«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2021

The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.

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.

REFLECTIONS ABOUT CONFUSION AS MEANS OF EXTINCTION OF OBLIGATIONS GUARANTEED BY BOND

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2021

The extinguished effects of confusion in civil obligations are verified in agreement with very particular rules in diverse categories of legal relations in which they affect and distinctive as well are the solutions that roman legal sources contribute in this sense, by which always maintaining as base of our study the unity in regards to the definition of the institution, we have projected our interests for the analysis of the confusion in the obligations with guarantee field, most definitely about the guaranteed obligations with the bond in accordance to their manifestation between deserving of and principal debtor, between deserving of and guarantor and lastly, between debtor and guarantor.

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.

EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE: COMPLIANCE WITH THE EUROPEAN STANDARDS

Author(s): Victoriia Rohalska,Oksana Bronevytska,Gediminas Bučiūnas / Language(s): English Issue: 1/2022

The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.

Euroatlantycki Ośrodek Koordynacji Reagowania w przypadku Katastrof jako mechanizm zarządzania kryzysowego NATO wobec pandemii COVID-19

Author(s): Marlena Rybczyńska / Language(s): Polish Issue: 1/2021

In the international environment, the importance of non-military security issues such as global health, migration, and natural disasters is growing. Therefore, the subject of research in this article is the tasks of the Euro-Atlantic Disaster Response Coordination Centre (EADRCC), which is NATO's main crisis management tool during the COVID-19 pandemic. The purpose of the research was to identify those EADRCC activities that have contributed to improving NATO's response to the pandemic. The article mainly uses the method of critical analysis (reports, documents, literature on the subject, scientific articles, press materials) and historical analysis. Several research questions were answered. 1) What role can the EADRCC play in the face of new threats to NATO? 2) What is the significance, role, and scope of crisis management in the functioning of NATO? 3) What steps should the North Atlantic Alliance undertake to improve the use of the EADRCC's potential in crisis situations? The results of the research presented in the article indicate that the exchange of information, coordination of tasks, as well as solidarity and distribution of aid between NATO member and partner countries improved the response to the COVID-19 pandemic. The conclusion is that NATO should develop its capabilities and crisis management instruments, including the EADRCC; the need to build resilience to non-military threats in allies' military and civil spheres was also pointed out.

Съотношението между правото на европейския съюз и спогодбите за избягване на двойното данъчно облагане

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 5/2021

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

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.

RUN THE STATE LIKE IT IS YOUR BUSINESS. A POLITICAL ECONOMY APPROACH TO THE RULE OF LAW CHALLENGES IN CENTRAL AND EASTERN EUROPE

Author(s): Luise Quaritsch / Language(s): English Issue: 1/2022

The debate around democratic backsliding in Central and Eastern Europe focuses on changes in formal rules that weaken the rule of law by populist right-wing leaders. However, this paper argues that the concept of democratic backsliding has limited explanatory value and overemphasizes formal institutions. Instead, a broader view, taking political and economy power into account, should be adopted: It allows for a conceptualisation of democratic backsliding as the result of the dominance of elites on state structures and the merging of political and private interests. The concept of state capture provides a suitable theoretical framework for this approach and reveals different strategies employed by elites, namely party and corporate state capture that undermine the independence of democratic institutions in the region. The example of the Czech Republic under former Prime Minister Babiš underpins the argument that the debate around democratic backsliding overlooks the risks of corporate state capture, which finds expression in high levels of corruption and the concentration of vast economic, political and media power.

Библиография на българската правна литература за 2020 година

Author(s): Blagovesta Balkandzhieva / Language(s): Bulgarian Issue: 1/2022

THE FACTORS INFLUENCING GROSS DOMESTIC PRODUCT GROWTH IN THE POST-PANDEMIC PERIOD: THE CASE OF KOSOVO

Author(s): Muhamet J. Spahiu,Betim J. Spahiu / Language(s): English Issue: 2/2022

This paper examined the factors that influenced the Gross Domestic Product growth (GDP) in the post-Covid-19 period in Kosovo. This paper explored the impact of consumption, remittances, exports, imports, and inflation on Kosovo's GDP growth using fixed effects regression analysis with data from various secondary sources to analyze their impact from Kosovo's perspective. The results demonstrated that consumption, remittances, and exports had a statistically significant influence on GDP growth during the post-pandemic economic lockdown stage, whereby imports and inflation had a little inverse relation. Further, the Hausman test statistics on the adequacy of the fixed-effect model selection represent a superior performance compared to the random effect model. The paper is the first that extensively explores the impact of these factors that drove GDP growth in the post-pandemic period in Kosovo's economy. The novelty of this paper is that it recognizes the response of governments to the pandemic and accurately identifies the macroeconomic factors that influenced GDP growth.

THE LEGAL ROLE OF GOVERNMENT IN PROTECTING CULTURAL HERITAGE AND ARCHAEOLOGICAL SITES IN THE WAR-AFFECTED COUNTRIES: THE CASE OF IRAQ AND SYRIA

Author(s): Rukhsar Ahmad / Language(s): English Issue: 2/2022

Conserving cultural heritage and archaeological sites have become a serious national concern in the Middle East for the war-affected countries, including Iraq and Syria. Because looting and violence have caused massive destruction of cultural heritage and archaeological sites, this study aimed to analyze the legal background concerning the protection of cultural heritage and archaeological sites in the context of Iraq and Syria during 2014 with the rise of the Islamic State of Iraq and Syria (ISIS). This study used the content analysis method and cross-country analyses for Iraq and Syria. The study is guided by two main questions: What is the government's legal role in protecting cultural heritage and archaeological sites? Are there any legal authorities in Iraq and Syria to protect cultural heritage and archaeological sites during war and conflict? In the end, this paper suggests that protecting cultural heritage is the legal responsibility of government which is supposed to be enforced in the legal foundation of the state as a national sovereign power.

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.

HUMAN TRAFFICKING VICTIMS’ RIGHTS - FROM REGULATION TO IMPLEMENTATION. GOOD PRACTICES AND CHALLENGES

Author(s): Alexandrina-Augusta Bora / Language(s): English Issue: 2/2022

The practice of human trafficking is not only a serious legal and social issue but a major violation of human rights, an attempt to reduce the value of humanity and to treat humans as objects. The National Agency against Trafficking in Person reports describe a tendency of decreased numbers of Romanian victims identified in the last decade by the judicial institutions. The complexity of this criminal phenomenon requires the promotion of a systemic approach and a comprehensive and coordinated involvement of every public institution and authority, nongovernmental organizations, and specialists with competencies in the field of preventing and fighting human trafficking and in providing all forms of assistance services for social reinsertion.We are analyzing if Romanian law has adequate provisions regarding human trafficking victims` rights, in line with international regulation. We are discussing the good practices and the challenges raised by the implementation of the legal victims` rights, also drawing some suggestions for improving the administrative process of institutional cooperation.

HUMAN TRAFFICKING RESPONSES IN EUROPE WITH EMPHASIS ON ROMANIA

Author(s): Andreea Dragomir,Ioana Florescu / Language(s): English Issue: 2/2022

Human trafficking, one of the worst violations of human rights, dignity, and integrity, usually takes place over a large territory, where traffickers take advantage of the naivety and vulnerability of victims. Traffickers also exploit a lack of synchronization between state institutions with the responsibility of preventing and combatting this phenomenon. Considering the pandemic and digitalization have directly contributed to the evolution of human trafficking, the paper aims to present the risk factors, threats to public order, and public safety caused by human trafficking. The fundamental nature of human trafficking is dehumanization for profit, which is the distinguishing factor from other criminal activities. The paper also presents the European and Romanian legal frameworks which organize the fight against, prevention, and prosecution of this transnational crime.

THE CONCEPT OF PRIMACY OF COMMUNITY LAW

Author(s): Constantin Gabăr / Language(s): English Issue: 2/2022

The importance of the increasing role of Community law is given by the implications for the legal systems of the Member States of the European Union. The European Community has evolved over the course of its history into a multi-state structure with an autonomously manifest legal order, with a system of law binding on each Member State and quasi-uniformly ‘adopted’ by the member states of the European Community. The relationship between Community law and national law can be quantified as follows:1.the prioritization of the competencies of Community law in relation to those of the national law, which implies a transfer of competencies to the European Union; this transfer can be total, as is the case of the customs tariff, or partial, a situation in which there is no need for a relationship between them; 2. the alignment of the legislative provisions of the national law with Community law; 3. the reconciliation of the consequences of the legal rules making up the two legal systems; 4. the concomitance of Community law with the national law, i.e., where Community law guides the application of national rules, as in the case of competition law.

FORENSIC ASSISTANCE IN THE PRIVATE SECTOR

Author(s): Constantin Rusnac / Language(s): English Issue: 2/2022

The desiderata implemented in forensics at the time of its birth as a special legal science, the knowledge gained during its development and its subject matter, overall determine the possibility of using forensic means, methods, and procedures in judicial and extrajudicial activities. This scientific paper describes the possibility of using the forensic arsenal not only in a criminal trial, but also in the context of other law enforcement actions, including in the field of civil law relations. In this regard, the methods of using forensic knowledge in civil and contravention processes are described, ensuring the economic and information security of the enterprise, establishing psychological contact in interviews, emphasizing the significant role of forensics in preventing and combating illegal acts. The author also highlighted some causes that prevent the use, outside the criminal process, of the opportunities offered by forensic.

INTERNATIONAL MECHANISMS FOR THE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF PUBLIC ORDER AND SECURITY (PART 1)

Author(s): Ianuş Erhan / Language(s): English Issue: 2/2022

Public order and security of any state become the field that transposes the obligations of the status, or, namely in the process of their maintaining, ensuring, and restoring, the entire spectrum of competencies and activities that interfere with human rights is reflected. At the same time, the protection of human rights and freedoms in the context of public order and safety has always been and continues to be a permanent concern of the international community, an aspect that should not be neglected by positioning the interest of the state as a priority over the interests of the individual or of the community.

The “mandatory” right to education as means of reintegration into society

Author(s): Crina Bianca Vereş / Language(s): English Issue: 1/2022

Internationally, human rights law guarantees a universal right to education. Education and training of inmates help reduce the social costs of crime. People outside of the prison environment have the luxury, or better yet freedom, of choosing the reason for pursuing a form of education or training, whilst for prisoners it is predetermined. Given that its final scope is the reintegration of prisoners into society as full functioning citizens, the right to education becomes an obligation to the state to guarantee the access to the resources available. Thus, the complexity of this right can be better seen in the prison environment, as its final purpose is to ensure that discipline and order are maintained in society.