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КО ЈЕ МОГАО БИТИ СВЕДОК У СРЕДЊОВЕКОВНОМ СРПСКОМ ПРАВУ?

Author(s): Nina Kršljanin / Language(s): Serbian Issue: 2/2022

Medieval Serbian regulations of domestic origin do not contain systematic norms about witnesses and testimony, but only a few incidental mentions. On the other hand, in the transplanted Rhomaian (Byzantine) collections - the Nomocanon (Zakonopravilo) of St. Sava and the Abbreviated Syntagma of Matthew Blastares, there are numerous regulations on how witnesses give statements and, even more, whose testimony is considered acceptable. Many years ago, Soloviev assessed that it was not necessary for Dušan’s Code to delve into this matter “because the numerous provisions of Byzantine law (...) exhausted the subject matter.” However, one must question how applicable these norms were in the law of medieval Serbia. Although judicial records have not been preserved, occasional mentions of testimony at assemblies or witnesses to the drafting of contracts can still provide us with a view of the practice. With a focus on those sources, this paper will try to show at least a partial picture of witnesses in medieval Serbian law. Special attention will be paid to the issue of women’s testimony.

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THE HISTORICAL DEVELOPMENT OF WOMEN’S INHERITANCE RIGHTS

Author(s): Đorđe Raković,Mirjana Miškić / Language(s): English Issue: 2/2022

The development of female inheritance rights was marked by patriarchal conditioning. In most of the ancient legal systems, women could become heirs if they were legally married to their husband (testator) or if they were daughters without a male relative (brother). According to the Code of the Twelve Tables, a woman could inherit only if she were married into manus and a daughter, if she were person alieni iuris, under paternal power. Thus, the daughter, going to the groom’s house, would lose her inheritance rights towards her family. These provisions were not considered discriminatory in the context of the times. The Code treated the son who would leave the family authority equally. However, the heir son as a potential pater familias had become a more desirable successor over time. The author will try to show that family affection towards the male heir deeply conditioned the development of inheritance rights and the formation of the attitude that women have no right to family property. Unfortunately, even though the current regulations have long been non-discriminatory towards women, the established understanding still affects women or daughters renouncing their inheritance rights in favor of a male relative.

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„SUPRAVIEŢUIREA” DREPTULUI ROMAN ÎN CULTURILE ORGANIZAŢIONALE MODERNE COMPARATE ŞI IMPACTUL SĂU ASUPRA DECENŢEI TRAIULUI

Author(s): George Vlăescu / Language(s): Romanian Issue: 06/2023

Ruling from ancient times on the protection but also on the chaining of human freedoms, The Roman law – often positioned upstream of the asperities and the saraband of social inequalities – has left its legal impressions on culture and, by implication, on human legislation and standard of living. Or it is precisely this multi-secular matrix projected on the cultures built on the conceptual pitches of Latinity that brings us to a double question, namely: to what extent and in what form the Romanic ideological-legal elements are found in the philosophy of thought and living of post-modern societies, including their standard of living and whether the right itself can be made responsible for our modern culture in general, including the quality of legislation and standard of living nowadays. In order to be able to respond to such a challenge, but also to identify solutions, we will try to capture the essential features of a long and complex evolutionary process of transposing Romance influences from the logical structure of the legal norm to social realities and vice versa and, on the other hand, we will combine the traits thus obtained with the results provided at the beginning of this millennium by sociological research of comparative cultures.

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Jan Kanty Rzesiński – dziewiętnastowieczny krakowski romanista i historyk prawa (część II)

Author(s): Łukasz Jan Korporowicz / Language(s): Polish Issue: 2/2023

The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.

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РЕЦИДИВЪТ В РИМСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2023

It has long been doubted whether the Romans knew the notion that we call recidivism in modern terminology, for which the Latin language lacks a nomen. However, the sources attest cases of aggravation of the punishment for those who repeat the same offence after a previous sentence or a coercive sanction. It is difficult therefore to deny the existence of the ‘thing’ that in the Roman legal system is closely related to the forms of procedure. It will be the jurists, especially in the Severan age, to identify the structural elements of the figure and the ratio for the harsher punitive treatment of the recidivist. The tendency in the Late Imperial age to consider that of recidivist a real subjective condition opens the way to the subsequent developments of modern criminal legal science.

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PRAECEPTA IURIS, IUSTITIA И DELICTA

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2023

The article discusses the praecepta iuris, which are identified often as a principles of Roman law, and the concept of justice. They are presented in the most general theoretical plan, interpreted to the main institutes of Roman tort and criminal law.

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НАКАЗАТЕЛНАТА РЕПРЕСИЯ СРЕЩУ ЛИХВАРСТВОТО И НЕЙНОТО РАЗВИТИЕ В РИМСКАТА РЕПУБЛИКА

Author(s): Maria Salazar Revuelta / Language(s): Bulgarian Issue: 1/2023

Criminal response to usury in Rome is found to be inextricably linked to the continuous infringements of interest-restraining regulations, together with the most varied juridical instruments that are in effect in civil life, depending on the socio-economic circumstances of each era. From the Republic on, the work of the curule councilmen imposing fines and the possibility (towards the end of the III century B.C.) of bringing a private action in quadruplum is noticeable. Later on, the little effectiveness of the councilmen's interventions was replaced with the per quaestiones procedure, which was put into effect during the first years of the Empire and which was also applied to the annona-related frauds. However, the fight against usurious loans during the Principate moves primarily toward civil life. People had to wait till the Dominate entered the scene to watch the criminal repression of illicit interests once again. Despicable considerations of the usurious crime are stressed, from Diocletian on, as well as the re-establishment of the quadruplum crime on the part of Theodosius. Finally, Justinian will embrace the Diocletian legislation, although he seems to emphasize the civil consequences of the usurae illicitae.

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ДОПИРНИ ТОЧКИ В ИСТОРИЯТА НА АНГЛИЙСКОТО И РИМСКОТО ДЕЛИКТНО ПРАВО

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 1/2023

The article traces the steps in the genesis and formation of the system of English tort law, approaching this issue through the prism of the influence of Roman law on the evolution of English law and on the work of English judges. It distinguishes the main stages and key moments in the history of English law and highlights the specifics of English tort law that reveal points of convergence with Roman law.

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OТГОВОРНОСТТА ПО ЧЛ. 21, АЛ. 2 ЗЗД – ЕФЕКТИВЕН СПОСОБ ЗА ЗАЩИТА НА ДЛЪЖНИКА ПРИ PACTUM DE NON CEDENDO?

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2023

The present research is devoted to tortious interference with contracts, laid down in art. 21, para. 2 of the Bulgarian Law of Obligations and Contracts. The author attempts to assess critically whether this particular tort is applicable in case of a breach of an anti-assignment clause. More specifically, the present research argues whether it is possible for the debtor to bring an action vis-à-vis the assignee (or any other third person) who knowingly induces the creditor to transfer their receivable at variance with the obligation to refrain from assigning the receivable. The comparative overview reveals that, while nominally possible, this action is not the most adequate means of legal protection that can be attributed to the consumer in case of a breach of an anti-assignment clause.

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МАНДАТ И ОСТАЛИ ВИДОВИ ЗАСТУПАЊА У РИМСКОМ ПРАВУ

Author(s): Mirjana Miškić / Language(s): Serbian Issue: 39/2017

In Romanistics, the impossibility of representing the interests of other persons (alteri stipulari nemo potest) is cited as one of the axioms of Roman private law. Were the legal affairs of alineo nomine agere really unsustainable according to civil law, or were there indirect ways of representing the interests of other persons? The mandate as an institute of ius gentium is an example of indirect representation in Roman law, but in addition to the mandate there are other institutes, both of civil and praetorian law, which have the effects of representation. Services are not rare in Roman law and should be interpreted in accordance with the authentic Roman context, in order to see their true essence.

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Papal designations in the context of the Gregorian Reform

Author(s): Drahomír Suchánek / Language(s): English Issue: 26/2023

This study looks at a specific aspect of papal elections during the Gregorian Reform: papal designation. In separate steps, the study endeavours to look at both the historical and developmental context of papal designation, as well as the use of papal nomination for individual elections that took place during the Gregorian Reform period. The text also uses an analysis of electoral procedures to evaluate the significance of designation, specifically its actual influence on the decisions made by electoral participants. The designation does not appear to be a procedural and legislative feature but instead more of a practical and legitimising tool for defending a chosen procedure.

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Giovanni Brandi Cordasco Salmena, Nossalità, falsa, nossalità e magia. Negli illeciti agricoli e pastorali dalla codificazione decemvirale al primo Principato,

Author(s): Mirza Hebib / Language(s): Bosnian Issue: 7/2023

Review of: Giovanni Brandi Cordasco Salmena, Nossalità, falsa, nossalità e magia. Negli illeciti agricoli e pastorali dalla codificazione decemvirale al primo Principato, “L’ERMA” di Bretschneider, Roma, 2023, 260 str.

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Spor o Aristotela a Tomáše Akvinského na středověkých univerzitách

Author(s): Jiří Bílý / Language(s): Czech Issue: 1/2020

When Latin translations of Greek texts of Aristotle’s Ethics and Politics occurred in the 13th century, they overshadowed natural philosophy in Western Europe. Even when Aristotle’s works on natural philosophy had spread widely in Latin translations in the mid-twelfth century before, theologians and lawyers viewed nature as a normative power. Writers in the 12th century created philosophical systems in which the influence of natural forces and the natural law played a significant role. Many Latin translations made in the 12th century, dealing with medicine, astrology, magic and alchemy written by authors such as Ptolemy, Galen, Albumasar, Ibn Sina, Al-Fārābī, Alfarghani, and others who were anonymous or pseudonymous, represent a remarkable surge of curiosity about such matters which was rational in its objectives. In addition, in the Christian tradition, Aristotle´s and Avicenna´s works influenced Thomas Aquinas. Thomas Aquinas also emphasised the necessity and the naturalness of monarchical reign. The opening paragraphs of his De regimine principum describe man as a social and political animal‘ whose natural and necessary state is to live in a society of many similar creatures‘, the ideas ensuing from Aristotle. The ideas of Aristotle and Aquinas resembled each other. The mutual influence of the two systems is a topic of this article.

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THE RIGHT TO LIFE AS A BASIC HUMAN RIGHT- А DIFFERENT PERSPECTIVE FOR NASCITURUS

Author(s): Malina Novkirishka-Stoyanova / Language(s): English Issue: 3 (3)/2023

Article 3 of the Universal Declaration of Human Rights and Article 2E of the European Convention for the Protection of Human Rights and Fundamental Freedoms provide that everyone has the right to life and no one shall be deprived of their life intentionally save in the execution of a court sentence or in the circumstances exhaustively listed in these international acts. This concept is also developed in the European Court of Human Rights case law in Strasbourg. It is assumed that the right to life is related to the acquisition of legal status, which in modern law is the moment of birth. The interpretation of this right is presented in relation also to the concepts of classical Roman jurisprudence, which offers some rational solutions to overcome the problems associated with recognizing the child’s existence in utero and protecting its interests until the moment of the birth of nasciturus. Some decisions of the European Court of Human Rights are presented about the Roman legal concept in the maxim „Nasciturus pro iam nato habetur quotiens de commodis eius agitur“.

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IMMAGINE FEMMINILE E TUTELA DELLA DONNA NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2023

The survey aims to study the female condition in Roman legal and literary sources of the late imperial age. The aim is to bring out the progressive affirmation of an orientation aimed at the legal and social promotion of women, having as its purpose not only the re-evaluation of her role in the family and civil sphere, but the very protection of her intimate morality. A particular object of investigation will be some provisions of the emperors Justin I and Justinian.

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IURA, FEMINAE, MONETAE. THE RIGHTS AND THE POWER OF WOMEN IN ROME REPRESENTED IN THE IMPERIAL COINAGE

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2023

In Ancient Rome under the private law women were subjected to tutela mulierum even if adult and had their legal capacity seriously limited. At the same time they were completely excluded from the direct participation in the public life as ius honorum and ius sufragii were reserved only for men who were Roman citizens. The last century of the Republic was a dramatic period, characterized by the great social changes that occurred in the Roman society. The coinage from ancient times to the present day has been a brilliant illustration of any political, cultural and social events and certainly has had an important significance. On the other hand the coins are also an extremely valuable source of information for the correct understanding and interpretation of many aspects of reality, relevant to the time of their minting. Despite that, the female images had appeared for centuries on Roman coins - goddesses or figures from the legends like the Vestal virgin Tarpeia, but most of the women – the mothers, the wives and the sisters of the great Romans remained invisible in both on the social level and on the coins. In the new era of the Principate with the Augustan legislation the severe rule of the old ius civile was modified and women with ius liberorum were free of guardianship and sometimes this privilege was given without actual satisfaction of the requirement. While, this is the era of a gradual strengthening of the condition, the power and the influence of women in the Roman state and politics and, accordingly, of the gender role, which reflects a radical change in Roman thinking and law, and imposes a new status of women unlike the ancient archaic understandings. Analyzing the history of the Roman law and the rights that it determined to the women we know they had a subordinate position relative to the male members of their family. In the time of the Empire and the Classical law this concept was reshaped and the result was perfectly noticeable in the Roman imperial coinage where firstly the women were depicted after their death and identified with some divinity and later they were represented during their lifetime. The aim of the article is to outline the role and the power of Roman women and to track the process of progressive change on this matter in Classical Rome using together the legal and the historical sources and giving examples for it with the images of important empresses and princesses in the imperial coinage.

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PROSTITUTION IN THE CONTEXT OF ROMAN CRIMINAL LAW

Author(s): Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2023

In this paper it will be shown that criminal legal position of prostitutes and pimps was the reflection of Roman policy concerning sexual as public morality. It was based, on the one hand, on the concept of honor-infamy as the framework of matrimonium iustum and, on the other hand, on the infamous but tolerable prostitution as a form of legal sexuality. Therefore, according to Augustus' lex Iulia de adulteriis coercendis prostitutes were explicitly excluded from punishment for adulterium and stuprum, by which their profession was confirmed as allowed, but at the same time, due to the infamy their position in the society was permanently marginalized. On the other hand, by this law the notion of the punishable lenocinium was established and only the husband who did not accuse his wife of her infidelity was, according to regulations of this law, considered as a pimp. Although pimping in the postclassical law was configurated as a criminal offense per se with innovatively stricter punishment, ambivalent legal position of prostitutes was retained. What is more, their profession not only remained allowed, if not also legal, trade with the aim of controlling men's sexual activities but since Caligula it became subject to taxation, precisely structured and very lucrative.

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IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2023

The well-known story of the noble Lucrezia, who committed suicide to save her honour, continues to provide, even in the thought of the Fathers of the Church, cultural parameters that they draw between legend and historical criticism. Even in the relationship between chastity and suicide it is possible to see the hierarchy of values attested by the indeuropean tradition as confirmation of a social consciousness which cannot be separated from the powerful help of the gods, which can be addressed only by virtue of the highest moral value of a people.

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WOMEN, OBLIGATIONS, LIABILITY – SENATUSCONSULTUM VELLEIANUM

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2023

The role of women in credit relations greatly increased with the development of Roman society in the imperial period. The main evidence for this claim is the adoption of the Senatusconsultum Velleianum in the middle of the 1st century AD. This legal monument provides valuable information about the legal status of women and their involvement in complex legal relations, concerning legal securities for the debt of third parties.This article focuses on the reasons that led to the adoption of this senatusconsultum and the implications it had for the legal sphere of women in Ancient Rome.

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FEMMINILITÀ E SACERDOZIO NELL’ANTICA ROMA. IL CASO DELLE VESTALI

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2023

The priesthood of the Vestal Virgins represents a unique exception in the landscape of Roman religion: it is, in fact, the only priestly college composed solely of women, in a society where religious offices are closely tied to public magistracies, and women are generally relegated to a role of domestic and private care. The priestesses indeed embody an ambiguous nature, with characteristics both of the feminine and the masculine world, teetering between enjoying great privileges and adhering to stringent constraints, the foremost being the safeguarding of their own purity. But it is precisely from the violation of this sacred obligation that the history of Rome originates, with the illegitimate and violent union between Mars and Rhea Silvia, in an event that unveils a paradoxical logic: only a public priestess could have given birth to the founder of the City and set its course in motion.

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