The Bolsheviks had revolutionary conceptions of creating a revolutionary law, totally different than the bourgeois law. The revolutionary law was to exist only in the temporary period on the way to communism. According to Marks’ and Lenin’s conception, the country and law were to vanish completely in communism. Revolutionary conceptions and revolutionary law started to get civilised and closer to European solutions in the half of the 1930s. Paradoxically, a gradual civilization of the revolutionary law started in the period of the biggest Stalin’s terror. The reality and law norm were divergent to the greatest extent.
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The article brings the verdict of the District Military Court in Rzeszów to people accused of committing offences against the state from 86 article of the criminal code of the Polish Army closer, namely, an attempt to change the system of the country or remove the organs of the authority violently. The very court claimed that proving any connection to the WiN association, including casual social contacts with the association members, was the basis for ascribing the crime to them from the 86 article of the criminal code of the Polish Army and the guilty verdict. The court did not take into account the fact that the activity of some convicts was not connected with the aim to use violence, and proved organizational activity was limited to reading WiN press or taking part in organizational meetings. Strict verdicts of people who were proven even casual contacts with the WiN organization, seem to prove that the court used 86 article of the criminal code of the Polish Army to eliminate political opponents from the society.
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Skrzetuski’s considerations on confederations were very general in nature whereas the author of Prawo polityczne narodu polskiego is portrayed as their opponent. Within his, momentarily very general, description of the history and ways of functioning confederation in the former Republic, he shows his moderate views treating confederation as the necessary evil. It is different in the case of liberum veto, which he criticises after Konarski, though also in this case there is the lack of a directly expressed postulate of a total elimination of this institution.
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The end of World War I, dissolution of multinational Austria-Hungary and consequent formation of independent national states, borders of which were internationally guaranteed in the peace Treaty of Versailles, affected law development in the territory of Slovakia. These facts were not from the viewpoint of private law as substantial as revolution acts of 1848/1849; however, they meant minimally a change in State and legal conditions, usually connected more or less with efforts to create new, mostly “national” law and a legal order. The revolutionary formation of the Czechoslovak Republic did not provide the time needed for creation of materially new law, and thus the institute of reception of law found its application, principally necessarily, meaning that from the material or contentual viewpoint the legal order of the newly established Czechoslovak State was identical to the legal order of the ceasing to exist Austria-Hungary, except for necessary changes related to the changes of the State and legal conditions. With regards to the fact that the legal order of Austria-Hungary was not internally, formally or materially the same, reception of law content determined existence of two legal areas in one, often claimed to be unitary, State. The author was interested in the legal area of Slovakia, where as consequence of reception former Hungarian legal norms (transformed to Czechoslovak norms valid in the territory of Slovakia) remained valid; and in its framework sources of private law, in particular specific for the Hungarian legal order — the legal customs and binding decisions of the Hungarian Supreme Court (the so-called curial decisions).
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The issue of the organizational unification of administrative structures constituted one of the most discussed subjects in the legal-administrative literature of the 19th century. Two contradictory systems of the organization of the public administration, a real and provincial one, were analysed in terms of its advantages and disadvantages. A real system was understood as a subjective division of duties of the state administration into selected organizational structures of the organs subject to a given department at the central level. The problem of mutual relations between central and local organs of the administrative management of the country combined the subject of the real and provincial system with the issue of centralization and decentralization of administration. The theory of the administrative law combined the real system with the model of centralized administration, seeing in it an organizational system, consisting in a hierarchical arrangement of the whole administrative apparatus to one or several central organs in which the lower-level organs are deprived of an organizational independence while their activity is subject to a constant interference of superior organs. The issue of centralization and decentralization was tightly connected with concentration and deconcentration. The 19th century theory of an administrative law mixed the very notions, identifying concentration with centralization and deconcentration with decentralization. However, concentration was understood as a concentration of decisive competences only under the administration of central organs, especially the ministers. In consequence, deconcentration was treated as a form of centralized administration, characterised by a specific type of relations of a hierarchical interdependence between the organs functioning in decentralised structures.
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The basis of the consensus buy-sell agreement was the bona fides of both parties. When making an agreement, both a buyer and seller were required to be careful because any manifestations of inadequacy and dishonesty grew a property liability of both parties. Client’s careless behavior could consist in a conscious action to the detriment of the partner (dolus), as well as negligence (neglegentia). Judges have referred to the term bona fides since the second century BC when evaluating the situation in which making an agreement was connected with dishonesty of one of the parties, and a conscious harm done to the second client, in order to justify the overruling of the client’s obligation, to signify such carefulness that reflects the scope of agreement liability typical in a given case. Each of such behaviours could be defined as incongruent with bona fides. Such adjudications were to serve the protection against damage resulting from agreement making, providing honesty of the turnover via increasing the scope of liability and excluding the advantage of the one making an agreement conscious of doing harm to the client. The process of charging the seller with liability irrespective of his/her good or bad intentions if provided the buyer with defective goods the existence of which the buyer was not aware of has been traced since Justinian’s times. Taking into account the role of bona fides when evaluating a buying-selling agreement and principles concerning seller liability one can make a statement that bona fides played a Basic role in a Roman emptio — venditio agrement.
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District Military Courts (DMC) were erected on the basis of a secret organizational command no 023, issued by the Ministry of National Defense on January 20, 1946. The prototype of the DMC were the Soviet tribunals of the People’s Office for Interior Services. The subjective quality of the DMC covered the officers of the public security, the Citizen’s Militia officers, The Internal Security Corps soldiers, and officers of the prison service. The DMC was also used to adjudicate in cases of civilians accused of political crimes, which makes the DMC a repression organ against the opponents of the communist authority. The structure of courts and organization of work was based on the official subordination typical of a military unit. District military courts were under the control of managers having an administrative supervision over the activity of the court, and professional one over all workers of the court. The content duties belonged to judges. The Polish Committee of National Liberation Decree from September 23, 1944 — The law of the system of military courts and military prosecutors did not provide any demanding requirements to the candidates for judges. The basic criterion of the choice of the personnel was political qualifications, not education. The very phenomenon was especially visible starting from 1948 when pre-war lawyers were exempted from the service of justice. The judges who the communist authority did not trust, were replaced by the staff educated in the People’s Republic of Poland. A chain of military courts was closed in line with enacting an act from April 5, 1955 on transposing the quality of military courts in terms of criminal cases of civil citizens, officers of the organs of the public security, the Citizen’s Militia and prison service on common courts (Dz.U. nr 15, poz. 83).
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Keywords: Schrifttum; Zeitschriftenumschau und Gesetzgebung
Schrifttum, Zeitschriftenumschau und Gesetzgebung
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Keywords: Slowenien; Minderheit
Welche Rechtsstellung genießen in Slowenien die Angehörigen der Nationalitäten aus dem ehemaligen Jugoslawien? Wie und inwieweit unterscheidet sie sich von derjenigen der autochthonen Minderheiten? Die normative Regelung unterscheidet sich deutlich, denn für die italienische und ungarischeMinderheit regelt die Verfassung eine Sonderbehandlung, Bereichsgesetze gibt es darüber hinaus für die ansässige Roma-Bevölkerung.Die Zugewanderten werden auf die Grund- undMenschenrechte und auf Kulturabkommen mit den Herkunftsländern verwiesen. Janez Obreza, Direktor des Volksgruppenamtes der slowenischen Regierung, analysiert für Sie den rechtlichen Rahmen, zeigt aber auch, dass über die Förderung und Unterstützung seines Amtes und anderer Stellen die rechtlichen Unterscheidungen zwischen autochthonen und zugewanderten Minderheiten mehr und mehr verblassen. Eine an sich erfreuliche Tendenz.
More...Keywords: Monetary policy; fiscal policy; structural VAR; multi-country model.
With the renewal attention relate to the economic performances and economic integration in the economies of the developing countries, specifically in the CFA zone, the fundamental questions like the interaction between the monetary and budgetary policies resulting from a monetary area and the transmission of the asymmetrical shocks coming from outside constitute focal points on which the macroeconomic policies are centered. The results of the interactions modeling between monetary and budgetary spheres highlight the sensitivity of two zones UEMOA and CEMAC to the macroeconomic shocks. The fiscal policy appears as a substitute to the monetary policy in the UEMOA whereas it is complementary to the monetary policy in the CEMAC. The monetary policy in general complies as a Taylor rule in the two zones.
More...Keywords: corporate governance; ownership; disclosure; banking; Romania; UK.
The purpose of this study is to provide an argued answer to a controversial question “How much can we trust in banks?” Focusing on the Romanian banking environment, our paper is aimed to perform a comprehensive analysis of corporate governance disclosure on the financial system by comparison with UK listed banks – focusing on information about ownership. For achieving this goal a specific tool – the disclosure scorecard – was developed, being aimed to measure the degree of transparency provided by listed banks through their annual reports. The results of the comparative analysis allowed us drawing justified conclusions for the topic considered – banks’ shareholders. Through the recommendations made at the end of analysis performed, our study does not only add value to research literature on corporate governance topic, but also stands as a handbook for practitioners as well, providing them key-issues useful for improving corporate governance disclosure framework. Moreover, the results of our study might infirm or confirm various stakeholders’ assumptions upon their trust in banks’ transparency, too.
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