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Žena a právo. Právne a spoločenské postavenie žien v minulosti

Author(s): / Language(s): Slovak,Czech

U dňoch 5. - 7. novembra 2002 sa v Kongresovom centre Slovenskej akadémie vied v Smoleniciach uskutočnila medzinárodná vedecká konferencia Žena a pravo - spoločenské postavenie žien v minulosti. Pllavnými organizátormi konferencie boli Historický ústav Slovenskej akadémie vied a sekcia pre rodové štúdie Slovenskej historickej spoločnosti pri SAV. Podujatie podporila Open Society Foundation - Nadácia otvorenej spoločnosti, ktorá poskytla grant zo svojho ženského programu. Významne prispeli aj Kultúrny inštitút Maďarskej republiky a Spoločnosť Pro História.

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Државно-црквено право у оквиру права Европске уније

Author(s): Stanka Stjepanović / Language(s): Serbian Publication Year: 0

Since Lisbon Treaty has been ratified in December 2009, European Union has been a legal person. Among other competences, it is competent in education, labor and social law. This is an area related to churches and religious communities. European Union is obliged to remain neutral to religion and to express respect towards all religions. European Union should be restrained when it comes to religious law. European Court of Human Rights, within its decisions, shapes the application of Article 9 of the European Convention on Human Rights, on freedom of religion. In many cases, right to freedom of religion is in collision with the right to freedom of expression, guaranteed by article 10 of The Convention. Each of European Union member states constitutions guarantees freedom of religion.

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Agiotita - Agios Nikolaos Planas

Author(s): Sevastianos Somarakis / Language(s): Greek, Modern (1453-) Publication Year: 0

However, there is still in our hard times plenty and hidden sanctity. It exists not only in the life of insignificant, unknown, obscure monks in the deserts and the coenobium, but also in the world. A prove of this is the Saints of the 20th century, who lived in the whole Christian world, like Saint Siluane, Saint Nektarios, Saint Nickolas Velimirovits, Saint Justin Popovits, Saint Porphyrios, Saint Paisios and many others. One of those simple and obscure Saints is Saint Nickolas Planas. The life of Saint Nickolas Planas (that was his surname) proves exactly this, that Sanctity is possible at any time and any place.

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Први уџбеник грађанског и црквеног права - Јефтимија Јoвановића

Author(s): Stanka Stjepanović / Language(s): Serbian Publication Year: 0

The first printed textbook which under the title Kormčej came along with the printed Proceedings Nomokanon of St. Sava from Russia in our region in the late eighteenth century was written by Jeftimije Jovanović. He was legal professional, notary, Grand Judge of city of Novi Sad and the secretary of Archbishop of Bačka. His textbook / reference book is particularly deserving for development of canon and civil law of the Orthodox Church in Slovene countries. The textbook has unjustly fallen into oblivion, and others used it as a basis for their own textbooks. The author gives an overview of its contents pointing out that by the tripartite division into persons, property and the court Jeftimije Janković offered the first system of canon law in Orthodox Church. Author also insists that this work and his author have unjustly been forgotten, although Latin translation of the book enabled both western and eastern world to familiarize with canon law of Orthodox Church. In his textbook, Jeftimije strictly followed teachings laid out in Kormčej (Nomocanon of St. Sava) in its printed form and Russian title. Although he did not intend for his work to become school textbook, Jeftimije was the first to systematically present Orthodox canon law which was followed by the Church and the State alike until the passing of Civil Code and afterwards. Furthermore, great injustice is done to Jeftimije Jovanović the author of first textbook on canon law and civil law for being confused with Jefgenije Jovanović, Archbishop and author of the book “O sudje crkovnih”. Russian and some western canon law scholars used the work of Jeftimije Jovanović in the 20th century. The author of this paper engages in pointing out the tremendous importance of Jeftimije’s work for the development of canon law and laying the foundations of civil law and, following the publication of the book “O stvarima sa rasuđivanjem u braku” especially in the field of marital relations.

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Dreptul canonic în cadrul sistemului general de drept

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

The system of law represents the entirety of legal norms, juridical institutions and branches of law adopted and ensured by the state with a view to regulating social relations, well defined in time and in space, without being universally valid and leveled. The law divides into laic or secular law and sacred or religious law. The canon law designates a system of law different from the state or secular law. The science of the canon law is part of the group of juridico-theological sciences, as it has jurisdiction in relation to both legal and theological matters. The canon law has a fundamental practical relevance with regard to the mission of the Church around the world and the inter-orthodox relations, on the one hand, and the relation of the Church and the secular power, on the other hand. The canon law represents a system of law complementary to the state system. The relations existing between the two systems of law are complex and alternative throughout time. The civil and the canon laws have supported each other for a long time toward defending the institutions of family, marriage, toward defending the persons and protecting human dignity. This is the reason why the relations existing between the two are convergent, complementary and interactive. These two systems of law are leaning on each other for mutual support in order to help people, as social beings, since the common principle underlying them both is human nature, endowed with intelligence and free will.

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Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

Principles represent general rules, basic ideas, having the role to ground and prepare the legal framework for the development of a complex process or the synthesis of a social and juridical experience, assuring a balance and a relation between the rights and obligations of a person, of a society in its entirety. The principles of canon law represent statements applicable to all the canon systems or canon prescriptions. These are applicable to all the autocephalous Orthodox churches, so have a universal character, according to the canon tradition and conscience. The basis of canon law and implicitly of its principles is theology but also the juridical sciences. The fundamental canon principles are principles of organization and administration of the Church, being ordained from the beginning in the light of the Savior Christ, as ontological basis and ground, along with the moral dogmas and values. The fundamental canon principles of the Church are found especially in her universal Constitution, consisting in the collection of the Holy Canons, in the long-lived and constant practice of the church life, become custom of canon law.

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Reformacja, kontrreformacja i barok w literaturach Europy Zachodniej i Wschodniej

Author(s): Ivo Pospíšil / Language(s): Polish Publication Year: 0

The author of the present study deals with the whole complex of religious, cultural and artistic phenomenon linked with the rise of the European Reformation with special regard to the situation of Central and Eastern Europe and in the Slavonic literary world. He attempts to demonstrate that there are some pre-reformation streams which came into existence in the period of the Hussite wars and had a much-differentiated shape and structure. The roots of the Reformation process in its initial and ideological substance are interesting as typical phenomena of Central European social and religious thought inspired by various currents, often of Eastern origin, connected with buddhism, manicheism and zoroastrianism.

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Римскоправни основи на съвременния статус на религиозните организации

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article examines the Roman law system for defining the status of the religious organizations and their property. The article presents the main findings about the specific character of these organizations both in the Antiquity and in present days, as well as the impossibility of applying theoretical private law or public law models in relation to their legal capacity. The continuity of the idea is revealed that in order to define the status of the religious organizations first one has to take into account the aim of their existence and of their function and secondly their participation as an independent subject in public exchange . The study emphasizes the management of the property, granted for religious and charity purposes and the responsibility of its administrators.

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Правният статут на религиозните общности в Испания

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article examines in sequence the issues about the legal regime of the religious communities in Spain. First it starts with the constitutional order, then the legislative regulations, concerning the religious freedom and its realization. A special emphasis is put on the Law of Religious Freedoms, the registration and tax regime of the religious organizations, the protection of cultural values, belonging to them, the expropriation and etc. In the end the article presents a topical issue in relation to litigation of the property of the Cathedral in Cordoba which is claimed to be a possession of the Catholic Church. The writer of the article considers that in a dispute are presented false arguments about the reconstruction of the mosque, which as a consequence is reconstructed in cathedral, using formal and legal grounds taking no account of the changed legislation in the course of the centuries.

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Статус и имущество на религиозните организации в Турция

Author(s): Havva Karagoz / Language(s): Bulgarian Publication Year: 0

The article presents the constitutional basis for religious freedom in Republic of Turkey in connection with the state organization and principles of the rule of law and democratic state as well as some important points in the legal regulation of the status and property of religious organizations.

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Християнската църква и държавата до Великата схизма

Author(s): Todor Bikov / Language(s): Bulgarian Publication Year: 0

Christianity emerges as a new religious doctrine and new religious practice during the time of the Roman Emperors Augustus (27 BC- 14 AD) when in Judea Jesus Christ was born, and Tiberius (14 AD-37 AD), when the Messiah, the very founder of the Christian Church, was crucified and subsequently died 34 AD. According to the dogmatic definition the Church of Christ is the natural unity of God and people, believing in Jesus Christ and seeking salvation from the sin and death, and eternal life within Him and through Him. The symbol of faith adds to this definition that the Church is unified, holy, convocational, universal and apostolic. Until the Great Schism in 1054 the Church is undivided but then it split into Eastern Orthodox Church and Roman Catholic Church. The Church itself has rich and dramatic history full of persecution, torture and death. The end of the persecutions was in 313 when Emperors Constantine and Licinius issued the Edict of Milan, which proclaimed all religions in the Roman Empire equal. The very essence of the Edict of Milan, 313 is a crucial moment in the history of Christianity. Christian religion which had been persecuted during so many centuries was finally proclaimed legal. Several years later when the tetrarchy was eliminated and Constantine became the only ruler of the Roman Empire, Christian religion and the Church started to play a crucial part both in the religious and social life of the Roman Empire. A new age had come in the relationship between religion and state - with the official proclamation of the Christian Church, the state recognized the freedom of thought and religious rights of all people and organizations. New, complex and intertwining relations were formed between the Church and the state which led to caesaropapism in the Eastern Roman Empire and to papocaesarism in the Western Roman Empire.Schism had taken place in 1054 and lasts until the present day. The breakup was absolute: a breakup between two religions, two state systems and between two different cultures even though the very beginning was the same.

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Собствеността на манастира "Свети великомъченик Георги Зограф" в Атон

Author(s): Petia Nedeleva / Language(s): Bulgarian Publication Year: 0

For centuries, the Zograf Monastery on Mount Athos has received numerous donations of movable property and real estate, part of which have been preserved to this date. Some of these properties are no longer owned by the monastery due to historical reasons, economic crises and urgent needs of the monastery. In recent times, the management of the property owned by the monastery is related to the activity of Eforie "Zograf" which is the legal entity with certain powers and managing authority. An important condition for preserving the Bulgarian character of the monastery is the preservation of its property and the provision of funds for maintenance of buildings and support of the monks. The Zograf Monastery on Mount Athos is not only a repository of manuscripts, books and works of art and a center of worship. It is also the center, which over the centuries have confined and kept monuments of Bulgarian culture and history, a source of Bulgarian national consciousness.

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Имущество на Българската православна църква

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

The article presents the canonical aspects of the property of the Orthodox churches on the basis of the Rules of the Universal Church, as well as it analyses the provisions of the Rules of the Bulgarian Orthodox Church- the Bulgarian Patriarchate in particular.More detailed analysis is made on the contemporary Bulgarian legislation, concerning property law issues of the religious beliefs. Put forward is the circumstance that the administrating regime of the real estates by virtue of normative delegation is granted to the inner regulatory acts and canonical principles of the relevant religious denomination.Special emphasis is put on the property law status of the Orthodox temples which by virtue of the canonical norms are excluded from the civil circulation.The author makes a few proposals de lege ferenda which will allow the collaboration between civil law regulations and natural restrictive regime concerning the specific principles of the Orthodox temples.

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За религиозните свободи и тяхната неотменимост

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

It is accepted in the contemporary constitutional doctrine that religious freedom is universal right which consists of three components: freedom of conscience, freedom of religious rights and freedom of the establishment and participation in religious associations. Pursuant to Article 37(1), the first sentence in the Constitution of Bulgaria 1991 states: ‘freedom of conscience, freedom of thought and choice of religion and of religious or atheistic views shall be inviolable.’ The Constitutional Court of Republic of Bulgaria in its practice emphasizes that recognizing the religious identity of every individual is a fundamental constitutional principle which is equal to recognizing the atheistic views and these two constitutional principles are derivative of the supreme constitutional principles of humanism, tolerance and respect human dignity. The present study examines the content of the rights in Article 37 in the Constitution of Republic of Bulgaria, as well as its character as an ‘inalienable right’ under the provision of Article 57 (1) in the same Constitution. The inalienability of the religious freedoms is guaranteed by the possibility, intended by the legislator, for this principle to be amended only by the executive body - The Grand National Assembly.

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Субективното право на религиозна свобода и въпросът за статуса на религиозните общности в практиката на Европейския съд по правата на човека

Author(s): Dimitar Hanev / Language(s): Bulgarian Publication Year: 0

Freedom of religion is one of the most fundamental rights of man, and as such, it is guaranteed by a number of international documents. It is also guaranteed by most of the constitutions of the modern democratic states. In addition, the national legislative systems of those states have special branches that regulate in details social relations, concerning religious beliefs and religious institutions. All this reveals the significance of the religion and religious matters in modern liberal-democratic societies. The events of the last few decades show that these issues aren’t outdated, but rather present even greater challenges to the established institutions and doctrines of the Western world. Freedom of religion is a substantial legal right playing an enormous role for the development of the legal systems for the protection of human rights throughout the world. From a legal-doctrinal point of view it is usually considered as a part of the well-established triad “freedom of thought, conscience and religion”. But in spite of the common elements of legal freedom, concerning the expression of inner convictions, freedom of religion exhibits features which shape it in a specific manner. They relate, primarily, to the diversity of the religious beliefs and the correlative ethnical and cultural aspects in a particular society. In such a frame the examination of the essence and limits of this right, as well as, its forms of realization, shall inevitably reveal much deeper layers of social and legal relations in those societies which claim to have adopted the technology of democracy and the ideology of the political liberalism. In this respect, there is hardly a better starting point than the case-law of the European Court of Human Rights.

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Относно уредбата на собствеността на Руската православна църква

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

In the early twentieth century, the Russian Orthodox Church is still one of the major owners in Russia. It possesses huge amounts of land, farms, mills and other agricultural sites, and also hospitals and shelters and many more. The information about the assets of the Church is a rather controversial matter. After the nationalization, carried by the Bolshevist government, the Russian Orthodox Church managed to recover, due to secularization, the full amount of their nationalized property. The Holy Synod is the supreme body of the management and control of the Russian Orthodox Church.

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Собствеността на религиозните институции в САЩ и американският Religious Land Use and Institutionalized Persons Act

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L. 106–274, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It also defines the term “religious exercise” to include” any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” RLUIPA was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no written vote was taken. The currant article deals with the issues of RLUIPA’s implementations and challenges the problem which local governments face dealing with the different religious groups. It also contains the guide which the Congress issued for better understanding and application of this act.

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За придобиването на статус на юридическо лице на религиозните общности в България и в някои други държави

Author(s): Ivaylo Vasilev / Language(s): Bulgarian Publication Year: 0

This research contains a short comparative-legal analysis of some legal matters in Bulgaria, Serbia, Romania, France and Austria concerning the acquisition of a legal entity status on behalf of religious communities. It presents the differences and common grounds existing in the legal regulations with regard to differentiation of religious communities, mechanisms of creation of capacity accorded to them as well as some specifics that accompany the underlying procedures. Based on this analysis, a retrospective review of the selected legal approach of each country is made. The main purpose of this research is to set the focus on the fundamental principles of the legal systems in question and then to apply the findings as comparative reference for resolving related legal issues in future.

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Имущество и финанси на религиозните институции у нас и в Европа

Author(s): Kostadin Ivanov / Language(s): Bulgarian Publication Year: 0

The religious organizations are able to create and to register religious institutions that are considered legal entities with their own property. This property consists of different religious objects and buildings, as well as finances. Like every other legal entity, the religious institutions have their own proprietorship and independent financial income from business activities, charity and donation and governmental subsidy. But these incomes and proprietorship are taxable. There are specific taxes that the registered religious institutions have to pay. However, they are not as high as the majority of charges, fees and other taxes. The religious organizations and institutions have specific characteristics and play a vital role in every society. This is the reason why there are special rules about their property and different policy of taxation.

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Право православне цркве да поседује и управља добрима - канонске одредбе

Author(s): Joachim Bejenariu / Language(s): Serbian Publication Year: 0

Nowadays, colportage has taken on a wider dimension and a character of multiple benefits, both for monetary purposes, increasing financial sources needed for church activities, especially missionary, cultural and charitable, as well as spreading of liturgical objects and popularization of Orthodoxy through books, magazines, icons and other objects.

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