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A SENATUS CONSULTUM ULTIMUM MINT SZÜKSÉGHELYZETI FELHATALMAZÁS CICERO BESZÉDEIBEN

Author(s): Tamás Nótári / Language(s): Hungarian Publication Year: 0

In Cicero’s oeuvre, there are two orations (both from the year 63 BC) when he mentions and analyses the importance of the senatus consultum ultimum. These loci can be found in his oratio Pro Rabirio perduellionis (the speech of defence on behalf of Rabirius accused with perduellio, i.e. having killed the plebeian tribune Saturninus) and his consular orations In Catilinam held against the Catilinarian conjuration. With the senatus consultum ultimum, the senate gave a declaration of a special state of emergency and empowered the magistrate to act without any respect to usual legal boundaries and restrictions only in the interest of the state. In order to throw light on the importance of the senatus consultum ultimum, in this paper, the role of the magistrates and the senate in the Late Republican Rome will be analysed first, the differences between the power of the dictator and the role of the senatus consultum ultumum will be compared, and, finally, the significance of the senatus consultum ultimum in the Roman ius publicum will be explored.

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The Roman Roots of Minors' Criminal Liability

Author(s): Mariateresa Carbone / Language(s): English Publication Year: 0

The impubes’s delict liability, in the classic period, is subordinated to being doli or culpae capax; two decemviral provisions, instead, established a less severe sanction with respect to pubes in case of impubes’s criminal behavior regardless from assessment about their actual ability to commit crime. Some textual clues allow us to speculate on the historical event that determined this evolution whose goal stands as a fundament of our current regulations, where an age range is also expected, characterized from an absolute presumption of not-imputability to the next one (that a recent proposal of law would tend to turndown, bringing it closer to the ages of pubertati proximi) where the imputability depends on the ability to understand and want the subject.

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Specificatio in the Law of Real Rights of the Republic of Srpska in the Light of the Roman Law

Author(s): Samir Aličić / Language(s): English Publication Year: 0

The object of this paper are the rules of the article 119 of the Law of Real Rights of the Republic of Srpska on specificatio, i. e. on the acquisition of property by change of species of a thing. These rules are subject to an ontological interpretation, in regard with the original context which they had in the Roman law, and are contrasted with the solutions of the comparative law. The scope of the paper is to offer interpretation of the text that would cover the situations that could appear in the legal praxis, and which are not explicitly regulated by the Law, and to offer possible solutions de lege ferenda.

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"Bene Comune" e ambiente: una lettura romanistica della enciclica laudatio si'

Author(s): Giovanni Carlo Seazzu / Language(s): Italian Publication Year: 0

In accordance with a legal construction, of feudal origin and dominant today, the universal nature of the collectivity is understandable and understood exclusively as an abstract legal person, and, accordingly, the regime of it's will has to be and is exclusively in hands of smalls number of representatives. Such a construction negates to any concrete collective body the management, in general, of the proper goods and, in particular, of those essential as environment.The hope entrusted (in a manner of highest authority too, with the Encyclical letter “Laudato si’”) to the Roman legal categories of res communes and actio popularis, to invert the logic of the feudal construct, seems to be professed by legal-historical doctrine of the nineteenth century by attribution of such constructs to the Roman law. But this doctrine is out in doubt by those claiming that, on the contrary, the rule of the roman law on the unitary ownership and management of the common goods by, precisely, the same collective understood concretely. In this article, a first, positive confirmation of the verisimilitude of this new claim is being obtained by an examination of the studies dedicated to the structure and the dynamic of homologous private and public collectivities: municipia and collegia.

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Diffusione del diritto romano e sistemi giuridici: Lettera di saluto

Author(s): Pierangelo Catalano / Language(s): Italian Publication Year: 0

1. European Union versus Roman model? Many countries nowadays Reject people who are different, especially migrants. This contradicts Roman concept of citizenship. 2. Eurasia. Legal unity of Eurasia can rest on Roman law understood as a "system of good and equity" as opposed to unified "Western law" or even so called "global law". Studying Roman law is beneficial in the context of "Eurasian solidarity". 3. From Karl Marx to venerable Giorgio La Pira. It is interesting to note the significance Karl Marx attaches to the "collective" aspects of the so called Quirite (Roman) property. The work published in 1941 by Italian socialist Francesco de Martino opposing Nazi interpretation of Roman law is of utmost importance. The work was praised by professor of Roman law Giorgio La Pira. 4. Colloquium of Romanists. Novi Sad. Colloquium of Romanists of socialist countries (later countries of central-east Europe and Asia), set up at the University of Karl Marx in Leipzig in 1977 criticized bourgeois individualism and "western" legal theorists. Based on conclusions drawn at the Colloquia (one of which was held in Novi Sad 2002) and subsequent Eurasian seminars on Roman law (the first of which was organized in Dushanbe, Tajikistan in October 2011) recognition of legal unity of Eurasia finally took place. 5. Salutation to peace and Fraternity. Giorgio La Pira noticed that Roman and Chinese empires both aspired to peace. He, personally, was a fervent supporter of world peace. In 1995 he went on a "pilgrimage" to Moscow setting off from Fatima; In 1965 he arrived in Vietnam, visiting on his way Moscow and Beijing. On this day East Sarajevo is the city that took this great responsibility of opening European Union towards Eurasia with the aim of accepting other peoples under its wing and with peace in mind.

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Due essenziali e prioritari "problemi generali di diritto attraverso il diritto romano"

Author(s): Giovanni Lobrano / Language(s): Italian Publication Year: 0

Subject of the research is a counterpoint between two concepts of the state: "Roman" or democratic which is based on the idea of direct democracy and pandectistic which rests on the idea of political representation. Author concludes that in order to be able to use Roman model as a source of possible solutions for current constitutional challenges, we must leave behind pandectistic doctrine and rediscover roman doctrine as it was prior to 19th century.

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De civitatibus expellendis et ultimo supplicio tradendis in C.1.5.5.1: due sanzioni in contrasto?

Author(s): Mariateresa Carbone / Language(s): Italian Publication Year: 0

The Justinian version of a constitution by Theodosius II, accepted in C.1.5.5.1, establishes both exile and the ultimum supplicium as penalties against the Manicheans. The apparent antimony between the two sanctions could be resolved if it is believed that the execution of the second was subject to failure to comply with the first: if the person condemned to exile had been found on Roman soil he would have been killed, punishment perhaps evoking the ancient sanction of sacredness.

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L'accessione verticale nei diritti dei Paesi dei Balcani occidentali - una prospettiva romanistica

Author(s): Samir Aličić / Language(s): Italian Publication Year: 0

This paper examines rules governing construction on other's property as a means of acquiring interest in property in the legislation of Western Balkan countries. Laws governing this issue were based on Austrian Civil Code (1811). However, in the socialist era they underwent radical changes due to which legislation in these countries provide for legal solutions which are far more favorable for the constructor, compared to that of European countries. By virtually abolishing the rule superficies solo cedit applicable to the bona fide principle and to social- economic circumstances as the criteria used to determine whether a construction is a property of constructor or of a landowner. Author analyzes the said rules and principles from the aspect of Roman law in order to point to potential development tendencies in legislation.

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Noxa, pauperies e magia nella legislazione decemvirale: condanne di falsa nossalità in ordine alla differente configurazione della responsibilità del pater per il danno provocato dal sottoposto rispetto a quello dell' animale

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Publication Year: 0

Already the legislation of the XII Tables consecrated, in the course of a difficult evolution of the unlawful acts, means of protection in case of liability of the pater for the damage caused by his subjects or his animals as well as in defense of some "magical" illicit acts. The considerations underlying a different reconstruction of the nossal abbandon, compared to that proposed by the doctrine subsequent to Biondi, allow us to advance the hypothesis that, both the filius and the slave, in performing an unlawful act, may remain obligated to civiliter ex delicto. The result is a personal responsibility and a condemnation comforted by the ancient private revenge, the actio noxalis being structured as a vindicatio of the guilty. The pater or domanus will not be convicted on the bases of a direct responsibility to the injured person but on the basis of the power relationship with the subject. In summary, the head of the family when he wants to assume the consequences of the illegal act committed by those who fall under his power, will intervene in the judgment and if unsuccessful will pay a sum of money. On the contrary, he will intervene in the judgment only to complete the dedicated noxae. Given this mechanism, the actio dei pauperie and the means that recall its discipline, are based on the dominium that the owner of the animal boasts of the same and for which he responds almost always objectively. The equalization between the penalties (sometimes even very serious) provided by the damage caused by the animal and those provided for by the normal nossal procedure is only external, made by the compilers on the basis of a different meaning of nox (now only corpus quod nocuit) attributable indifferently both to the illicit act of the subject and to the damage of the animal.

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La gestione di affari altrui necessaria e utile

Author(s): Valentina Cvetković-Đorđević / Language(s): Italian Publication Year: 0

Modern institute of benevolent intervention in another's affairs dates back to the Roman law where a praetor first protected absent persons who were not able to take care of their interests. In such a situation if another person ( negotiorum gestor, intervenor) without previous authorization or duty manages affairs of another person (dominus negotii, principal), legal protection was given to both. In further development different cases were legally protected in which a gestor acted to benefit a dominus negotii. All the cases in which an intervener acts in the interest of another person are divided in two groups. In the cases of the first group intervention is necessary because a principal, or his property or interests are endangered. Therefore an intervener manages another's affairs in order to protect principal or his property or interests. In the cases of the second group an intervener acts not to prevent the damage but to achieve a benefit for him. The paper analyses the way in which all the cases of negotiorum gestio are formulated and regulated in Austrian and Serbian law as well in the Principles of European Law on Benevolent Intervention in Another's Affairs.

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Fonti romane della "procura"

Author(s): Giovanni Carlo Seazzu / Language(s): Italian Publication Year: 0

The complex nature of agency rests in power of appointment of the apointer in the appointee, and thus it has the ability to determine legal system in which it occurs, or vice versa, in which does not occur. Contemporary Roman legal science, particularly the most prominent pandectists of the 19th century, Bernhard Windscheid (who utilized contribution of Friedrich Karl von Savigny and Paul Laband) seek sources of agency in Roman law. This important dogmatic and semantic novelty has been achieved by rather limited means: ascribing to Roman iussum meaning of not "order" but of "assigning power" i.e. procura. However, more overview of works of the greatest pandectist of the previous century, Christian Friedrich von Glück call into question Windscheid's textual arguments. Doubt is not overcome upon exploring second note written by Pietro Bonfante, translator of Glück and supporter of Windscheid either, the note that advocates the doctrine of the letter.

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Јавни биљежници у Византији

Author(s): Mirjana Pupić / Language(s): Serbian Publication Year: 0

Byzantine contribution to the development of notary is significant, even greater than previously emphasized. However, tabellions in the emperor Justinian's time had not reach the level of significance they had later, in the tenth century. The author confirms this position with a detailed analyses of Byzantine tabellions in the Book of Eparch, written in that period. This collection of regulations governed the rules of conduct of many guilds such as dealers in bullion, bankers, wax and taper merchants, tanners, butchers, bakers, etc. The importance of the notary is reflected in the fact that the first chapter of this edict is dedicated to them, notably the most important profession among the twenty-two trade and craft guilds. Moreover, the chapter on the college of notary is most detailed one in the whole Manual. The chapter gives a meticulous account on many issues concerning the tabellions, making them into a more serious institution corresponding professional organization. It contains 26 paragraphs, while other collegia have significantly less space dedicated to them. The fact that some writers consider this part of the Book of Eparch to be the first notarial code in the world, further confirms the importance of this legislative undertaking.

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Die böhmische Leibeigenschaft in Rechtsdokumenten (1648-1742)

Author(s): Ivo Cerman,Michal Morawetz / Language(s): German

After the Thirty Years’ War the peasants in Bohemia found themselves living in a harder version of subject status (Untertänigkeit) which was known as ‘Bohemian serfdom’ (böhmische Leibeigenschaft). The present edition of German and Czech legal documents reconstructs the formative phase of this legal institution up to the Franco-Bavarian occupation of the Bohemian lands, when Maria Theresia was compelled to discuss the abolition of subject status and serfdom. It was during this debate that ministers in Vienna commissioned a legal opinion entitled Deductio ratione servitutis bohemicae et moravicae which describes the legal competencies and disabilities of serfs in full. In so doing this document, which is edited here, closes the formative phase of Bohemian serfdom. The edition, which is inspired by US works on slavery, includes also documents on the the status of newly born kids. It also focuses on natural law arguments.

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4.50 €

Римско право и његов трајни карактер

Author(s): Marija Ignjatović / Language(s): Serbian Publication Year: 0

The constant need to deny and marginalize the importance of Roman law is a normal phenomenon, not only at the time of the adoption of the most important codifications of civil society, but also in modern times. However, the Roman concepts of property, contracts, obligations and legal theory make these actions unsuccessful. The institutes that emerged from it show its enormous importance in the construction of modern private law. Roman law was the first ius commune and can still serve as a model today, when the unification of law is sought throughout Europe. Because of these values, Roman law represents a universal and civilizing heritage that belongs to the entire modern world.

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Sumptuariae leges в контекста на римските представи за aequitas и iustitia

Author(s): Dorothea Valentinova / Language(s): Bulgarian Publication Year: 0

The laws against luxury (sumptuariae leges) are a unique phenomenon in the legal and cultural history of ancient societies. Their appearance marks the arrival at a limit in their development, from which new desires, claims and needs (related to the changed standard of life and territorial expansions) cease to be incentives for civilizational development and become harbingers of demoralization and spiritual decay. Today, the problems of limiting luxury and extravagance are not subject to legal regulation.

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За правото като "изкуство за доброто и справедливото"

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The definition of law as "Art of the Good and the Fair" by the great Roman jurist Publius Juventius Celsus originated on the border of two centuries - 1st and 2nd century AD. It was the period when he lived and worked. Analyzing Celsus's definition of law, fundamental questions arise: in what sense is law defined as art (ars), and to what extent is there a complete identification between ius and ars? Analyzing Celsus's opinion, the semantic emphasis is considered to be on the identification of law with art. But it is not about any art, but about that which is bound up with the good and the fair. Such a definition was necessary in the time of Celsus and Ulpian as well as Justinian and is mainly associated with the definition of the high place of jurists in society and the stimulation of those who study law. It is still needed today to remind us what the mind of jurists should be in the creating and applying the law.

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Правното образование в древния Рим

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The study of development of legal education in the Ancient Rome is rarely done on its own, as it is included in the much larger problematic of the history of Roman jurisprudence. However, all of the works that examine Roman law as the creation of jurists, its philosophy and development, note the enormous importance of the education and training of jurists for the development of law itself as a science as well as for practice. In both cases, the question of continuity and the transmission of knowledge from the iuris prudentes (those who know the law) to their successors and audiences - future jurists - arises. Law professors would all be pleased if their students also have passion and affection to legal knowledge and high sense of responsibility for the profession.

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За ресцисия на съдебни решения в римското право: конститутивен ефект или декларативно обявяване на нищожност?

Author(s): Daniil Tuzov / Language(s): Bulgarian Publication Year: 0

It is a common idea in Romanist doctrine that the use of the term 'rescindere' in the sources when referring to the effect of challenging judgments can mean – together with the destructive consequences of the judgment on appeal or in full restitution (in integrum restitutio) – also "annulment" of the judgment. The greatest development of this concept is found in the famous work of L. Raggi. However, the sources do not reveal any tendency to use the term 'rescindere' in a sense that is substantially removed from its etymological meaning of a declaratory statement of the nullity of the judgment. The inconsistency of the concept is even more apparent if one takes into account the regular use of the term under analysis in its ordinary meaning – the setting aside of an actual judgment – and also if one extends the analysis beyond the confines of the procedural sphere and takes into account the entire body of Roman sources in which the term 'rescindere' is used.

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Clausula rebus sic stantibus и hardship: аспекти на развитието на ролята на съдията

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Publication Year: 0

The article discusses two doctrines dealing with the meaning of changes in circumstances occurring after the conclusion of the contract, namely clausula rebus sic stantibus and “Hardship”. These two doctrines assign different roles to the court based on the relationship between the court and the law, on the one hand, and the court and the contract, on the other. To explore the context of the problem, I will first examine the origins of the clausula rebus sic stantibus and then compare it to the role of the judge in the so-called "onerousness of the contract" according to recent European projects in contract law. It is reasonable to expect that, despite the changed circumstances, the parties will primarily respect their agreed balance of contractual obligations. Likewise, the court should seek to preserve the original balance and distribution of risk.

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Продажбата на заложено имущество за удовлетворяване на кредитора в римското право

Author(s): Krasimir Genov / Language(s): Bulgarian Publication Year: 0

The sale of the pledged assets in the event of default by the debtor within the agreed period was a common means of enforcing the lien in the Post-Classical period. If we look the Roman law of pledge in this context, it cannot fail to strike us that this real contract, as it was created and applied by the ancient Romans, has largely survived the ages and has come down to us in the form familiar to the legislatures applying the continental legal system today. The contract of pledge once again demonstrates the perfection of Roman legal thought in the field of security in rem, the prudence and pragmatism of Roman legislators and their desire to guarantee the claims of creditors as far as possible, thereby creating security for the entire civil turnover and at the same time ensuring that the rights of the economically weaker parties to a pledge relationship were not prejudiced.

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