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THE GUARDA NACIONAL REPUBLICANA 4S PATH: A STRATEGIC APPROACH FOCUSING ON HUMAN LIFE

Author(s): Adérito Rodrigues,Adriana Martins,Annabella Almeida / Language(s): English Issue: Suppl./2020

The pandemic caused by the SARS-COV-2 virus not only accentuated the responsibility of the Security Forces to protect human life but also challenged the ability to manage change that, in a highly demanding environment, lacks integrated approaches that would enhance the collective and cooperative effort to share a common commitment. The Portuguese Guarda Nacional Republicana has guided its action according to the 4S strategic path, based on security, safety, social and support pillars, and on integrated strategic planning that, achieved by joint, preventive, educational awareness-raising and intervention actions, and by current proximity patrolling, have enabled obtaining social support and protecting military personnel lives and citizens lives. These tools simultaneously improve operational synergies enhanced by close cooperation and collaboration relations with several partners, doing justice to the premise that together we are capable and thus preventing anyone from falling behind.

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Doktrynalne podstawy duńskiego zaangażowania w państwach Zatoki Gwinejskiej

Author(s): Grzegorz Rdzanek,Aleksandra Kusztal / Language(s): Polish Issue: 2/2020

The purpose of this article is to provide an analysis of the doctrinal rationale – doctrinal roots behind Denmark’s involvement in the security of the Gulf of Guinea region in West Africa. The subject of the considerations is, above all Denmark’s military support’s strategic goals to selected countries in the region. Taking into account the military potential of the Kingdom of Denmark and the possibility of projecting military force beyond the borders of Europe, Denmark’s active military involvement in West Africa should be considered a unique type of international use of armed forces in order to pursue the vital interests of the state, including security interests. In the article, the authors attempt to learn and discuss the formal factors that influence and motivate Denmark’s participation in bilateral and multilateral cooperation with the states of the Gulf of Guinea in the field of international security. The authors’ attention is focused primarily on the most important Danish documents that set the directions and nature of the state of Danish security policy, including the scope of the use of armed forces in relations with the outside world, from the beginning of the second decade of the 21st century. The authors use the qualitative analysis of sources and critical content analysis, mainly of Danish doctrine and strategy documents. The aim of the study is to find an answer to the question: What are the premises and interests that shape the foundations of Danish involvement in the Gulf of Guinea?

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THE CURRENT POSITION OF THE FOREIGN TERRORIST FIGHTERS IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Ice Ilijevski,Katerina Krstevska Savovska / Language(s): English Issue: 1/2021

Terrorism with religious ideological background today is a serious global threat. The modern infrastructure and the communications of movement allowed terrorist organizations to be able to attack everywhere in the world. The issue that is a point of interest of this paper is the current situation of returning the foreign terrorist fighters to their home country or third countries and the security consequences that may arise if they are not treated properly. For a more detailed perception of this problem through the case analysis – an operative police action related to the foreign terrorist fighters, the functional aspects of the criminal prosecution bodies of the Republic of North Macedonia will be better perceived and studied. Also, a special emphasis will be placed on the strategy for the fight against violent extremism and the financing of terrorist fighters.

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The Corona warning APP of the German Federal Government

Author(s): Robert Müller-Török,Alexander Prosser / Language(s): English Issue: 02/2021

Since June 17th, 2020 the Corona Warn App of the German Federal Government has been available for download. After a sharp increase downloads stagnate around a total of 20 million, which is roughly one fourth of the population. Whether everyone who downloaded it actually uses it, is questionable. Objectives We want to show that the underlying concept of an app is questionable, even if each inhabitant with a smartphone downloads and uses it, it would cover barely half of each encounter where COVID-19 could actually be transmitted. Prior work This work is the scientific, extended version of a short article we published in the September 2020 issue of the “Behördenspiegel”, a monthly magazine covering German public administration issues. Approach We use statistical methods to show that, (i) even in the very best case with a perfectly working app the coverage would have been roughly half of all relevant encounters (ii) and that the voluntary usage of this app as well as the free decision of the infected individual to publish its (anonymized) data to warn others in fact reduces any effectiveness considerably. In addition we show that (iii) due to the design of the app there is a likely limit where the app will not be able to warn its users for mathematical and cryptographical reasons. Results We demonstrate by statistical means that this app could never have worked and why similar apps neither would work, let aside probably the “Trace Together” initiative of Singapore, which is based on a combination of an app plus physical tokens for those who do not own nor use smartphones (https://www.tracetogether.gov.sg/). We define some requirements a successful COVID-19 tracing solution must fulfill. Implications We show that such apps are not a solution for the problem, rather an obstacle to a real solution, because they lull their (few) users into a false sense of security which is obviously wrong, based on real figures. Value The paper contributes to transparency of government action during the COVID-19 pandemic. We show that other ways of contact tracing must be pursued in order to be effective and hinder the pandemic from escalating rather than providing a false feeling of safety.

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TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

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„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

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THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

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ГЛАСЪТ НА ЖЕНИТЕ В РИМ. ИСТОРИЯ, КОЯТО РАЗРУШАВА МЪЛЧЕНИЕТО И НЕРАВЕНСТВОТО

Author(s): Amelia Castresana / Language(s): Bulgarian Issue: 2/2020

Nowadays, on the iconic date of March 8th, thousands of women and men fill the streets of our cities to make visible gender inequality. In such a feminist mobilization, voices are raised against the pay difference and the discrimination in the workplace, domestic and sexual violence, and calls in favor of equality between men and women are written in capital letters. Everyone listens, reads, understands and shares these legitimate demands of women. However, these demonstrations have their origins in Ancient Rome. More than 2000 years ago, Roman women went to the streets to protest publicly against sexual violence and abuse of power by men. The article traces the various stages of this protest, as well as in particular the measures regarding the exclusion of women from political life and the restriction of their labor initiative.

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ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

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NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

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DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

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THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

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IL CONCETTO DI ACQUISIZIONE DELL' EREDITÀ NELLA PRATICA DELLA CORTE SUPREMA DELLA BOSNIA ED ERZEGOVINA DURANTE L'AMMINISTRAZIONE AUSTRO-UNGARICA

Author(s): Mirza Hebib / Language(s): Italian Issue: 2/2020

The complexity and heterogeneity of private law in Bosnia and Herzegovina during the Austro-Hungarian period manifested itself mainly in the field of inheritance law. This area has been described in the literature as an "intricate branch of law". Which law the courts would apply when resolving inheritance cases depended, on one hand, on the legal nature of the item (property) that entered the inheritance, and on the other hand, on the position, i.e. religious affiliation and citizenship of the testator. Regarding the system of acquiring the inheritance, the prevailing opinion was that the inheritance ipso iure passed to the heirs and that there was no time interval from the death of the testator to the taking over of the inheritance by the heirs. However, there were still situations where inheritance acquired legal person status by presenting itself as a party to the legal proceedings. In the context of the application of Austrian Civil Code and the influence of the Roman legal tradition, the article analyzes the evolution of understanding of the concept of acquisition of the inheritance in this period.

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LA SOCIETÀ IN DIRITTO BULGARO E LA SUA ORIGINE NEL DIRITTO ROMANO

Author(s): Stoyan P. Ivanov / Language(s): Italian Issue: 2/2020

The aim of this article is to examine and to outline the origin of the contract of societas (partnership) in actual Bulgarian law in Roman law and to present it like a typical example of an institute received by the Roman law towards the Western European codifications of the private law from XIX century. The author makes the conclusion that the contract of partnership in Bulgarian legal system according to the Law of obligations and contracts and the constant interpretative practice of Bulgarian Supreme Court of Appeal follows the genuine Roman law tradition being that a bilateral or multilateral contract with the objective to realize profits for the partners (economic goal), which creates only internal relations without any external effect and without the establishment of an independent legal subject – legal personality.

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DALLA CULTURA DELL’'EDUCAZIONE DELL'ANTICA ROMA ALL'INTEGRAZIONE DEI MINORI STRANIERI E ALL'EDUCAZIONE MULTICULTURALE

Author(s): Carmela Zaffino / Language(s): Italian Issue: 2/2020

From Rome come the educational and humanism principles that inspired our culture. In light of these principles, the problem of immigration is analyzed in particular of foreign minors, who have made up a significant part of the migration phenomenon in recent years. The educational debate on multiculturalism that has been addressed among researchers wants to overcome the concept of emergency policies and aims to address reception in a systematic way. In the foreground, action must be taken to improve inclusion practices and that must be dealt with organically in order to implement the constitutional principle of the right to study. In the part that deals with intercultural education, pedagogical science, in an attempt to respond to various needs and different educational realities, aims to implement the regulations on multicultural education. The work outlines some of the main laws enacted for the regulation of the migration phenomenon and the school legislation envisaged for the inclusion of foreign minors.

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ПОМИЛВАНЕТО В РИМСКОПРАВНАТА ТРАДИЦИЯ

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2020

The article studies the scope of application, the legal effects and the legal and political concept of pardon as an instrument for full or partial abolition of an imposed penalty in Ancient Rome Empire focusing on both normative resources and historical evidence of the manner in which the institute has been practiced. By outlining both permanent characteristics of pardon which have survived to the present times and features which have changed together with the change-related factors, the analysis contributes to the establishment of a common understanding of the institute.

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CIVIS ROMANUS SUM

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2020

Citizenship is a political and legal relationship between a person and a state. The expression Civis Romanus sum! declares the full realization of the rights of the Roman citizen in the Roman state and guarantees him immunity during his stay outside Rome. This understanding of citizenship is carried over into the modern state and as an social institution has played an important role. In Roman law Status includes three main elements inherent in every person – freedom (Status libertatis), Roman citizenship (Status civitatis) and marital status (Status familiae), and the change in this status leads to loss of civil rights (capitis deminutio). The modern elements of the status of Bulgarian citizens will also be considered.

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ЕТИЧНИТЕ КОМИСИИ ПРИ НАУЧНИТЕ МЕДИЦИНСКИ ИЗСЛЕДВАНИЯ ВЪРХУ ХОРА – МЕЖДУНАРОДНОПРАВНИ АСПЕКТИ

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2020

The subject of analysis is the international legal regulation of the activity of the ethics committees of scientific medical research with human beings. The focus of the analysis is on The Declaration of Helsinki of the World Medical Association on Ethical Principles in Human Clinical Trials (of 1964), The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the so-called Oviedo Convention) and The Additional Protocol of 2005 to the Convention on Human Rights and Biomedicine on Biomedical Research.

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TRADITION DU DROIT ROMAIN EN TERMINOLOGIE JURIDIQUE

Author(s): Tihomir Rachev / Language(s): French Issue: 2/2020

Roman law influenced the continental European legal systems not only by the reception of fundamental institutes, but also by the reception of basic legal terminology. Most of the Latin legal terminology is common to the European languages, which is an advantage for the legal education and the practice of the international institutions, issuing their acts in different languages. Being in use out of the context of Roman law, some of the Latin terms received different meaning. Thus in modern times some of the Latin terms are used in very different sense. This scientific report is aimed to examine some of the Latin terms both in public and in private law by comparing their original and their modern meaning in the context of the Roman legal tradition.

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АPPELLATIONEM SUSCIPERE – ДИСКРЕЦИЯ И ФОРМАЛИЗЪМ В ПРОИЗВОДСТВОТО ПО ДОПУСКАНЕ НА ОБЖАЛВАНЕТО В РИМСКОТО И В СЪВРЕМЕННОТО БЪЛГАРСКО ПРАВО

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2020

The article concerns a formal and discretionary powers of iudex a quo and iudex ad quem in the procedure of the admission of appellatio in Roman law and contemporary bulgarian law. In Roman law the iudex a quo also has some discretion in this procedure-contrary to contemporary civil procedure in Bulgaria. Discretion is granted implicitly only in favor of the Supreme Court.

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