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Изследователи на българското обичайно право в края на ХIX и първата половина на ХХ в

Author(s): Temenuga Georgieva / Language(s): Bulgarian Issue: 2/2014

The proposed article is an addition to developing more detailed work dedicated to the development of the Bulgarian ethnography since Liberation to World War II. The review of the studies in the field of Public customary law of the late nineteenth and early twentieth century gives an idea of their chronological development and thematic diversity. Largely research are solicited and facilitated by the systematic methodological guidelines contained in published “questionnaire-directions” for the collection and study of traditional legal customs , to follow European trends and experiences in this regard. To study a particular specified share of the popular social-normative culture are directed primarily specialists in legal education, Odzhakov P., V. Baldzhiev, St. S. Bobchev and others, whose work impresses with its scientific approach to withstand attempted systematization, interpretation and evaluation of the material covered. Along with them during the period relevant publications on Bulgarian common law traditions leave D. Marinov, K. Shapkarev, St. Shishkov and others. This paper examined the research and collecting individual contributions of these authors that enrich the scientific literature and help to expand the thematic scope of the Bulgarian ethnography in an essential and dynamic period of its development as a scientific discipline.

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THE ALEVI / ALAWITE FACTOR IN TURKEY - SYRIA RELATIONS IN THE LIGHT OF THE SYRIAN CRISIS

Author(s): Mkrtich Karapetyan / Language(s): English Issue: 3/2018

The Syrian civil war exacerbated sectarian divisions between the Alawite-ruled Syrian government and Syria’s Sunni population, straining also the relations between the Sunni majority and Alawite and Alevi minorities of the neighboring Turkey. The Alawites and Alevis of Turkey were predominantly supporting Syria’s president Bashar al-Asad, while the Turkish government greatly supported the Sunni insurgents of Syria. The paper aims at examining how Alawites and Alevis have influenced the relations between Turkey and Syria in the light of the Syrian civil war, the reasons behind the sympathy of Alevis for the Syrian government and the implications that Turkey’s Syria policy has had domestically. It finds that the Alevi / Alawite factor has had some restraining effects on Turkey’s antagonistic policy towards Syria. In the introductory part, the article touches upon the differences and the similarities between Alevis and Alawites, then it analyzes the developments in regards Turkey’s policy towards the Syrian crisis that were also reflected in Ankara’s domestic policy vis-à-vis its Alevi and Alawite minorities.

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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

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КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

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DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

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LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

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THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

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„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

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L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

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L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

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LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.

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THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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Józef Tischner on Upbringing and Hope

Author(s): John P. Hittinger / Language(s): English Issue: 8/2022

The present article examines Józef Tischner’s idea of upbringing (wychowanie) in establishing the new awareness of solidarity among the Polish workers and people through an awakening to conscience. The present moment served as a revolutionary alternative to socialism. I look at Tischner’s critique of Marxism and the central issue surrounding base and superstructure. Then I turn to his recovery of the Polish tradition of ethical ideals, especially in the person of Maximilian Kolbe and John Paul II. The text provides a detailed analysis of the chapter on upbringing in The Spirit of Solidarity. Tischner’s notion that upbringing is a personal bond established in trust to live in hope for improvement in mind and heart is placed in the context of the solidarity as a social bond establishing an ethical community transcending the political quest for power and the need to find an enemy. The text analyzes the various counterfeit forms of education in order to deepen our awareness of the meaning of authentic upbringing. Salient points of his teaching are discussed in conclusion.

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Ethics and Solidarity as Hope in the Philosophy of Józef Tischner

Author(s): Pavol Dancák / Language(s): English Issue: 8/2022

In this paper, the concept of solidarity will be introduced as voluntary cohesion, mutual help and support not only within a loose group, but, above all, within the whole human race. Tischner wants to help contemporary man because he is aware that contemporary man has entered a period of profound crisis of his hope. The reflection on solidarity and hope in the philosophy of Tischner represents a neuralgic point which has its justification in Christian thought. Hope is the prospect of something better which, together with mutual support, removes both fear and isolation, and brings about the development of both the individual and the community. The deepest solidarity is solidarity of conscience. The community of solidarity differs from many other communities precisely because it is “for him” that is fundamental. It is only on this foundation that the community of “we” grows.

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