the chastity of Lucretia, the moral probity of Cato the Elder, in a word, Romanitas. The political settlement imposed by the principate was not enough without propagation of the Italian stock and of its prisca virtus, which, unadulterated by the attitudes and beliefs of the opulent and decadent east, had won Rome an empire. Ironically, the methods of Augustus of implementing this archaizing social policy, was itself a radical innovation – pervasive intervention by the state in the private lives of roman citizens passing three according to some of the contemporaries severe laws – Lex Iulia de maritandis ordinibus, lex Papia Poppaea and Lex Iulia de adulteriis coercendis, which response is obviously visible centuries after the death of their glorious creator – the reformator emperor Octavianus Augustus.