"CUSTODIA", "RECEPTUM" И ДОГОВОРНАТА ОТГОВОРНОСТ. ЕДНО ПРЕПРОЧИТАНЕ НА ДОГМИТЕ НА ГРАЖДАНСКОТО ПРАВО В СВЕТЛИНАТА НА КАЗУИСТИЧНИЯ РИМСКИ МЕТОД

Author(s): Carlo Peloso / Language(s): Bulgarian / Issue: 1/2016

The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

Author(s): Malina Novkirishka-Stoyanova / Language(s): Bulgarian / Issue: 2/2017

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

"Panama żyrardowska" w okresie dwudziestolecia międzywojennego – wyrok Sądu Obywatelskiego w sprawie Aleksandra Lednickiego

Author(s): Przemyslaw Dabrowski / Language(s): Polish / Issue: 1/2014

„The Żyrardów Affair” was the loudest case of interwar period. It is an excellent source to learn about the history of foreign capital in Poland. A major role was played by Alexander Lednicki – a lawyer, the leader of Moscow’s Poles in the period of the Russian Empire, former president of the Liquidation Committee for the Affairs of the former Kingdom of Poland, and president of the American Bank in Poland in the interwar period. He participated in the signing of the agreement in Biskupice, for what he was called a traitor to the Polish state. After this event, he committed suicide. His son, Wenceslaus, stood in defense of Alexander Lednicki’s honour. Thanks to his initiative, the convened Civil Court composed of well- known people in contemporary Poland. After initial process, Lednicki was acquitted of the charges against him.

"Tirania" clauzelor neuzuale

Author(s): Ionut Florin Popa / Language(s): Romanian / Issue: 01/2016

Art. 1.203 of the Civil Code regarding the unusual standardized clauses produces unjustified fear among the authors of agreements. The purpose of this study is to give the legal text the due importance and to identify an action intended to avoid the distorted enforcement of the legal text. Starting from the identification of the origin of the legal text (art. 1341 par. 2 of the Italian Civil Code) and after getting through the common sense comparisons with any texts provided by newer laws, this study is intended to actually identify the reasonable limits of the scope of the legal text: circumscribing the standardized clauses in the context of the fundamental mechanism of the offer and acceptance, the interfaces between art. 1.203 of the Civil Code and the legislation of abusive clauses, the formalism of special acceptance of the unusual clauses, the analysis of the legal list provided under art. 1.203 of the Civil Code. The unfriendly formalism of the special acceptance, as well as the restrictive nature of the legal list represents certain indisputable shortcomings of the legal text. A different and more flexible legal solution, the model for which was found in the comparative law, might have been taken into account.

"Words hurt for life" – legal aspects of verbal punishment of children

Author(s): Sylwia Rózycka-Jaros / Language(s): English / Issue: 2/2016

This paper is dedicated to the issues of verbal punishment of children during the upbringing process. Statistics show that this is the most common type of punishment of children used by parents. Unfortunately, it often takes the form of a humiliating criticism, shouts or intimidation. All this affects negatively the child’s psyche. Taking into consideration the amendments which introduced a total prohibition on using corporal punishment towards children to Polish legislation, the issue of the limits of verbal punishments permitted by law still remains unsolved. Apart from a short definition and the description of the scale of this phenomenon, this paper is mainly dedicated to a legal analysis, which takes into account the stances of the doctrines of criminal and civil law. This paper attempts to give a straight answer to the doubts concerning this matter.

"Постконфликтно уређење" одржаја на Косову и Метохији-ка поразу права прогнаних лица и "легализацији"противправних аката узурпатора?

Author(s): Duško M. Celic / Language(s): Serbian / Publication Year: 0

Violence against property, which in Kosovo continues to be made and in terms of the “post-conflict peace“, through the activity of quasi-governmental institutions, favors and systematic encroachment on property-legal relations to real estate through „normative“ activities of self-proclaimed authorities in the province. The Law on Property and Other Real Rights, adopted by the Kosovo Assembly in 2009, changed the rules on acquisition by prescription by altering the requirements of bona fide and lawful possession existing under the previously applicable law. The long absence of the rule of law,mass usurpation of real estate of refugees from Kosovo and Metohija, the lack of continuity of keeping the public registers and storing collections of documents and difficult or impossible access to justice for the greatest number of refugees, some of the reasons for the critical attitude towards these authors "provisions“. Bearing in mind the relevant international and domestic legal standards for the protection of human rights of displaced persons, we believe that ‘the provisions’ of the possession, flung open the door for legalization violent established the factual situation on the real estate of refugees from Kosovo and Metohija.

(I) Dare de mită. Elementul circumstanţial agravant referitor la săvârşirea infracţiunii în raport cu un funcţionaravând atribuţii de control. Condiţii

Author(s): Cristian Valentin Stefan / Language(s): Romanian / Issue: 04/2018

I. According to art. 7 par. 2 of the Law no. 78/2000 for preventing, discovering and combating corruption, in force at the time of the events, bribery, in the form of offering, was more seriously punished if committed in relation to an official having control duties. Firstly, control duties involve prerogatives so as to verify certain situations, as well as powers to follow up on these situations and, if necessary, to take or propose measures accordingly. Secondly, the aggravating circumstantial element can be enforced only if the offense of bribery is committed in connection to the exercise of the control duties. II. a) Decriminalization occurs through two mechanisms: the abolition of criminal provisions in the context of an objective impossibility to frame the committed acts in another criminal provision in force and by modifying the constitutive elements of the offense in such a way that the in concreto act is no longer found in the legal content described by the new law. b) The activity of criminal law and the retroactivity of the decriminalization are based on different premises, so they cannot coexist. In the event of a succession of legal provisions, the activity of the criminal law claims that the act should be incriminated both in the old law and in the new law, the new law not being favourable. The retroactivity of the decriminalization claims that the act, incriminated in the old law, is no longer incriminated in the new law.

(Ne)konzistentnost “diferenciranog građanstva” u Preporukama za promjenu Ustava Federacije BiH

Author(s): Nedim Kulenovic / Language(s): Bosnian,Croatian,Serbian / Issue: 13/2013

Jedna od karakteristika ustavnih sistema u BiH, pa i onog Federacije BiH, jeste postojanje interne antinomičnosti koja se ogleda u činjenici da su “pojedina ustavna rješenja uzajamno proturječna, i da se, unatoč jednakoj pravnoj snazi, uzajamno isključuju”. Ekspertna grupa za reformu Ustava Federacije Bosne i Hercegovine (Ekspertna grupa) za regulativno područje ljudskih prava i osnovnih sloboda u Ustavu FBiH zapaža da u smislu antinomičnosti postoji “nekonzistentnost” između garantovanih ljudskih prava. Posebno se ističe pravo na nediskriminaciju iz normativnog dijela i preambule Ustava FBiH, gdje se vrši “nominalno razlikovanje” nosilaca suvereniteta, a što u konačnici vodi “različit[om] tretman[u] u pravima”.

(Ne)odgovornost pomorskog prijevoznika za štete na teretu uslijed nautičke pogreške

Author(s): Ivana Oršulic / Language(s): Croatian / Issue: 162/2008

The paper deals with the nautical fault as a specific corrective of the sea carrier liability for damages on goods caused by the activities of the master, the crew and others of whom the sea carrier makes use in his activities. Beside the historical circumstances which caused the genesis and evolution of the nautical fault defence, the legal regulation is analyzed through the existing international conventions and with a special overview of difficulties in delimitation of carrier's liability. Contrasting opinions that appeared during the process of reassessment of the justifiability of nautical fault existence are presented, especially the ones that emerged during the work on the new international convention. Importance of a prompt conciliation of experts in this matter is emphasized, coveted not only because of the achievement of legal security, but also because of the harmonization of the carriage of goods by sea with other sectors of transport as well as the future undisturbed development of nautical navigation and trade.

(Ne)zakonitost imenovanja upravnih odbora javnih ustanova u Tuzlanskom kantonu

Author(s): Ervin Mujkic / Language(s): Bosnian,Croatian,Serbian / Issue: 12/2013

Imenovanje i razrješenje članova upravnih odbora javnih ustanova u Federaciji BiH regulisano je zakonskim i podzakonskim propisima na entitetskom, kantonalnom i općinskom nivou. Odredbama Zakona o ministarskim, vladinim i drugim imenovanjima Federacije Bosne i Hercegovine, koji se primjenjuje na svim nivoima vlasti u F BiH, uključujući kantone, općine i gradove, utvrđen je otvoreni postupak izbora kojim se vrši konačno imenovanje i ponovno imenovanje na pozicije u reguliranim organima.

(Ne)zaštićenost trećih osoba ugovorima o osiguranju od autoodgovornosti u Bosni i Hercegovini

Author(s): Alma Smailhodžic / Language(s): Bosnian / Issue: 20/2017

Under the Motor Vehicle Damage Liability Insurance Contract, a legal relationship is established between the insurer and the insured. However, if in the traffic accident the damage is caused to a third person, that person is entitled to compensation directly to the insurer of the motor vehicle liability insurance contract between the insurer and the owner of the vehicle engine, but not according to the basis of this contract, but according to the basis of the law itself. For this this kind of insurance we call extracontractual or legal insurance. The circle of third persons, the people who have the right to compensation by motor vehicle use in the movement, does not have the same magnitude in all countries. There are many factors that influence the width of the circle of third persons (the level of economic and civilizational development, the material possibility of certain countries, etc.). The development of insurance law up to now shows the trend of expanding the protection of the damaged, as well as an ever smaller number of people and victims of traffic accidents who are left out of the law for compensation.

(NON)DISCRIMINATION WHEN CONCLUDING THE ADOPTION BY SETTING FORTH A MAXIMUM AGE LIMIT FOR THE ADOPTER. ECHR DECISION IN THE SCHWIZGEBEL VS. SWITZERLAND CASE

Author(s): Georgeta-Bianca Spîrchez,Enache Carmen-Beatrice / Language(s): English / Issue: 1/2018

This paper analyzes the solution offered by the ECHR regarding the impossibility to adopt a Swiss citizen based on the adopter's age. A question regarding this solution may occur: is this criterion discriminating or, by contrast, is it beneficial to protect the best interest of the child? In order to determine/develop a series of arguments to establish an answer, it is of utmost importance to discuss along the essay the importance of the adoption, as a civil institution, and also what its pupose is. Furthermore, it is necessary to highlight the manner in which the best interest of the child should be respected in regards to the adoption and to what extent the principle of proportionality is applied or, in other words, is there proportionality between the decision of the Swiss authorities and the respect of the best interest of the child? In order to identify the presence or the absence of discrimination, it is important to define this institution and to analyse what are the potentially discriminating elements in regards to the adoption and to what extent they have occured so far.

(Zrewidowana) Europejska Karta Społeczna jako międzynarodowy standard chroniący prawa wynikające z systemu zabezpieczenia społecznego w okresie przemian ekonomiczno-społecznych

Author(s): Marcin Wujczyk / Language(s): Polish / Issue: 3/2018

The article analyzes the rights in the area of social security resulting from the European Social Charter and the Revised European Social Charter. The study presents both standards resulting directly from the provisions of the above-mentioned treaties as well as requirements interpreted by the European Committee of Social Rights. Particular attention was paid to the guarantees of the social security system and protection of entitled persons in the event of the necessity to limit the level of granted benefits, especially in the event of an economic crisis.

(НЕ)ПОТРЕБНО УВОЂЕЊЕ BREED-SPECIFIC РЕГУЛАТИВЕ

Author(s): Srdan Radulovic / Language(s): Serbian / Issue: 81/2018

Damage that comes as a result of an animal’s activity, and consequently number of issues regardless liability for damage that is caused by an animal, do not stop occupying and intriguing legal theory for centuries These questions, but also the answers that have been offered so far, are especially interesting when they are analyzed in context of actions of men’s best friend – a dog Among other activities directed toward preventing damages caused by dogs, although we believe that educational ones should have priority, attention should also be directed to legislative activities Namely, there is a need to analyze state authority’s activities related to implementation of so called breed-specific and dog-specific legislation Both types of regulations are part of Serbian legal system as well Being so, in this paper we will share our thoughts on the first-mentioned group of rules based on previously conducted both theoretical and empirical research.

10 ani de la Delimitarea Maritimă în Marea Neagră: valoarea de precedent judiciar a hotărârii Curţii Internaţionale de Justiţie în Cauza România împotriva Ucrainei, 3 februarie 2009

Author(s): Laura-Maria Craciunean-Tatu / Language(s): Romanian / Issue: 02/2018

1995-2015 - Women and Political Life in Post-Dayton Bosnia and Herzegovina

Author(s): Marina Velickovic,Arijana Aganovic,Edita Miftari,Saša Gavric / Language(s): English / Publication Year: 2015

(English edition) While working on improving our program and portfolio on women’s human rights we quickly realized the absence of a detailed and visible account of “women’s” history in Bosnia and Herzegovina. Although there are a significant number of publications and several activist initiatives that address certain fragments of history and explore events, periods of time, and regions, there is currently no exhaustive institutional account of women in Bosnia, nor are attempts being made to create one. The academic community has unfortunately failed in this area. The history of women and their contribution to public life remains at the margins of academic inquiry. The Sarajevo Open Centre published the book Women Documented: Women and Public Life in Bosnia and Herzegovina in the 20th Century. The book was edited by Jasmina Čaušević, a program coordinator at the Sarajevo Open Centre, in cooperation with ten authors. Through publishing this book, the Sarajevo Open Centre and our partner organizations wanted to celebrate the centenary of the First World War in a different way. It was precisely the work on Women Documented that revealed to us the need for further work exploring women’s history in Bosnia and Herzegovina. We hope that our (virtual) museum of women’s history in Bosnia will eventually be institutionalized in Bosnian society. In November and December 2015, we will commemorate the 20-year anniversary of the Dayton Peace Accords – the international agreement that brought peace to Bosnia and Herzegovina and laid the foundations for the long and grueling process of peace-making and trust-building. The Dayton Peace Process was, as this book will demonstrate, a classic example of male politics. The commemoration will, again, be dominated by men – Bosnian and Herzegovinian and world leaders. We decided to conduct this research and publish this book to challenge the male-dominated approach to memory. This publication aims to offer systematic insight into the role played by women in political life. Our goal is to offer a better understanding and a concise overview of political life over the past 20 years, based on the stories of a number of women - activists, politicians and institutional leaders - with the hope that it will inspire other authors to explore BiH political history during this period of time. Since this aspect of history is particularly under-researched, the very process of gathering information was challenging and so we welcome constructive criticism, comments, and suggestions for improvement and enrichment of this text. I would like to thank Marina, Arijana and Edita, who accepted to work with the Sarajevo Open Centre on this project. I would also like to thank my colleague Maida Zagorac, who has helped me immensely with her excellent oversight of both the technical and the substantive aspects of this text. I also owe thanks to the Embassy of Swiss Confederation in Bosnia and Herzegovina for supporting our work and the research of women’s history in Bosnia and Herzegovinian.

2003-2015: THE ERA OF GENDER EQUALITY MECHANISMS

Author(s): Edita Miftari / Language(s): English / Publication Year: 0

This chapter covers women’s politics and activism in the period between the adoption of the Gender Equality Law in 2003 and 2015, when this chapter was written. The Gender Equality Law is seen as a turning point for the political participation of women in BiH, primarily because it demanded the harmonization of other laws, including the Electoral Law, with the 40% gender quota it introduced. Another key moment for women’s organizations was the formation of The Club of Women Parliamentarians FBiH in 2013. This chapter will elaborate on the challenges and obstacles the women in the Federal Parliament faced during the implementation of this initiative. The chapter will also discuss the role of women in the Executive since recent years have seen an increase in the number of posts held by women at all levels of the BiH government. The internal organization of political parties will also be discussed, specifically – the role women play in the decisionmaking bodies of their chosen political parties. In its conclusion, this chapter will present the emerging female politicians who represent the future of women’s politics in BiH.

2014 ALTERNATIVE PROGRESS REPORT: POLITICAL CRITERIA

Author(s): / Language(s): English / Issue: 3/2014

This is the second Alternative Progress Report on Bosnia and Herzegovina’s path towards the EU membership. The report is a joint effort of dozens of individuals and organizations whose common goal was to show the current state of integration of Bosnia and Herzegovina from the perspective of civil society organizations. Having in mind that the official Progress Report on Bosnia and Herzegovina is a political report of the European Commission, we believe that the publication of the Alternative report can affect its content. Because of this, we are publishing this Alternative Progress Report nearly three months before the publication of the official one, hoping that it will have an impact on the formulation of the formal report. The report completely relies on the so-called political criteria, focusing on the following questions: - Democracy and the functionality of the State, - Rule of law and corruption, - Human rights, especially the rights of minorities and vulnerable groups, and - Transitional Justice During the 2013 and 2014, we have witnessed that no relevant progress has been achieved. The process of implementation of the Sejdić and Finci v. Bosnia and Herzegovina ruling is completely displaced from the Parliament. Performance of the democratic parliaments and governments on state, entity and cantonal levels is extremely low. The work of the institutions is characterized as unstable, inefficient and with notable lack of transparency. The decisions of the constitutional courts are still not implemented. No significant and systematic policies to combat human rights violations have been adopted. Judicial reform has been stopped and Structured Dialogue on Justice between B&H and the EU does not show any progress. Not a single significant case of corruption has been processed. Minority and vulnerable groups still live in difficult conditions. Discrimination and violence are all-present, and the law on prohibition of discrimination did not show the expected results, having in mind that five years after the enactment of the law, only two final judgments were passed. Comprehensive anti-discrimination policies for social integration either do not exist, or are almost never applied. Floods additionally hit the most vulnerable groups in society. Furthermore, the most vulnerable groups in society have been affected by the recent floods. The prosecution of war crimes and dealing with the past, as prerequisites for creating a healthy environment and building a common state, represent an additional problem. Political support for war criminals by the leaders of political parties only further divide the already highly fragmented society. We hope that the general elections in October of 2014 (although held by discriminatory rules) will bring more stable political structure, ready to face different problems. Initiative for the Monitoring of the European Integration of Bosnia and Herzegovina will certainly advocate change, in terms of adopting new laws and policies, and the implementation thereof. We also hope that the BiH authorities and the EU institutions will support a stronger representation of civil society within the various forums within the EU integration. Civil society must become the third actor in this process along with the State and EU institutions.

4721 SAYILI TÜRK MEDENİ KANUNU’NDA DÜZENLENEN BOŞANMA SEBEPLERİNE GENEL BAKIŞ

Author(s): Oguz Ersöz / Language(s): Turkish / Issue: 5/2019

A man and a woman aim to establish a happy and healthy family home with marriage. However, this goal cannot always be realized. Some reasons that are or are not related to the aspects may make it impossible for the marriage to continue. This situation that the marriage be eliminated while the aspects are still alive. The divorce institution was born of this requirement. The reasons for the divorce are regulated between the articles 161 and 166 of the Turkish civil code No. 4721. These reasons are limited. Every reason has its own conditions. In our study, the reasons for divorce are examined in general terms in the light of the opinions in doctrine and the court decisions.

6098 Sayili Türk borçlar kanunu’nda konut ihtiyaci (gereksinimi) sebebiyle tahliye

Author(s): Metin Pehlivan / Language(s): Turkish / Issue: 4/2017

Many people in our country reside in their own property but also many other live by paying “rent” which means handing over a residence, property or vehicle by its owner to another person for a period of time in return for a certain price. There are articles on rental contracts both in the Turkish Law of Obligations (no. 6098) and in the Repealed Law on Real Estate Rentals (no. 6570). In Law No. 6570, specific articles are present for the regulation of both the leasing of real estates with roofs within the boundaries of municipalities and the leasing of existing real estates with roofs on piers, seaports and stations outside the boundaries of municipalities. In this paper, the subject of "evacuation due to need of residence" in Turkish Law on Obligations no 6098 will be examined by taking into account the subject of "evacuation due to need of residence" regulated in the article 7 of abolished law no 6570 as well.