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ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2021

The article discusses the origin and meaning of the notion and the term leonine partnership, as well as the problems associated with the distribution of profits and losses between the partners in the consensual contract for partnership in Roman law. The fragment from the Digests of Justinian where actually is the unique mention of the expression societas leonina and this form of partnership is defined by the Romal classical jurist Cassius is subjected to a legal-dogmatic and linguistic analysis. The fable of Phaedrus for the partnership between a lion, a goat, a cow and a patient sheep which is considered to be the original source, used for forming the concept of the leonine partnership in Roman legal thought is completely analysed and interpreted. The author paid special attention to the magna questio (the great discussion) among Roman jurisprudence, dating from the period of the end of the Roman Republic with some projections and in the classical period in connection with the distribution of profits and losses in the consensual contract of partnership as a result of the partnership`s activity. And on the other hand the article examines the problem about the existence of privileges or restrictions for certain partners regarding the profits and analysis of the two leading opinions on the subject through the exegesis of a fragment of the Institutions of Gaius.

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Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 4 (2022)

Author(s): / Language(s): Bulgarian

This issue is especially dedicated to the 60th anniversary of the University of Plovdiv, celebrated in 2021, and to some jubilees celebrated this year – the 300th anniversary of St Paisii Hilendarski, the 260th anniversary since the creation of his famous book Istoria slavenobolgarskaya and the 30th anniversary of the Law Faculty at the University of Plovdiv.

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Религиозната толерантност в древността : Сборник статии и доклади 2013-2014

Author(s): / Language(s): Bulgarian

The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".

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The Influence of Rhodian Law on the Origin of the Actio Exercitoria

Author(s): Mirjana Miškić / Language(s): English Publication Year: 0

The actio exercitoria formally becomes part of Roman law by an edict of the praetor. However, the question arises as the whether it is an autochthonous Roman institute or whether the inspiration for its emergence was found in Greek maritime law. The author will try to give a possible answer to this controversial question by clarifying the mutual connection and relations between those two institutes are gently suggested in literature, through various ideas of Romanists. By questioning various theories, the author will try to answer whether actio exercitoria was exclusively of Roman origin.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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LA CREATION DE LA PROVINCE ROMAINE DE MOESIA INFERIOR SUR LE TERRITOIRE DE LA BULGARIE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2022

In the Roman provinces of Moesia Inferior and Thrace, created at the beginning of the 1st century AD, there is a mutual penetration of the traditions of government, culture and religions of the Thracians, Greeks and Romans. This creates a specific basis for the development of legislation and the legal framework of a number of institutions specific to this region, especially in the province of Lower Moesia, which was not urbanized before the arrival of the Romans. Despite the few sources of data for this period, historical science in Bulgaria as well as other research for the region has had significant successes in reconstructing the political, economic and social situation in this Roman province. However, less attention is paid to provincial law, which poses a challenge for Bulgarian Romanists.

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Римско право и европейско право. Сборник статии

Author(s): / Language(s): Bulgarian

Papers of this collection cover different areas of legal science and analyse their Roman and/or European aspects. Discussed topics - civil (private) law, public law, EU law, international law, environmental law, theory and history of law, Roman law.

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Юбилеен сборник 15 години Юридически факултет

Author(s): / Language(s): Bulgarian

This collection is dedicated to the 15th anniversary of the Faculty of Law at Paisiy Hilendarski University of Plovdiv. On this occasion, a scientific conference was held in Fall 2007. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.

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Правото - изкуство за доброто и справедливото. 20 години Юридически факултет

Author(s): / Language(s): English,Bulgarian

This collection is dedicated to the 20th anniversary of the Faculty of Law at Paisiy Hilendarski University of Plovdiv. On this occasion, an international scientific conference was held on September 2012. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.

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Правната наука - традиции и актуалност. Научна конференция по случай петдесетата годишнина на Пловдивския университет "Паисий Хилендарски", Пловдив, 30 септември - 1 октомври 2011 г. (организирана от Юридическия факултет)

Author(s): / Language(s): Bulgarian

This collection is dedicated to the 50th anniversary of the Paisiy Hilendarski University of Plovdiv. On this occasion, a scientific conference Legal Science – Traditions and Actualities was held in Fall 2011 at the Faculty of Law. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, labour and social security law, public (constitutional and administrative and financial) law, international law, criminal law and procedure, history of law and Roman law.

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Развитие на публичното право. Традиции и съвременност : Сборник статии и доклади от международна научна конференция на Юридическия факултет на ПУ „Паисий Хилендарски“, Пловдив, 23 май 2012 г.

Author(s): / Language(s): Bulgarian

This collection follows an International Scientific Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties, from the Institute for Legal Studies of Bulgarian Academy of Sciences and from Spanish law faculties, too. Presented papers are included in this collection. Not the least, this collection is dedicated to a colleague who passed away after the conference. It is pro memoria to the brilliant colleague who was one of leading and internationally known scholars of Bulgarian public law - Prof. Emilia Kandeva, PhD.

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Модели за система на престъпления според съвременното наказателно право : Сборник материали от Пета международна научно-практическа конференция, организирана от ЮФ на ПУ "Паисий Хилендарски" и ЦЮН на БСУ, 12 юни 2012 г.

Author(s): / Language(s): Bulgarian,Russian

This collection follows the 5th International Scientific-Practical Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties and from Russian law faculties, too. Presented papers are included in this collection.

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АКТУАЛНИ ПРОБЛЕМИ НА ЧАСТНОТО ПРАВО. Сборник с доклади от юбилейна научна конференция в чест на акад. Любен Василев

Author(s): / Language(s): Bulgarian

Collection of reports from the scientific conference in honor of the 110th anniversary of the birth of Academician Lyuben Vassilev, held by the Institute for State and Law at the Bulgarian Academy on September 16 and 17, 2021.

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LINGUA IURIS

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2024

The article considers the language of law. Particular attention is paid to the position of Latin as a lingua iuris from Antiquity through the Middle Ages and Modern Times, as a main instrument outlining the legal principles and their conceptual systematization. The legal Latin terminology used today is examined in the light of the general development of law in Europe as a common and unified sustainable legal vocabulary in modern languages, that unites the different national legal systems and supports the concept that Roman law is ius commune, on which the European legal culture stands.

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