Църковният закон на патриарх Василий в Архивския номоканон (ЦИАИ 1160)

Author(s): Ancho Kaloyanov / Language(s): Bulgarian Issue: 2/2015

The Arhivski Nomocanon (Church History and Archives Institute 1160) is end of the 14th century copy of the Penitential Nomocanon of the Bulgarian church. Its initial composition originated in 913 from translated and domestic legal documents and later new texts were added, among which we identify Patriarch Vasilii’s Ecclesiastical law. In the Law the total number of rules is 117, united thematically in 9 groups, of which the first two are meaningful: the first is about the hierarchy in the autocephalous Church headed by a Patriarch, the second establishes the priority of the ecclesiastical court over the tsar’s court, sign of the uniat with Rome (1204–1232) at the time of Patriarch Vasilii’s rule.

Родство по сватовство и по кумство при циганите (по данни от теренни проучвания сред няколко цигански групи в Централна Северна България)

Author(s): Zdravko Zdravkov / Language(s): Bulgarian Issue: 1/2012

The article explores the ritual kinship of several Roma groups in Central and Northern Bulgaria. The author presents differences and similarities between groups and social structures, with a special focus on the changes caused by marriage (the role of godfathers and godmothers, bilateral networks, etc.).

Православная церковь в Польше во время Второй мировой войны

Author(s): Jerzy Grzybowski / Language(s): Russian Issue: 1/2018

The article is devoted to the fate of the orthodox church in Poland in the period when the country was under foreign occupation. There are presented the changes that took place in the life of the church and the policy of occupation authority towards clergy and the faithful. The church organisation in war curcumstances is showed. The author also discusses the acticity of Polish government in exile in the defence of Polish orthodox church.

Ценен принос в изследването на книгата "Лествица" от св. Йоан Синайски

Author(s): Vladimir Donev / Language(s): Bulgarian Issue: 2/2014

РИМСКАТА ИДЕЯ ЗА „ПЕРПЕТИУРАНЕ НА ЗАДЪЛЖЕНИЕТО“ И ПРОБЛЕМЪТ С ДОГОВОРНАТА ОТГОВОРНОСТ

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2021

The perpetuatio obligationis is the result, in a terminology proper to the jurisprudence subsequent to the veteres, of a creative interpretation of the late-republican jurisprudence which will assume in the subsequent tradition the relevant qualification of constitution veteris. The terminological formulation may also have had a modernization in the writing of the Severian jurist Paul, but without altering its dogmatic meaning. It is an up-to-date expression of what was technically the effect of the constitutio veterum on the level of the claimant in the event of perishing of the thing object of the rem dare oportere for a cause attributable to the debtor. The veteres believed, that the persistence of actionability with condictio of the rem dare oportere was based precisely on the idea that rem dare oportere was perpetuated even though the due thing perished.

ИСТОРИЧЕСКО РАЗВИТИЕ НА НАЧИНИТЕ ЗА КОМПЕНСИРАНЕ

Author(s): Maria del Pilar Perez Alvarez / Language(s): Bulgarian Issue: 1/2021

In this paper, we undertake to study the legal nature of non-conventional set-off from Roman law to codification, examining the doctrinal positions adopted by glossators and commentators. We shall pay special attention to the deductio made by the bonorum emptor and the principles that guide bankruptcy proceedings and that justify the admission or non-admission of insolvency status in comparative law and in Spanish law.

УРБАНИСТИЧНИЯТ ПРОИЗХОД НА ЕДИКТИТЕ „DE EFFUSIS VEL DEIECTIS“ И „DE POSITIS VEL SUSPENSIS“

Author(s): Luis Rodrigues Ennes / Language(s): Bulgarian Issue: 1/2021

It is known that the ius honorarium criminalized a series of punishable conducts typified by criminals actiones in facture for the punishment of unlawful acts not covered by the ius civile. Among them we can observe several actions that punish the free and reasonable use of public roads such as those against people who throw liquids or solids and place objects on eaves or balconies that could hurt during their fall. The opportune pretorian intervention, at exactly the right moment when the new urban situation requires it, constitutes an irrefutable proof that the Roman jurisprudence, far from fossilizing, is always ready to provide the solutions required by the changing social demands.

ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

ОТНОШЕНИЯ МЕЖДУ ЗАПАДНОЧЕРНОМОРСКИТЕ ГРАДОВЕ-ДЪРЖАВИ И РИМ ПО ВРЕМЕТО НА ПРИНЦИПАТА

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 2/2021

The expansion of the Roman Empire during the Principate leads to the creation of various unions between Rome and Black Sea city-states. The relations between Roman and local authorities is a question of great importance for the understanding of the integrational processes in the Empire. One example of such a union is the Western Pontic koinon among Istrum, Tomis, Callatis, Dionisopolis, Odessos and Mesambria. The analysis of this union can reveal the mechanisms of integration and government during the classical period of Roman law. This article aims to examine the relations between Rome and the Western Black Sea Coast city-states in order to reveal the basic principles of cooperation and integration of these cities under Roman rule.

SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

CONSIDERATIONS ON THE CONCEPT AND HISTORICAL-LEGAL EVOLUTION OF USUCAPIO IN ROMAN LAW

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2022

This paper aims to give a greater perspective to the study of an institution that even today presents complex situations because the usucapion or acquisitive prescription works as a kind of consolidation of a right, provided that a possessor has been for a certain period of time. Each legal system establishes the point of equilibrium between the interests confronted in a usucapion case based on certain elements, therefore it is useful to analyze the Roman legal experience as a scientific foundation of this complex institution that constitutes one of the great themes of the law of things.

Кой е адресатът на писмото, включено под № 16 в документалната сбирка Ponemata diaphora

Author(s): Iliya Iliev / Language(s): Bulgarian Issue: 3/2022

The collection of texts known under the title Ponemata diaphora, composed probably before the end of the 14th century, represents part of the decisions of various ecclesiastical legal cases taken personally by Archbishop Demetrios Chomatianos (1216–1236) or by the Synod of the Church of “all of Bulgaria” with headquarters in Ohrid. The content of the documentary material reveals the colorful picture of the daily life of the Bulgarians of that era – their joys, sorrows and daily cares for home and family. One of the most interesting documents in the collection is the one included under No. 16, representing a letter reply to an unnamed ruler – Theodore Comnenus or Ivan II Asen.

FEDERAZIONE O FEDERALISMO

Author(s): Giovanni Lobrano / Language(s): Italian Issue: 2/2022

In a historical and dogmatic examination (unconventional and, therefore, subjectively risky but objectively necessary) the federal form of government (we use both the expression ‘form of government’ and the category ‘federal’ in their general meanings) shows, first of all, a relevant and possibly surprising characteristic, from which a number of other features are derived. This ‘characteristic’ is to be: not a ‘special’ form of government (which the late eighteenth-century neologism [1787] „federalism“ suggests), but ‘tout court’, the republican form of government, which is an alternative to the royal form of government; that is, as it was written in the middle of the Age of Enlightenment: the „only form of government which is an alternative to the power of only one“. Indeed, Montesquieu (EdL, 1748, 9.1; expressing, moreover, a shared thought) states: „It is, therefore, very probable that mankind would have been, at length, obliged to live constantly under the government of a single person, had they not contrived a kind of constitution that has all the internal advantages of a republican, together with the external force of a monarchical, government. I mean a federal republic“. It is difficult to find a better definition of the great Republic, i.e. the Roman imperial Republic: organized in cities (each with its own assembly of citizens: comitium) and groups of cities, the provinces (each with its own assembly of cities: concilium provinciale). We must resume both, scientific reflection and political initiative on the „federal republic“ as the only possible form of republic, whose model is the Roman imperial res publica.

INTERACTION BETWEEN ROME AND THE PROVINCES DURING THE LATE REPUBLIC AND THE PRINCIPATE

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2022

The Roman empire established peace in the Mediterranean that lasted for several centuries. The Roman peace – Pax Romana, to which the imperial policy aspired during the era of the Principate, determined the reformation of the administrative structures of the Roman state. The accumulated experience from the era of the Republic was developed in the foundations of the imperial model of government and facilitated the establishment of peace and stability. The present article aims to make a brief overview of the interaction between Rome, the Italian territories and the provinces in the period of transition from the republican to the imperial model of government concerning the reforms carried out in the administrative apparatus of the state, in order to trace the basic lines of the imperial administrative policies in the beginning of the Principate.

THE PEREGRINI – ROME’S PROVINCIAL SUBJECTS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2022

Viewed as „strangers“, the peregrini constituted the majority of Rome’s population. Although they did not have roman citizenship, still the peregrini benefited from specific rights. The main points of interests in the article are to examine the legal status of these people under ius gentium and to explore how this status differed from Roman citizenship. Lastly the study will try to give a classification of the distinct types of peregrini.

PRAESES PROVINCIAE, RECTOR PROVINCIAE, PROCONSUL PROVINCIAE В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ТЕОДОСИЕВИЯ КОДЕКС

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2022

The article analyses the use of the terms proconsul, praeses, rector to designate the provincial governor in the Codex Theodosianus; it points out the terminological continuity of the first two with their use in the previous era and establishes the classical origin of proconsul and praeses and the postclassical origin of the term rector as a designation of provincial governor. An analysis of the imperial constitutions in Theodosian Code reveals that it is the new term rector that has the highest frequency of use by the imperial office in 118 imperial constitutions, compared to proconsul in 102 imperial acts; the term praeses has the lowest frequency of use in Theodosian Code.

HISTORY OF THE ORGANIZATION OF TARSATICA AND SENIA IN THE ROMAN AGE

Author(s): Željko Bartulović / Language(s): English Issue: 2/2022

The paper analyzes the history of the organization of Tarsatica, which in an earlier period had the status of a municipality, as well as preserved data on municipal officials, while in the second stage of its development it became a military center that defended the Italy from barbarian invasions. The second part of the paper analyzes the history of the organization of ancient Senia, which was an important traffic center and port, also in the status of a municipality, as well as preserved data on municipal officials. The authors analyze and compare different organizational and legal statuses of ancient settlements: oppidum, municipiums and colonies, as well as the structure of the population in them, which speaks of the degree of Romanization in the area of the eastern coast of the northern Adriatic.

БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 2/2022

Republic of Bulgaria shall provide international and temporary protection. To every foreigner that has been granted international protection shall be issued Bulgarian identity documents. International protection shall be provided by virtue of the Refugees relating to the Status Convention (made in Geneva on 28 July 1951) and the Protocol relating to the Status of Refugees of 1967 and other international acts on the protection of human rights. A foreigner with granted international protection shall have the right to reside on the territory of the Republic of Bulgaria for the period of validity of the Bulgarian personal documents, issued to him. He has the rights and the obligations of Bulgarian citizens with some exception. On the other hand, temporary protection shall be granted in case of mass refugees’ influx who are forced to leave their state of origin due to armed conflict, civil war, foreign aggression, violation of human rights or heavy violence in the territory of the respective state or in an individual region thereof, and who because of this cannot return there. Republic of Bulgaria issued a registration card to a foreigner, to whom temporary protection has been granted – for the period of protection. This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions of issuance and using Bulgarian personal documents. The author’s aim is to provide a legal different between International and temporary protection.

Zapiski krytyczne

Author(s): Authors Various / Language(s): Polish Issue: 60/2022

Editiones sine fine, t. 2, red. Krzysztof Kopiński, Janusz Tandecki, Wydawnictwo Uniwersytetu Mikołaja Kopernika w Toruniu, Toruń 2021, ss. 222, il. Paweł Babij, Pieczęcie rycerstwa obcego na Śląsku do 1335 roku w zbiorach Archiwum Państwowego we Wrocławiu, Archiwum Państwowe we Wrocławiu, Wrocław 2021, ss. 119, il. barwne Pavel Krafl , Dvě studie k synodálnímu zákonodárství (Würzburg 1287, Kališ 1420), Ius canonicum mediiaevi, t. 2, Univerzita Konštantína Filozofa, Nitra 2021, ss. 119 Alice Colantuoni, Multilingual Traditions in Multilingual Contexts. State of the Art and Methodological Problems in the Study of the „Chronicle of Morea” (XIV c.), „Byzantion”, 91, 2021, s. 75–98 Statuta Universitatis scholarium iuristarum studii generalis Paduani ab anno 1331 ad annum 1404 (Codex Bibliotecae [!] Cathedralis Gnesnensis 180), wstęp Krzysztof Stopka, tłum. na wł. Magdalena Wrana, tłum. na ang. Paweł Marcinkiewicz, współpr. red. Tomasz Babnis, Natio Polona. Fontes et Studia, t. 3, Archiwa Państwowe, Uniwersytet Opolski, Opole 2020, ss. 216 + [1] + [174] ss. fotokopii Olga Miriam Przybyłowicz, Dokumenty i dyplomy klasztoru klarysek w Gnieźnie. Sposoby uwierzytelniania dokumentów w praktyce kancelaryjnej konwentu św. Klary. Inwentarz, „Archiwa, Biblioteki i Muzea Kościelne”, 115, 2021, s. 359–418 Janusz S. Bień, Traktat Parkosza. Eksperymentalna edycja elektroniczna, „Poznańskie Studia Polonistyczne. Seria Językoznawcza”, 26, 2019, nr 1, s. 27–69 Georgios C. Liakopoulos, The Early Ottoman Peloponnese. A Study in the Light of an Annotated Editio Princeps of the TT10–1/14662 Ottoman Taxation Cadastre (ca. 1460–1463), Ibrahim Pasha of Egypt Fund Series, Royal Asiatic Society, Gingko Library, London 2019, ss. 649 + 31 tabel + 38 map + 23 inne ryciny Paulina Pludra-Żuk, Nieznany spis zajęć na wydziale artium Uniwersytetu Krakowskiego z lat 1474–1477, „Analecta. Studia i Materiały z Dziejów Nauki”, 30, 2021, z. 2, s. 99–116 Witold Brzeziński, Życie szlachcianki w późnośredniowiecznej Wielkopolsce. Magnificae et generosae. Zagadnienia demograficzne i majątkowe, Wydawnictwo Uniwersytetu Kazimierza Wielkiego, Bydgoszcz 2021, ss. 832 Zbiory polskie, red. Arkadiusz Wagner, współpr. Danetta Ryszkowska-Mirowska, Anna Wronka, Tegumentologia Polska, t. 3, Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika, Toruń 2021, ss. 512, il. Tomasz Maćkowski, Gdańskie odznaki żebracze (XVI–XVIII w.), „Studia Historica Gedanensia”, 11, 2020, s. 149–161 Magdalena Bober-Jankowska, Błąd czy wariant? O technikach redakcyjnych Adama Naruszewicza, „Napis”, 26, 2020, s. 127–148 Jakub Łukaszewski, Szyfr Jana Żdżarowskiego (–1551) na tle metod kryptograficznych używanych w Polsce w pierwszej połowie XVI wieku, „Biblioteka”, 25 (34), 2021, s. 29–77 Jerzy Kaliszuk, Sławomir Szyller, Badanie rękopisów średniowiecznych według Łukasza Gołębiowskiego, „Analecta. Studia i Materiały z Dziejów Nauki”, 29, 2020, z. 1, s. 7–69 Aleksandra Kuligowska, Dialog kultur naukowych. Teoretyczne koncepcje metody historycznej Brygidy Kürbis w kontekście niemieckojęzycznej refleksji nad uprawianiem historii, „Rocznik Polsko-Niemiecki”, 29, 2021, s. 45–60

Philosophical Reflection on Ideology against the Backdrop of Józef Tischner’s Thinking

Author(s): Radovan Šoltés / Language(s): English Issue: 8/2022

Since its beginnings, philosophy has been associated with a critical quest for answers and has rejected biased and uncritical a priori interpretations. Methodic doubt has thus become not only the ever-present method of philosophy, but also a symbol of defiance against every kind of closed-minded and ideological thinking that has a tendency to simplify explanations and adapt reality to its own projections about the said reality. This type of thinking has always been linked to truth claims made by individual power entities. In the past, we have witnessed twists and abuses of ideology with far-reaching political consequences and yet the problem still persists. Each and every situation affected by crisis is a breeding ground for quick, clear and black and white explanations which attract attention and gain support, since they are generally easy to comprehend. This paper introduces a philosophical context of ideological thinking, in which the “will to power” is typical, as reflected upon by many thinkers, among them Józef Tischner who draws from his personal experience with the Communist regime in Poland.