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Rada Arktyczna jako forum pokojowej współpracy w Arktyce

Author(s): Zdzisław Śliwa / Language(s): English Issue: 2/2020

The Arctic has been affected by the climate change stimulated institutionalisation of cooperation among ‘Arctic nations’, and the Arctic Council has been influential toward a peaceful future. The purpose of the paper is to analyse the Council as a regional intergovernmental organisation facilitating nonviolent cooperation and collaborative solutions toward the Arctic, preserving its ecosystems and natural environment. The research questions are how the Council deals multidimensionally with the Arctic and what is conflict potential due to security developments. The thesis is that the Council is effectively performing its missions as a cooperation forum despite differing agendas among members and observes. One of the reasons is that the military aspect is not included in the agenda. The paper is based on qualitative research founded on academic papers and official documents, including member states and observer nations’ perspectives and positions toward the region and Council. The assumption is that the Council must distinguish between individual national and shared goals to preserve peaceful cooperation. The teamwork is essential but is increasingly complicating as of differing nations’ agendas. The paper is contributing to systematise the perception of the Council and the challenges it is facing.

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РИМСКОТО ПРАВО КАТО ИЗТОЧНИК НА ТЕОРЕТИЧНО ВДЪХНОВЕНИЕ: СЛУЧАЯТ НА СКАНДИНАВСКИЯ ПРАВЕН РЕАЛИЗЪМ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 2/2020

The article analyzes the large-scale theoretical significance of Axel Hägerström's idea of the magical origin of a number of the institutes of the most ancient Roman law. In the theoretical thought of Scandinavian legal realism, and especially of Hagerstrom's student Karl Olivecrona, the idea develops that legal thinking bears a number of features of primitive magical thinking. Scandinavian realists oppose the alternative of a fact-oriented legal method, which considers legal norms as mere probabilistic conditional statements for how a hypothetical judge would decide in a hypothetical situation. The proposed analysis develops the idea of analogies between magical and legal thinking, considering the relationships between magic and science and magic and religion. The term "magic" in the authors under consideration is shown in its role of an argumentative tool rather than a strictly anthropological concept. The scientific endeavor of Scandinavian legal realists is explained as a radical opposition to the older legal theory. The idea of magic served Olivecronа ultimately to emphasize the importance of legal psychology for legal thinking and to present legal force as the belief in the binding nature of a rule.

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ЕТИЧНИТЕ КОМИСИИ ПРИ НАУЧНИТЕ МЕДИЦИНСКИ ИЗСЛЕДВАНИЯ ВЪРХУ ХОРА – МЕЖДУНАРОДНОПРАВНИ АСПЕКТИ

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2020

The subject of analysis is the international legal regulation of the activity of the ethics committees of scientific medical research with human beings. The focus of the analysis is on The Declaration of Helsinki of the World Medical Association on Ethical Principles in Human Clinical Trials (of 1964), The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the so-called Oviedo Convention) and The Additional Protocol of 2005 to the Convention on Human Rights and Biomedicine on Biomedical Research.

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TRADITION DU DROIT ROMAIN EN TERMINOLOGIE JURIDIQUE

Author(s): Tihomir Rachev / Language(s): French Issue: 2/2020

Roman law influenced the continental European legal systems not only by the reception of fundamental institutes, but also by the reception of basic legal terminology. Most of the Latin legal terminology is common to the European languages, which is an advantage for the legal education and the practice of the international institutions, issuing their acts in different languages. Being in use out of the context of Roman law, some of the Latin terms received different meaning. Thus in modern times some of the Latin terms are used in very different sense. This scientific report is aimed to examine some of the Latin terms both in public and in private law by comparing their original and their modern meaning in the context of the Roman legal tradition.

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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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EMPHYTEUSEOS CONTRACTUS

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2021

The article presents the emphyteuseos contractus and the legal framework of emphyteusis in the Justinian Code (CJ 4.66. De emphyteutico iure) and in the Justinian Institutions (IJ. 3.24.3). It is the founding title of the emphyteusis as a result of a long evolution of this agrarian practice, but also the basis for the vitality of the emphyteusis in the Middle Ages and its application today.

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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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РАЗМИСЛИ ВЪРХУ ПОНЯТИЕТО DAMNUM: DAMNUM И ВРЕДА, ИСТОРИЯТА НА ДВАМА „ФАЛШИВИ СРОДНИЦИ?

Author(s): Jean-François Gerkens / Language(s): Bulgarian Issue: 1/2021

The article raises the question of two legal terms - harm (dommage in French) and damnum (in Latin): whether they are so-called in linguistics "false cognates"? If we look at the dictionaries of two modern languages, in such way are called words that are very similar in appearance but different in meaning. The interpretation of the difference in word formation and meaning can sometimes be explained by differences in the evolution of the two words, which could have a common etymological origin. The peculiarity of the case considered here is obvious in the fact that one word originates from another and it is not a question of parallel development. The question also arises as to whether the evolution of the word has given it a new meaning different than that which it had in Latin. The purpose of this brief research is not a philological or an etymological study of the subject, but to examine whether every time the Roman jurists speak of damnum it necessarily corresponds to the concept of harm (dommage) in the French language.

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НЯКОИ ДИАХРОНИЧНИ ОТРАЖЕНИЯ НА ДЕФИНИЦИЯТА ЗА ДОГОВОРНАТА ИЗМАМА В РИМСКОТО ПРАВО

Author(s): Emmanuelle Chevreaux / Language(s): Bulgarian Issue: 1/2021

The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.

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SCIENTIFIC CONSUBSTANCIAL VALUES TO THE LEGAL DOGMATIC AND THE THEORY OF LEGAL BUSINESS

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2021

With a critical and renovating spirit, the author is firmly convinced of the value of the theory of the legal business, both for its usefulness to form the mind of the new jurists, as well as that of the romanist as the mercantilist and the civilist. The study focuses on an analysis and a critical review of the doctrinal generalities and the specific points of our romanistic science, including some reflections on the new doctrinal currents that allow us to extract the most outstanding scientific profiles of the so-called legal business. We will make a brief commentary on the I. General presuppositions. II. Concept of Legal Business. III. Brief reference to the essential elements. IV. Utility, justifications, and recognition of the scientific values inherent to legal dogmatics and the Theory of the Legal Business. V. Doctrinal postulates on the legal business. VI. Nuances and conclusive convergences. Historical-critical method. Historical-dogmatic method. From the dogma of the autonomy of the will, to the dogma of Betti's prescriptive declaration.

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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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Przemyt środków odurzających i substancji psychotropowych w przesyłkach skonteneryzowanych do portów morskich Unii Europejskiej na przykładzie kokainy

Author(s): Mariusz Majewski / Language(s): Polish Issue: 1/2021

The aim of this article is to present the case on modern methods of smuggling narcotic drugs and psychotropic substances to the European Union. There is particular emphasis on rip-on / rip-off methods, which play a key role in transporting cocaine from Latin American countries via containerized sea shipments. The author used materials and studies obtained through extensive research with the services working to combat drug crime at the largest seaports in the European Union, namely: Rotterdam (Netherlands), Antwerp (Belgium), Le Havre (France), and Hamburg (Germany) in 2019-2020. The article addresses the research problem of smuggling via maritime transport, most often used by international criminal groups to trafficking narcotic substances to the European Union. The paper presents the method of critical analysis (studies, reports, scientific articles, literature on the subject, and materials from meetings under the EU Customs 2020 project). The author presents three main theses which, in his opinion, contribute to the choice of the method: low transport costs of containerized shipments, mass volume, ease of access, a small percentage of detailed checks conducted by border services, insufficient security of port infrastructure in Latin America, unrestricted access to seals forwarding, and the ease of falsification. This article supplements the literature on the subject of the methods of drug smuggling into the European Union.

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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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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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THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE IN EUROPEAN MARE NOSTRUM

Author(s): Vlad Vieriu / Language(s): English Issue: 2/2021

Beneath the surface of our seas there is another world and an entire page of European history. Despite natural factors, the sea might be one of the best and safest environments for both natural and cultural heritage. New advanced technologies allow us to discover and salvage these ancient treasures in a relatively new suite of efforts. This year we celebrate the 20th anniversary of the Convention on the Protection of the Underwater Cultural Heritage, adopted during the UNESCO's General Conference in 2001, a moment for millennia of our common memory, but also, a remarkable example of common effort in international law.

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HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2022

In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.

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НЕИМУЩЕСТВЕНИ АВТОРСКИ ПРАВА. ПРАВО НА ЗАПАЗВАНЕ ЦЕЛОСТТА НА ПРОИЗВЕДЕНИЕТО

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 1/2022

This article examines issues related to the legal nature of intangible assets, the nature and content of exclusive law as a subjective absolute civil right. The content of copyright as a set of property and non-property rights is clarified and a comparison is made between the anglo-american and continental understanding of copyright. The personal inalienable and alienable rights of the author are analyzed. Special attention is paid to the author's right to demand preservation of the integrity of the work and the consequences of its violation. They are considered features of this right and its exercise in the works created in the conditions of labor relations and by order. They have been studied issues related to the protection of the right to integrity and the determination of compensation.

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КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2022

The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.

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LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

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