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The aim of this paper is to present how one can form and develop basic legal reading skills, with a focus on the structure and terminology of British statutes and law cases. The paper is mainly, but not exclusively, addressed to translation studies students who may be hindered, when dealing with British legal documents, by the structural and linguistic peculiarities of such texts. Law students may also benefit from the information provided by this paper. Legal texts, in general, are characterized by highly specific drafting conventions, which need to be understood by the legal translator or the law student. For a specialized translator, it is also useful to be able to read a statute or a reference to a law case. Hence, building awareness of the drafting conventions involved in drawing up a statute or of the conventions involved in case citations, and an increased cultural awareness (that may help one understand the context of this or that legal text) are mandatory requirements for any professional translator.
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The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.
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The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.
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The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.
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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.
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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.
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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.
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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.
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L’œuvre historique de Charles de Gaulle a-t-elle eu de l’influence sur les événements politiques en Serbie? La réponse est oui, même plus qu’on ne le pense. Le parallélisme du comportement politique pendant la Seconde Guerre mondiale du général Milan Nedić avec celui du maréchal Philippe Pétain et du colonel Dragoljub Draža Mihajlović avec celui du général de Gaulle est fascinant. Les deux militaires serbes ont été formés par l’armée française. Comme Pétain, le général Nedić a décidé de se soumettre à l’occupant en créant un État serbe fantoche. Comme de Gaulle, le général Mihajlović est convaincu de la victoire des Alliés, refusant la capitulation et décidant de continuer le combat. La constitution gaulliste de la V République de 1958 a-t-elle inspirée les rédacteurs de la constitution serbe de 2006 ? Dans une certaine mesure oui, mais peut-être pas assez. Voici une analyse du rapport des Serbes face au gaullisme.
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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.
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The international crime of piracy often presents a number of complications related to its perpetration in various and continuous forms and together with other crimes and recognition of the applicable law. The paper outlines its general legal and criminological characteristics, provides criteria for its legal qualification and differentiation from robbery, maritime crimes, war crimes, terrorism and other crimes and some insights on its development as a criminal phenomenon.
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After the serious shortcomings of the mechanism of the UN system of response to frequent cases of serious threats and survival of human groups were identified at the end of the 20th century, the report “Responsibility to Provide Protection” was submitted in 2001 and incorporated into the UN system in order to improve the mechanism for responding to these threats. At the beginning of the 21st century, the Rohingya people of Myanmar faced systematic denial of basic human rights and decades of crime. The paper presents the attitude of the international community towards the denial of basic human rights and crimes against the Rohingya community in Myanmar. The elaboration of the mentioned relationship was made following the principle of the doctrine of responsibility for providing protection. We found that the international community did not apply the principles of responsibility for protection and did not take the necessary measures to protect and restore the basic human rights of the Rohingya, although there were reliable indications that crimes against humanity and other crimes had been committed against them for decades.
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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.
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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.
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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.
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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.
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The following study is based on a practical case concerning the situation of a husband and wife who, although they met all the requirements for usucapio, died without exercising this right before the court. Such facts raise the following legal questions: could their right of option to invoke the positive prescription be transferred to their heirs? Or is it necessary for the heirs to start a new possession in their own person, in order to then take advantage of the merger of possessions? The answer to these questions is not easy to deduce, as the research we conducted shows that the issue is a controversial one.
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Indonesia’s Human Rights Court, established under Law No. 26/2000, has faced criticism due to persistent unresolved cases, highlighting flaws in its legal foundation. The Court’s performance revealed that Indonesia has been ineffective in resolving serious human rights violation cases. This research emphasizes two main points: 1) exploring human rights enforcement in Indonesia based on the effectiveness of the Human Rights Court’s performance, and 2) scrutinizing the context of humanitarian intervention in cases of gross human rights violations in Indonesia. The article utilized a normative juridical research approach, followed by a descriptive analysis through a literature study. The research illustrated that human rights enforcement in Indonesia was inadequate, often stalling at the inquiry stage. Trials for the 1984 Tanjung Priok massacre, East Timor, and Abepura resulted in acquittals, raising doubts about the effectiveness of the Human Rights Court’s Law (No. 26/2000). Furthermore, humanitarian intervention was deemed necessary to address these unresolved violations, viewed not as a violation of sovereignty but as a means to enhance human rights protection. This requires national and international cooperation, focusing on resolving cases rather than debating jurisdiction.
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The study is dedicated to the question of the origin of the Zakon Soydnii Ludem. It examines the connections of the original provisions of the law, which are not borrowed from the Ekloga, with the Responsa Nikolai Papae I ad consulta Bulgarorum. It is concluded in in the study that such connections cannot be established with certainty, but they also cannot be rejected. Furthermore, the question of the significance that this law had in Russia during the 13th century is discussed, linking it to the possible reception of the law in Russia during its baptism in the 10th century.
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