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The author presents the principles of inheriting immovable property in ABGB. Within the inheritance law in ABGB the notion of immovable property was infrequently evoked, as immovable property was not differentiated from other elements of the legacy. The regulations concerning inheriting immovable property in ABGB did not form any coherent system. The legislator mentioned them in the context of regulating certain institutions of inheritance law: substitution of trust, family trust, legacy, legitime, and inheritance. The author provides a detailed discussion of mentioned cases, at the same time presenting the views of the most prominent experts on inheritance law, the Cracovian scholars: Stanisław Wróblewski, Fryderyk Zoll (the elder) and Kazimierz Przybyłowski. All this is set against the background of French inheritance law which operated in the Kingdom of Poland at that time.
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The article concerns the application of the Austrian Civil Code (ABGB) in the period of the Second Republic of Poland. The paper has three sections: preliminary issues; ABGB and case law; and final conclusions. The first section refers to the application of the Austrian Civil Code during the First World War, when a dramatic drop in purchasing power of the circulating Austrian currency took place in the region of Galicia. The second section discusses the then jurisprudence, based on the Civil Code of Austria (ABGB), which displayed a valorisation trend, despite the prevailing principle of monetary nominalism. In particular, the prevalent theory of private law and, in particular, the theories of F. Zoll, had a great impact on the subsequent fate of Polish valorisation regulations after the First World War. This primarily regards the regulation of the President of the Republic dated 14 May 1924 on the recalculation of private legal obligations named after its principal designer – lex Zoll, including a subsequent regulation contained in the regulation of the President of the Republic of Poland of 27 October 1933 called the Code of Obligations, including in art. 269 the rebus sic stantibus clause. In the last section, the author draws attention to the impact of ABGB, and specifically eminent jurists from Galicia, such as E. Till, F. Zoll, and K. Przybyłowski, on subsequent regulations, including directions in theory of law – the school of “free law” (Freirecht) or the school of “free scientific exploration”. It is worth noting that modern private law arrangements introduced in the 1990s to the Polish Civil Code of 1964, in the form of a rebus sic stantibus clause, have their source in the inflationary experiences after the First World War and Polish jurisprudence based precisely on the Civil Code of Austria (ABGB).
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Apart from the Constitution of May 3, the achievement of the Four-Year Sejm, or the Great Sejm of 1788–1792 included a group of laws which, together with the Constitution, were to form the principal framework of the legal system of the reformed Republic. These laws concerned the legal situation of the townspeople, the range of the direct democracy (the law on sejmiki, or local parliaments), the functioning of the Sejm, the relation between the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania (uniform state), the administration of justice, the army, the police, and the tax system. The outbreak of the Polish-Russian war caused the suspension of the Sejm proceedings, and the King’s joining the Targowica Confederation, as well as the subsequent defeat, squandered the legislative efforts of the Great Sejm and its attempt at a general reform of the political system and law of Poland
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The change of written regulations of the municipal law, according to principles included in a gloss to the Magdeburg Weichbild and the Sachsenspiegel, required the consent of the town owner. In the case of towns belonging to the royal domain, the change required the king’s acceptance, in the form of approving the regulations prepared by the town burghers. Although the formal approval of the regulations made the king involved in the legislative process, his function cannot be understood as connected with any intentional legislative activity. As it turns out, the initiators of the changes in private law were the burghers themselves, who observed new legal solutions in other towns and, when the need arose, prepared projects of resolutions reforming the law. In smaller towns, this duty belonged to municipal scribes, who had to have an at least intermediate knowledge of law and, drawing on their professional practice, would point out the flaws and shortcomings in existing regulations. In the case of Ciężkowice resolution of 1550 and Biecz resolution of 1595, an interesting phenomenon can be observed, consisting in borrowing legal solutions, however, not mechanically, but to an extent that met the needs of the town community. The majority of the regulations in Biecz resolution was derived from the Cracovian laudum of 1530. The Biecz town statute (wilkierz), in turn, was a compilation of the Cracovian laudum and Ciężkowice resolution. It is an notable case of borrowing legal solutions from a city (i.e. Ciężkowice) with which Biecz remained in an economic conflict over nearly the whole 16th century. The Ciężkowice statute (wilkierz) abandoned the division of inherited property into gerada, hergewet and dziedzictwo, regulated the question of inherited debts after the Cracovian pattern, raised the problems of ius propinquitatis, and contained detailed administrative regulations, including those concerning the maintenance of the municipal school.
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The Czech history of the second half of the 20th century is marked by a number of historical twists which suppressed the public discussion of past history; however, the discussion was sometimes possible in the form of allusions. This essay focuses on one of those discussions; i.e. the one organized by Plamen magazine in 1969. The participants knew that they could not openly express their opinions on the invasion of the Warsaw Pact armies in August 1968. Thus, they used the 500th anniversary of Niccolo Machiavelli´s birth (1469–1527) to both recollect his personality and his work and to discuss the question of whether small countries were allowed to defend themselves against big ones. The message and topicality of the discussion constituted an unambiguous criticism of the Soviet Union, which claimed supremacy over its neighbors: its bloc.
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The aim of the study is to present the origins of law and the way of teaching of law in Republican Rome, which – as a mode of teaching – started with the moment of laicization of law and jurisprudence itself, and which survived in an almost unchanged form until the end of the Principate era. Therefore, one can speak of a tradition, lasting over several centuries, of direct and oral teaching of law, that resembles a paradigm of teaching in Hellenic and Hellenistic philosophical schools, formed the circles of members faithful to a teaching formula consisting in the primacy of dialectical methods, introduced and elaborated by their founders, such as Parmenides, the sophists, Isocrates, Plato, Aristotle, or Zeno of Elea. This paradigm of teaching in the form of the dialogue – a discussion of the teacher with the student, along with the Greek educational paradigm of paide…a, became a model for organizing the lower and higher education in the entire ancient world. In accordance with the mentioned paradigm of the “knowledge transfer,” in Republican Rome the oral model of transfer of legal knowledge, based on the direct contact of the master and the disciple, was adopted, according to which the master – a legal practitioner, in the form of oral communication (docere), and with the help of precise examples of specific decisions concerning legal problems, taught his disciples, called auditores (hearers), who, afterwards, followed, as qualifying jurists, their master’s paths, taking over and expanding the concepts provided by him, or repeatedly rejecting them and formulating their own ones. Such verbal style of “making science,” such a specific dialectics of a master and a disciple, taking the form of telling legal stories and resolving legal cases, listening and questioning, and operated in the formula of a dialogue or discussion, where the word was the axis of the bearing capacity of legal knowledge and legal culture, transformed in subsequent periods into scientific discussion, extremely important for the development of any science. In this way, one can speak of the continuity of certain scientific concepts and methodological relationships between successive representatives of Roman jurisprudence. These representatives began even to form specific law “schools” (scholae/sectae), consisting of, just as Hellenistic philosophical schools did, the master and auditores, which during the late Republic was reflected by the scientific discussion between two greatest jurists of the epoch, Quintus Mucius Scaevola pontifex and Servius Sulpicius Rufus, and then between their students – scholars called auditores Mucii and auditores Servii, and which had its final in the next epoch, in the formation of two scholae – Sabinians and Proculians.
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La data de 27.02.2006, Judecătoria Sectorului 2, București, în baza art. 11 pct. 2 lit. a Cod de procedură penală raportat la art. 10 lit. d a Cod de procedură penală l-a achitat pe inculpatul Sorin Roșca Stănescu sub aspectul infracţiunilor de calomnie prevăzute de art. 206 Cod penal cu aplicarea dispoziţiilor art. 33 lit. a Cod penal faţă de partea vătămată Dan Voiculescu. A respins acţiunea civilă exercitată de partea vătămată-parte civilă ca neîntemeiată. În baza art. 193 alin. 5 Cod de procedură penală, Curtea a obligat partea vătămată la plata către inculpat a sumei de 650 USD, echivalent în lei la data plăţii, reprezentând cheltuieli de judecată provocate de prezentul proces.
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În cursul sesiunii 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe şi William Harper au introdus o acţiune în justiţie pentru a-l determina pe James Madison, Secretarul de Stat în exerciţiu, să motiveze de ce un ordin de injoncţiune mandamus nu ar fi emis de către instanţă, pentru a-l obliga să le înmâneze ordinele de numire pe funcţiile de judecători de pace în Districtul Columbia. În genere, se insistă asupra celei de-a doua părţi a deciziei Marbury, justificarea clasică a controlului constituţionalităţii legilor. Ca o posibilă cheie de lectură, în privinţa chestiunii controlului de constituţionalitate, cititorul poate cu folos juxtapune celebra formulă a lui John Marshall: „Este în mod evident domeniul de competenţă şi îndatorirea puterii judecătoreşti să stabilească (să spună) ce este legea”, cu la fel de celebrul pasaj din „Predica în faţa Regelui” a Episcopului Hoadley (Londra, 1718): „[O]ricine are autoritate absolută de a interpreta orice lege, scrisă sau nescrisă, este Acela care e cu adevărat şi în toate privinţele Legiuitor; iar nu Acela care a dat acele legi.” Aceste două pasaje oferă puncte de reper complementare pentru o reflecţie asupra importanţei şi deficienţelor contenciosului constituţional şi administrativ.
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Born and raised in Kalamata, a small city to the south-west of Athens, Greece, I could never imagine that one day I would somewhat presumptuously undertake to jot down a short autobiographical note (nor for that matter that anyone would be interested in reading it). As it often happens, my involvement in the field of Roma rights was the result of a series of (fortunate) accidents. Following my failure in the Greek University Admission Examinations, I migrated to the United Kingdom to study at the University of Essex. My efforts during the first two years were devoted solely on passing my exams, and it would be only in the third and final year of my LLB that I would first get a glimpse of the human rights world and decide that this is what I would like to explore further.
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Two thousand and seven could well be described as the year of vindication for the ERRC. During the past year, the European Court of Human Rights (“the Court”) issued a number of very important judgments on applications brought forward by the ERRC exclusively or together with other NGOs. Among them, the Grand Chamber’s judgment (overturning the Chamber’s judgment) in the application D.H. and others v. The Czech Republic can only be considered one of the most far-reaching judgments ever handed down by the Court, on a number of issues ranging from segregated education to the notion of “informed consent” as well as the role of NGO/INGO reports in proceedings before the Court.2 The latter point is one dear to the ERRC as ever since its inception it focused on both strategic litigation and research/report publication, with one strand of its activities feeding into the other. Although initially confronted with a negative approach by the Court (which persistently rejected references to NGO/INGO and United States’ State Department country reports in the context of applications brought forward by the ERRC), the ERRC persisted and the Court nowadays has radically changed its stance on this issue, even going so far as to what undoubtedly amounts to (truly well-deserved) praise to Amnesty International and Human Rights Watch by assigning probative value on their reports regarding Tunisia.3 The purpose of this article is to provide an overview of the most important judgments issued by the Court in 2007 in two fields of great importance to Roma, namely police abuse and housing.
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the series of lectures about "Judiciary under Nazism" (see Dieter Simon in Rechthistorisches Journal Nr. 4) at the Frankfurt University had been completed by this lecture of Bernhard Diestelkamp. While the former lectures discussed various aspects of judiciary during the period of Nazism, Diestelkamp discusses the question, how German lawyers, judges and professors after 1945 dealt with their own history, the history of their academic discipline and the actual jurisdiction during the Third Reich.
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a replica to Michael Stolleis' article "Aufgaben der neueren Rechtsgeschichte oder: Hic sunt leones", Rechtshistorisches Journal, vol. 4, 1985, p. 251.
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Casuistry of a penal consilium in the 16th Century passed down by Franciscus Brusatus from Mantua in his collection "Consiliorum sive responsorum FRANCISCI BURSATI" lib.I-IV, Francofurti ad Moenum 1574, 1579, 1594
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on the "Index Repetitionum iuris canonici et civilis", a cura di MARIO ASCHERI et ELENA BRIZIO (Siena, 1985).
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