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Znaczenie Międzynarodowego Paktu Praw Obywatelskich i Politycznych oraz Międzynarodowego Paktu Praw Gospodarczych, Społecznych i Kulturalnych dla polskiego porządku prawnego na przykładzie analizy orzecznictwa polskich sądów administracyjnych

Znaczenie Międzynarodowego Paktu Praw Obywatelskich i Politycznych oraz Międzynarodowego Paktu Praw Gospodarczych, Społecznych i Kulturalnych dla polskiego porządku prawnego na przykładzie analizy orzecznictwa polskich sądów administracyjnych

Author(s): Aleksandra Tychmańska / Language(s): Polish Issue: 34/2017

In the article, the author focused on an overview of judicature of Polish administrative courts in terms of their reference to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Their role in Polish legal order and their meaning in the process of applying the law by the courts were analyzed.

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Prawo odmowy zeznań przez duchownego w polskiej i niemieckiej procedurze cywilnej – analiza prawno-porównawcza

Prawo odmowy zeznań przez duchownego w polskiej i niemieckiej procedurze cywilnej – analiza prawno-porównawcza

Author(s): Marek Strzała / Language(s): Polish Issue: 21/2018

Section 261 para. 2 of the Polish Code of Civil Procedure provides for the possibility to refuse testimony by a clergyman regarding facts revealed to him during confession. This regulation differs from other Polish legal procedures, which usually treat such facts as inadmissible evidence. There is an ongoing debate in the doctrine about changing the rules of the civil procedure, which, as many authors argue, does not properly protect the clergy and people who reveal information to them. Given that, a point of reference can be sought in foreign regulations, which may provide ready solutions or indicate the right direction of normative changes as well as shed some light on some potential problems with the interpretation and application of regulations already introduced in other countries. This article aims to present the regulations of the German Zivilprozessordnung concerning the clergyman’s right to refuse testimony and to compare them with the current provisions of the Polish Code of Civil Procedure. The legal-comparative analysis concerns the model of legal regulation of the right to refuse testimony by clergymen, the subjective and objective scope of this right, the duty of the judge to advise the clergyman of his rights, the admissibility of the clergyman’s testimony and the issue of protecting information revealed to clergymen outside his pastoral service.

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Formy zatrudnienia duchownego w instytucjach kościelnych po II wojnie światowej

Formy zatrudnienia duchownego w instytucjach kościelnych po II wojnie światowej

Author(s): Tadeusz Stanisławski / Language(s): Polish Issue: 21/2018

The aim of the present article is to present the existing possibilities for the employment of the clergy by church institutions, that is, by the so-called church employers. The first part of the study depicts the situation in this regard from the end of World War II till the turn of 1989/1990. During that period, the position of public authorities clashed with that of church authorities, and the former treated the issue of the employment of the clergy in an instrumental manner, in a similar way to their social insurance and taxation. The discussion presented in this part is based on legal acts and archival documents which illustrate the way in which the law was understood and applied at the time. After 1989, the socio-economic context has undergone major changes. There are no formal obstacles for church entities to employ the clergy in employment relationships. The choice of the type of employment rests with clergymen and their employers, and the second part of the study aims to present the existing alternatives and discuss the benefits and risks/challenges associated with the current situation.

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Wpływ prawodawstwa okresu Polski Ludowej na przepisy prawa wyznaniowego III Rzeczypospolitej Polskiej – wybrane zagadnienia

Wpływ prawodawstwa okresu Polski Ludowej na przepisy prawa wyznaniowego III Rzeczypospolitej Polskiej – wybrane zagadnienia

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 21/2018

The period of the Polish People’s Republic is known as the time when the law was an instrument in the hands of the authorities, and human and citizens’ rights were only illusory. The specificity of the law during this period resulted from its being interpreted through the Marxist-Leninist ideology commonly accepted by the political decision-makers. Although the Constitution of 1952 seemed to guarantee the freedom of conscience and religion to citizens and the freedom of fulfilling religious functions to religious communities, the interpretation of the Constitution led to completely different conclusions. However, in some parts the legislation of 1944-1989 was suitable for the incorporation into the new realities of the free Poland after 1989. This incorporation often required making adjustments and adapting it to the Third Republic of Poland ruled by law; sometimes it also required rejecting an unfair law that did not guarantee the freedom of conscience and religion ensured in the Constitution of 1997. One can also point out some provisions that were a dead letter of the law during the time of the Polish People’s Republic and were only realized in the free Poland. But the fact that not all the legal solutions from 1944-1989 were rejected is an expression of the will to maintain the continuity of the law and to single out those legal acts that after the political transformation could remain in force as acts that meet the standards of the state of law.

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AРБИТРАЖЪТ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ НА РИМСКАТА ПРАВНА СИСТЕМА

AРБИТРАЖЪТ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ НА РИМСКАТА ПРАВНА СИСТЕМА

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 2/2015

The arbitration procedure as a method of settling legal disputes is no contempo-rary achievement. It was in fact developed and quite commonly used in ancient times as well, particularly in the Greco-Roman world. At first it was a tool to settle cases in the field of contract and commercial law – or, in general, private law – but with the passage of time it also became applicable to international, federal and administrative legal disputes. Both types of arbitration (in public and in pri-vate law) were based on the agreement (compromissum) between the parties to the case to allow their legal dispute to be settled by an impartial third party, whose decision would be held as legally binding. The main difference in fact lies in the parties themselves – in public arbitration it was the states or state institu-tions who, while exercising their powers, chose to enter an arbitration procedure. Apart from these general conclusions, the article also presents an in-depth analysis of actual known Roman-era international, federal and administrative cases that were settled through arbitration, many of them being connected to the usage of public waters, border delimitation, taxes and tax revenues etc.

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КЪСНОАНТИЧНИ ИДЕИ ОТНОСНО РИМСКИЯ ПРОЦЕС

КЪСНОАНТИЧНИ ИДЕИ ОТНОСНО РИМСКИЯ ПРОЦЕС

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2015

Abstract: In the field of the Roman civil procedure some constitutions of the emperor Constantin (CTh. 2,18,1; CTh. 2,26,1; CTh. 11,39,1; CTh. 9,19,2) testify for the establishment of an orientation that the task of the judge is to determine what is the truth, independently of the demands of the parties in the process and the presented evidences. This is a significant innovation in a comparison with the Formulary procedure in which the sentence of the judge is strictly bound with the formula created by the praetor and accepted by the parties.

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ПОДПАЛВАЧИ, КРАДЦИ, РОБИ БЕГЪЛЦИ – ОСНОВНИТЕ ПРОБЛЕМИ НА PRAEFECTUS VIGILUM

ПОДПАЛВАЧИ, КРАДЦИ, РОБИ БЕГЪЛЦИ – ОСНОВНИТЕ ПРОБЛЕМИ НА PRAEFECTUS VIGILUM

Author(s): Bernardo Santalucia / Language(s): Bulgarian Issue: 2/2015

At the beginning of the imperial period in Rome many fires have been known - some with serious consequences. In fact, it was not about unfounded fears. Fires were a constant danger to the public security and even the development of the city during the Age of Augustus did not reduce the frequency and severity of this problem. The rapid increase of the population of the capital and the need for new housing led to the construction of many vertical buildings, which have become more and more thanks to the financial speculation from which their builders and owners were led. These huge buildings, characteristic of the intensive construc-tion during the imperial period, have become a constant source of trouble. But in the six years when many fires destroyed different neighborhoods on the same day, it became clear that the measures taken were inadequate and that the preservation of the city by fires required the work of specialized personnel equipped with convenient means and acting under the guidance of an expert. The decision was to create a vigiles corpus, organized as a military structure consist-ing of 7,000 men, divided into 7 cohorts, each of which had to watch over two adjacent areas. At the head of each cohort was placed a tribune, chosen among the centurions of the legions, most often primipilares, while the senior command of the corpus was entrusted to an ad hoc employee who was nominated by the Emperor himself and called praefectus vigilum. It is not very easy to completely restore its functions, which have increased from the beginning of the Principate until the end of the 3rd century. In fact, we are sufficiently well informed about the duties and powers of this civil servant during the time of the Severan Dynasty, as the Digests provide us with a small number of testimonies (5 fragments, one long enough for liber singularis de officio praefecti vigilum - Paul, and one with the same name liber singularis - to Ulpian). More complete jurisdictional competence, relevant to civil and administrative disputes, was certainly recognized as praefec-tus vigilum in an unusual way, and only for a limited range of disputed parties, only towards the end of period under consideration, with regard to the reorganization of the professional associations of Alexander Severus. This reorganization, we learn from the Historia Augusta, appointment required for each college a judge competent to know relating to its disputes.

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IURISDICTIO EPISCOPALIS МЕЖДУ ИМПЕРИЯТА И CHRISTIANITAS: ИСТОРИКО-КАНОНИЧЕСКИ АНАЛИЗ
НА ПОЯВАТА НА POTESTAS SACRA

IURISDICTIO EPISCOPALIS МЕЖДУ ИМПЕРИЯТА И CHRISTIANITAS: ИСТОРИКО-КАНОНИЧЕСКИ АНАЛИЗ НА ПОЯВАТА НА POTESTAS SACRA

Author(s): Javier Belda Iniesta / Language(s): Bulgarian Issue: 2/2015

The emergence of Christianity in Roman society meant a necessary process of adaptation of both realities that coexisted in a common political and cultural space. Apart from the first misunderstandings on the part of each - crystallized in groups that guessed the imminent arrival, on the one hand, and the periodic violent reactions against this strange group of followers of Christ, executed by another - the truth is that both of them little by little adapted to a coexistence to which they were forced by the common space they shared. Christians, already of very diverse origin socially, geographically and religiously, had to take little by little awareness of their own identity, building over the years an internal organization that had to respond not only to the needs of this primitive religious society within the gigantic political framework of the Empire, but also to a series of circumstances that were presented to them within their own evolution as a particular human group, with a clear mission - the proclamation of the Gospel. Among these organizational needs was the need for administration of justice, necessary in every society, and clearly articulated in the Roman world, but absolutely remote from the evangelical principles that were supposed to guide all action of Christians. Thus begins the difficult task of building an organizational system capable of responding to the needs of the community and the message of Jesus, first carrying out this task within the Empire and later under its protection. This, however, does not suppose abandoning the religious authority due to the established political power, but rather a complicated combination between obedience to the authorities and application ad intra of a legal system according to the condition of believers, whose starting point was, without doubt, the Gospel. Of course, when both visions collided, the one born of faith was supposed to prevail but, as far as possible, the two were combined. This article aims to show the relationships maintained by the ecclesiastical authority as its power developed, starting with the exit from hiding until the fall of the Empire and the beginning of the Medieval era. We must be clear that concepts such as potestas, iurisdictio or auctoritas were still in a first stage of gestation, not only for the temporal power, which to a certain extent preserves the imperial heritage, but also for a Church that has just left the clandestine, and must coexist with an authority that is becoming aware of itself.

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АНАЛИЗ НА НАДПИС ОТ ПЕЛАГОНИЯ, МАКЕДОНИЯ: ПРАВНИ И ЕПИГРАФСКИ АСПЕКТИ НА IURISDICTIO ПРИ ОПРЕДЕЛЯНЕТО НА ГРАНИЦА

АНАЛИЗ НА НАДПИС ОТ ПЕЛАГОНИЯ, МАКЕДОНИЯ: ПРАВНИ И ЕПИГРАФСКИ АСПЕКТИ НА IURISDICTIO ПРИ ОПРЕДЕЛЯНЕТО НА ГРАНИЦА

Author(s): Vlado Buckovski,Goce Naumovski,Timčo Mucunski,Vesna Dimovska / Language(s): Bulgarian Issue: 2/2015

The work examines the inscription of Gentianus on border demarcation (termini positi) between two communities in Pelagonia, Macedonia, which might represent a typical example of iurisdictio in a broader conext . The inscription is analyzed, translated and interpreted through the scope of epigraphy and roman law sources, in the framework of regulation of the status and territorial boundaries. Conclusions are derived regarding the importance of legal epigraphy and the indispensability of interdisciplinary approach of Roman law and classical phillology in acquiring accurate data from the primary sources on local communities in ancient history.

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CLAUSULA REBUS SIC STANTIBUS И HARDSHIP: АСПЕКТИ НА РАЗВИТИЕТО НА РОЛЯТА НА СЪДИЯТА

CLAUSULA REBUS SIC STANTIBUS И HARDSHIP: АСПЕКТИ НА РАЗВИТИЕТО НА РОЛЯТА НА СЪДИЯТА

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 2/2015

Changed circumstances between conclusion of a contract and the time foreseen for performance may render performance much more burdensome for the debtor. The approaches in Civil law and in Common law differ fundamentally as to whether the debtor may be relieved from his obligation to perform or, as it is the case for general principles of contract law, as to a right to renegotiate the contract. In Civil law, the question of changed circumstances and their impact on a promise has crystalized around the doctrine of clausula rebus sic stantibus, which was initially understood as an implied precondition. In Common law, hardship would have no impact on the duty to perform, unless it amounts to frustration of contract. This article presents the historical roots of both approaches and shows the fundamental differences between them.

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L’UOMO↔PERSONA

L’UOMO↔PERSONA

Author(s): Sebastiano Tafaro / Language(s): Italian Issue: 2/2018

The article examines the relation between homo (the human being) and person in general sense, which is the basis of the modern doctrine on the legal capacity of individuals (physical persons) but which has different interpretations in Roman law and in the opinions of Roman jurists than in the modern law. Man is at the center of Roman law, defined by the term "persona". This term is an entirely product of Roman jurisprudence, which explicitly states that the whole law is created by man, and that he is its cause and purpose. Moreover, the man takes into account his inalienable and indispensable prerogatives in the organization of Civitas. But he has to keep them for himself as he can realize his legal significance which can by no means be absorbed and depend on recognition by a separate social organization (as is the state for example). Through a complex development, to the “persona” is attributed a meaning not only related to the historical plan but also to the recognition of more or less certain or supposed values. This leads to the detachment of the notion of a subject of the law by the man himself and is the cause of many mistakes and contradictions. The distinction between homo and persona reaches its culmination in creating a concept of a subject of law – a physical person or a legal personality. The product of this process is the contemporary concepts of legal personality, respectively specified in the notions of legal entity, legal capacity, legal capacity to act. Faced with this legal reality and artificially created concepts, it is worth reverting to the concept of persona in Roman law, which seems beneficial and may be the starting point for the law of tomorrow and future generations.

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IUS VITAE – SPES VITAE. PROSPETTIVE ROMANE NELLA LEGISLAZIONE CONTEMPORANEA

IUS VITAE – SPES VITAE. PROSPETTIVE ROMANE NELLA LEGISLAZIONE CONTEMPORANEA

Author(s): Malina Novkirishka- Stoyanova / Language(s): Italian Issue: 2/2018

In 2015 the European Court of Human Rights in Strasbourg, meeting in a Grand Chamber, composed of 17 judges, pronounces the judgment on the case Parrillo v. Italy (Application No. 46470/11). On the case of the prohibition of an Italian law (No. 40/2004) of donation for the purposes of scientific research of embryos conceived through medically assisted reproduction, the applicant finds it incompatible with her right to respect for her private life and the peaceful enjoyment of her assets guaranteed respectively by Article 8 of the European Convention on Human Rights and Article 1 of Protocol No. 1 to the Convention. The court decides that the embryo is not a good just for parents and the petitioner can’t donate her embryos for scientific purposes, but she is obliged to keep them in a state of cryopreservation until their death. A new argument is presented on the problem of the status of human embryo and its “rights” and a far-reaching projection of the Roman principles of ius vitae and spes vitae.This position of court gives the basis of the reflections about the human rights in general and the protection of privacy, the public interest etc. in relation with the Roman rules for nasciturus, curator ventris, the criminal responsibility for the deliberate abortion, ius vitae necisque of the pater familias and the opinions of the classical Roman jurisprudence.

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THE IDEA OF IUS, AEQUITAS AND IUSTITIA ASSOCIATED WITH THE IDEA OF THE USEFUL AND THE CONVENIENT:
COMMON UTILITY

THE IDEA OF IUS, AEQUITAS AND IUSTITIA ASSOCIATED WITH THE IDEA OF THE USEFUL AND THE CONVENIENT: COMMON UTILITY

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2018

The iustitia, as Cicero affirmed, unique virtue, lady and queen of the virtues; Justice as a disposition of the spirit that respects the common utility. The Roman conceptions in Cicero's time reflect a good part of the basic principles that prevail with more frequency: objectivity of the legal order, justice, utility, equity, honesty, lawfulness, etc., authentic reference to a clear idea of utilitas. In this sense, it is analyzed in the present study: Utilitas omnium ↔ rei publicae causae; Utilitas publica ↔ utilitas omnium; Utilitas publica, from the perspective of priority interest that favors the State itself; Justinian and the pretended and possible return to the utilitarian conceptions publica ↔utilitas communis; Utilitas publishes: and a peculiar assumption, among others, extracted from the interdictal context in which public interest, common interest and private interest are combined.

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FIRST FORMULATION OF THE THEORY OF NORMAL USE:
SPANGENBERG AND HIS ROMAN THEORY OF THE EMISSION. THE MOST ADVANCED VISION OF IHERING AND HIS NEW EMISSION CONCEPT

FIRST FORMULATION OF THE THEORY OF NORMAL USE: SPANGENBERG AND HIS ROMAN THEORY OF THE EMISSION. THE MOST ADVANCED VISION OF IHERING AND HIS NEW EMISSION CONCEPT

Author(s): Carmen Salcedo / Language(s): English Issue: 2/2018

The prohibition of the behaviors carried out by the owners in the exercise of their respective rights by the mere fact that their effects spread towards adjoining or nearby properties could not be understood in a sense too strict. Even though the Roman jurists used to emit their judgments on the basis of general prohibition of any emission, it was proved that on some occasions the rigorous application of such a rule would imply an absolute denial of some of the powers granted to the owner. Without abandoning the reciprocal behavior of concessions and tolerance, the radical prohibition of all emission would not be permissible. The elaboration of a general criteria that solved the problem of the legality or illegality of the emissions were not the work of the Roman jurisconsults, who limited themselves to resolving the specific cases. The real protago-nists in the search for general solutions were the jurists of the nineteenth centu-ry, driven by the needs of their time in which the development of the industry led to an increase in conflicts and problems in neighborhoods. Immersed in this climate of technological and industrial progress, the theory of normal use based primarily on the objective concept of emission and, of course, on the jurispruden-tial answers collected in Roman sources.

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CERTAIN ISSUES RELATING TO RECEIVING INHERITANCE IN ROMAN LAW

CERTAIN ISSUES RELATING TO RECEIVING INHERITANCE IN ROMAN LAW

Author(s): Mirjana Polenak-Akimovska,Goce Naumovski / Language(s): Bulgarian Issue: 2/2018

The core interest of this paper comprises of elaborating on several legal postulates which may occur while exercising one's subjective inheritance rights. Namely, the Roman law, judging from the primary sources, provides us with a clear picture of several legal situations, which are probable to ensue, prior to the final transfer of the inheritance rights from the testator to the inheritor.Taking into consideration the fact that the Roman law research frequently dwells on the basis for inheritance, lines of hereditary succession, wills or compulsory share of inheritance, the authors of this paper believe that due diligence must be exercised to these seldom studied legal inheritance postulates.Therefore, on this occasion an analysis will be made of: transmissio delationis, ius accrescendi collatio bonorum, aditio bonorum, beneficium abstinendi, beneficium inventarii and beneficium separationis, which will serve to find the place and the meaning of the aforementioned notions as seen through the prism of the procedure for receiving inheritance and possible consequences which may occur as a result of separate processes.

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ABOUT THE MANDELA RULES OF THE UNITED NATIONS (A/RES 70/175) AND THE ORIGIN OF ITS PRINCIPLES IN THE ROMANISTIC PERSPECTIVE

ABOUT THE MANDELA RULES OF THE UNITED NATIONS (A/RES 70/175) AND THE ORIGIN OF ITS PRINCIPLES IN THE ROMANISTIC PERSPECTIVE

Author(s): Jose Luis Zamora Manzano / Language(s): Bulgarian Issue: 2/2018

The Standard Minimum Rules for the Treatment of Prisoners constitute the universally recognized minimum standards for the management of prisons and the treatment of persons deprived of their liberty and have had immense value and influence in the development of prison laws, policies and practices In Member States around the world, in 2015 it was promulgated under the name Mandela Rules. In this study, we will analyze how some of its principles are already beginning to be glimpsed in Roman law in relation to improvement of the conditions of the confinement´s place.

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HUMANITAS IMPACTING IUS – THE CURIOUS CASE OF JUSTINIAN’S DIGEST. A LECTURE BETWEEN THE LINES OF HISTORY

HUMANITAS IMPACTING IUS – THE CURIOUS CASE OF JUSTINIAN’S DIGEST. A LECTURE BETWEEN THE LINES OF HISTORY

Author(s): Ionela Cuciureanu / Language(s): English Issue: 2/2018

A society in decline, an emperor who has the ambition to maintain the Empire on the top of the civilized world and a legal system that seems to lose its unity soon. These are, in an over – synthetized presentation, the conditions where the masterpiece arises. The information we have regarding this work are impressive, although not enough to scatter all the fog that surrounds it: 2 000 books (with a total of 3 billion lines) studied by the compilers – that is twice the volume of the Digest after it has been edited, 15 famous Law professors (under the guidance of Tribonian, “quaestor sacri palati” ) that excerpted the original works, a large amount of practical cases, mirroring the avatars of the Roman world – and all these in only three years. The complexity of the work, as well as the obscurity that surrounds some aspects of the process of its creation have given birth to various controversies between scholars. Consequently, should we be interested in the study of the Digest, we cannot ignore controversial issues as the theories regarding the existence of the so – called Predigests, and the different reasons that lay at their foundation. Moreover, the practical cases that the jurists give as examples to justify their sentences (and the sentences in themselves) are a source for the principles used nowadays in the legal system. Furthermore, the two ways in which the original excerpts of the classical authors were modified by the compilers – the interpolations and the glosses – also present a particular interest in the global analysis of the text. All things considered, it can be stated that the Digest represent one of Justinian’s key achievements, one of the works that crucially influenced the evolution of the humanity. But beyond their practical utility, they remain the symbol of the collective soul of a people that concurred not only land, but principles, not only by sword, but by the depth of spirit and by the greatness of culture.

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THE CHURCH AND THE STATE IN THE BYZANTINE EMPIRE:
THE HOLY AND THE PROFANE WITHIN SOCIETY

THE CHURCH AND THE STATE IN THE BYZANTINE EMPIRE: THE HOLY AND THE PROFANE WITHIN SOCIETY

Author(s): Ivanka Vasilevska / Language(s): English Issue: 2/2018

The historical and structural relationship between the Church and the Byzantine Empire form an important tradition. However, this topic is equally traditional, as it is current, especially in Europe. It addresses a particularly complex problem which contains in itself the elements of the relation between the Church and the Byzantine Empire. Specifically, we analyze the historical, cultural, legal, political and ideological aspects of these elements. In the present state of our knowledge, the byzantine life is seen as marked by constant change, although at the same time there was loyal adherence to certain traditions governing the outlook of both Church and Empire. As regards the Byzantine Empire, a specific relationship between Church and State is characteristic, so apart from the ruler who was chosen by the Lord himself, the role of the religious head was limited to the spiritual functions i.e. to the preservation of the purity of faith within the Church. Despite of this character of the relationships, the Emperor also occupied a special place in the church service. This mode of action of the Byzantine Emperor would later become known under the term of caesaropapism. It encompassed in itself the entire Orthodox ecumene which obediently received it.

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COGITATIO В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ДВАТА КОДЕКСА

COGITATIO В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ДВАТА КОДЕКСА

Author(s): Methody Shushkov / Language(s): Bulgarian Issue: 2/2018

The lexeme of cogitatio is mentioned in the various texts of the jurists to the classical era (Giulian – D. 32.59, Scaevola – D. 34.1.13.1, Paul – D. 47.2.1.1, 48.10.22, Ulpian – D. 48.19.18 etc.). There are many sources of post-classical law for the notion of cogitation: from Antonin Pius to Justinian. The leges imperiales on cogitation are more numerous than the iura of classical jurists. It is obvious that for imperial legislation the notion of cogitation is important in the phraseology of the imperial chancery. The article explores the continuity and discontinuity of the imperial notion with this of the iurisprudentes veteres.

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IMMUNITIES AND PRIVILEGES OF COLLEGIA AND CORPORA FOR PUBLIC UTILITY ACCORDING TO CALLISTRATUS “DE COGNITIONIBUS”
(D. 50.6.6.12)

IMMUNITIES AND PRIVILEGES OF COLLEGIA AND CORPORA FOR PUBLIC UTILITY ACCORDING TO CALLISTRATUS “DE COGNITIONIBUS” (D. 50.6.6.12)

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2018

The Roman law developed extremely sophisticated legal regulation regarding the social entities which can be considered as different corporative legal personalities consisted by physical persons. The organizations for public utility which subsisted during the entire existence of the Roman state are typical example for one of the particular aspects of the concept of humanitas realized with legal remedies. The Roman jurist Callistratus considers the immunity perceiving this term as an exemption from assuming functions or performing specific activities by the social entities. The immunity was granted to these associations divided terminologically in collegia and corpora. The foundation of these organizations was authorized by the Law. They were professional associations or such which were instituted to provide necessary service to Roman People. The immunity and the privileges were not conceded indifferently to all members but only to those who were actually active ones. In this number can enter persons of every age as the Emperor Antoninus Pius disapproved the discriminatory criteria that too old or immature people could not be inserted. Furthermore it was established that those who became rich and could stand munera, which the State imposed to them, could not take advantage of the privileges which the poor people had in the collegia.

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Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

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