Síťová analýza v právu: Síťové metody a jejich využití pro získávání a vyhledávání právních informací

Author(s): Tereza Novotná / Language(s): Czech Issue: 24/2021

This article aims to provide an overview of the use of network analysis methods in law and to discuss the use of these methods for legal information retrieval. For this purpose, it contains the theoretical basis for the functioning of network analysis, but the focus of the article lies more in the categorization of ways of using this method in the application to legal sources. The purpose of the overview is to emphasize the differences of this method from other statistical methods and especially to highlight its advantages. Based on these conclusions, the author discusses the suitability of using network methods for easier and more generally accessible legal information retrieval and suggests some specific methods of how network analysis could help in working with legal information.

Към въпроса за историкоправния анализ като метод на изследване

Author(s): Plamen Petkov / Language(s): Bulgarian Issue: 5/2022

The purpose of this article is to identify the place and the particular aspects of the Historical and Legal Method as a tool used in scientific research. In order to achieve this purpose, the ‘Analysis’ and ‘Summary’ Methods have been applied. In particular, a juxtaposition was also used when comparing the "Historical and Legal Analysis” with its variety of “Comparative Historical and Legal Analysis”. The productiveness of this method has also been established not only in legal but also in historical research. The spontaneous application of the latter in historical science was also ascertained. For the first time, the benefit of using the method as an interdisciplinary research tool on the watershed between law and history has been revealed in the theory.

Sprawozdanie z kursu „Local Self-Government and Fiscal Decentralisation in Europe”

Author(s): Gustaw Masznicz / Language(s): Polish Issue: 15/2022

Анализ на кохезията на законодателния текст в английски и български

Author(s): Diana Yankova / Language(s): Bulgarian Issue: 3/2005

Текстообразуване и структура на правната норма в английския и българския законодателен текст

Author(s): Diana Jankova / Language(s): Bulgarian Issue: 2/2005

The present study investigates particular types of legal qualifications, their textual patterns and structuring in legislative documents across two different legal systems - the codified Roman-law based legal system in Bulgaria and the common law and precedent based system in England. The hypothesis to be tested is that differences are reflected in the language used to conceptualize statutory provisions. The main aspects of the textual component of English and Bulgarian statutory texts, namely the (linguistic) structure and place of certain types of legal qualifications and their relatedness to preceding or following discourse will also be examined.

A Brief History of the Nekrasovite Cossacks and an Analysis of the Cossack Heritage in Romania

Author(s): Cristian ȘCHIOPU / Language(s): English Issue: 39/2022

The purpose of this paper is to make a contribution to the clarification of certain aspects regarding the origins of the Lipovans, the Russian-speaking minority group found on the territory of Romania, which have been long rumoured to be of Cossack origin. Despite having emigrated and cut off contact with their native lands, they have managed to maintain a distinct identity, culture and language over the centuries of separation from their ancestral lands, whilst also managing to integrate well into the new cultural context initially encountered in Ottoman-ruled Dobruja, and in Romania, later. The paper comprises a presentation of the historical contexts that have led to the migration of Russian speakers westwards, reaching the territory of modern-day Romania and the influence they have exerted on said territories. It includes specific cultural and linguistic exemplifications supporting the Cossack origin thesis of the Lipovan population of Dobruja.

The Heroine with 1001 Faces by Maria Tatar, Liveright Publishing Corporation, USA, 2021, 368 p.

Author(s): Raluca-Marina NICOLAE / Language(s): English Issue: 39/2022

This book explores the notion of heroism from the feminist point of view by tackling notions such as curiosity and knowledge, deeds (masculine approach) vs stories (feminine approach), creativity (at the beginning limited to the domestic area) and inquisitiveness. It also reveals uncomfortable truths about how abuse, abduction, mutilation and torture forced women into silence. Moreover, the author points out that words have the power to resist injustice and that feminine heroism means the courage to break the silence and start telling ‘your’ story through different channels (weavings, books, social media etc).

РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.

IUS EMPHYTEUTICARIUM IUS TERTIUM SIT

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2022

The article is devoted to some discussion problems related to the characterization of ius emphyteuticarium, which appears to be too specific (sui generis) and different from the traditionally defined real law and law of obligation. For this reason, in the constitution of the emperor Zeno (CJ.4.66.1), from which the fragment that served as the title of the article, this right is called ius tertium. However, it is not an innovation in the post-classical period, but is the result of the development of the Roman legal concept of public property and its management since the archaic period, it has its design in the so-called duplex dominium during the time of the Republic and the Principate and passed into medieval law in the system of divided ownership (dominium divisum).

ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

ОТКАЗ ОТ СУБЕКТИВНИ ВЕЩНИ ПРАВА ВЪРХУ НЕДВИЖИМИ ИМОТИ – СЪЩНОСТ, ФАКТИЧЕСКИ СЪСТАВ И ПРАВНО ДЕЙСТВИЕ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2022

The present study discusses issues related to the relinquishment of the right to property, provided for in Art. 100 of the Property Law, and of property rights over a third party’s property as legally regulated manner of disposing of the right to property. The aspect in consideration is the two-element mixed factual composition of the renunciation of the property right, provided for in the law: the unilateral declaration of will of the holder of the right, aimed at its termination on a given immovable property and its registration. A general consequence of the renunciation is that the property becomes unowned, but there is no direct regulation by whom and by what means it is acquired. Both the relinquishment of a co-owner of their ideal part of property and the relinquishment of an owner solely of their ideal part of property have been considered. The emphasis of the exposition is placed on the effect of the entry of the waiver of a subjective right, as well as on the consequences of an actual waiver of a property right under Art. 100 of the Property Law, mainly on basis of whom the right belongs to after such a waiver. Inquiry is placed on the suggested permits, that the properties, for which a consent is given to waiver of property rights: increase the shares of the other co-owners; remain unowned and subject to conquest; become state, respectively, municipal property. An original claim that such properties become state/municipal property is substantiated by application by analogy of Art. 11 of the Law of Succession and of texts of particular laws, apart from the foreseen prospect for the municipality to seize the property and acquire it by prescription.

ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2022

The article examines the real aspects of municipal property. It is indicated that the main reason for distinguishing municipal property as a separate type of property is the municipality as a legal entity and its peculiarities. It has been noted that the complex structure of the municipal body determines the need to designate different bodies to deal with municipal property - Municipal Council, mayor of a municipality, mayor of a district and mayor of a town hall. The issue of so-called "management" as a specific mechanism for redistributing rights and responsibilities in connection with the entrustment of municipally owned objects was examined. The specific methods for acquiring municipal property are specified, as part of its features.

ИСКЪТ ПО ЧЛ. 76 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА

Author(s): Kalin Dobrev / Language(s): Bulgarian Issue: 1/2022

The article reveals the nature and the application of one of the main claims for defense of possession - the claim under Art. 76 of the Property Act (PA). The claim originates from the canon law, where it was known as actio spolii. The claim under Art. 76 of the PA protects the deprivation of possession, carried out in two qualified forms – by violence or in a hidden way. The current article draws attention not only to the main theoretical views, related to the nature and application of the claim, but also to the contemporary views and the application of the claim in the case law. The article also shows the author's personal opinions on issues differently interpreted in the theory and the case law. In the light of the abovementioned, the article may be useful to both theorist and practicing lawyers.

КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

Author(s): Teodora Trifonova / Language(s): Bulgarian Issue: 1/2022

This article discusses the specifics of the ownership of the land in which a building is constructed in Condominium ownership, when the land is considered to be a common part and when it is held in a co-ownership regime, how the ownership of the land affects the manner of its use, management and disposal.

Akty prawa międzynarodowego dotyczące odpowiedzialności karnej w prawie ochrony środowiska w kontekście środków penalnych przewidzianych w prawie polskim

Author(s): Rafał Fic / Language(s): Polish Issue: 2/2022

The subject of the article is, first of all, the presentation of legal acts adopted by the international community as part of the fight against environmental degradation, with particular attention to Directive 2008/99/EC of the EP and of the Council on the protection of the environment through criminal law. The most important regulations of these legal acts were analyzed, with an indication of the penal measures proposed by the international legislator aimed at protecting the legal good, which is the natural environment. The evolution of legislation in this area will also be presented. In the following part, the catalogue of criminal law tools resulting from the above-mentioned acts has been compared with penal measures used in Polish criminal law in response to crimes against the environment, with an indication of the prospects for the development of legislation in the discussed area.

Czy europejska inicjatywa obywatelska może służyć zmniejszeniu deficytu demokratycznego w Unii Europejskiej? Uwagi na podstawie wniosku Minority SafePack

Author(s): Joanna Kielin-Maziarz / Language(s): Polish Issue: 4/2022

The article attempts to answer the question about the role that the European Citizens’ Initiative (ECI) plays in reducing the democratic deficit of the Union. The effectiveness of this institution has been analysed using the example of the Minority SafePack – a proposal to adopt amendments that would serve to ensure greater protection of the rights of national and linguistic minorities and to strengthen cultural and linguistic diversity in the EU. The text analyses the reasons why the Commission took a negative stance. On the one hand, the subject matter of the proposal itself is one of them. The European Union, in its justification, states that it has no competence in relation to many of the proposals contained the initiative. In addition, there is also a general reluctance of the EU to deal with minority problems, mainly due to the fact that they involve issues that are sensitive to the Member States, such as national identity and linguistic diversity. On the other hand, the rejection of the proposal is an expression of a general tendency. The Commission is very sceptical about applications submitted under the ECI, refusing to register them to a prohibitive extent. This state of affairs certainly does not allow the ECI to be described as an effective tool that contributes to the reduction of the democratic deficit in the EU.

David M. Farrell, Jane Suiter, Reimagining Democracy: Lessons in Deliberative Democracy from the Irish Front Line. Ithaca and London: Cornell University Press, 2019

Author(s): Joanna Podgórska-Rykała / Language(s): English Issue: 4/2022