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Следкласическото римско право и проблемът с пустеещите земи

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

In every society appears the necessity of rational management of the land. In the Bulgarian legal system there is a lack of unified regulatory framework concerning waste or uncultivable lands and there is a need to look back into Roman law, which shows us the attepmts of Roman emperors to establish more rational organisation of farming the land. It is made a review of development of the land relations during the golden age of Roman Empire. A conclusion is made that it is appropriate to borrow the idea and economic logic which aims to solve the problem of agri deserti.

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Римското право и европейското право

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

An extremely broad harmonization of private law is currently underway in Europe. This leads to the creation of Principles of European Contract Law (PECL) and of Draft Common Frame of Reference (DCFR). In order to create the European private law of tomorrow we should understand the nature and origin of national legal concepts and institutions. This would be possible by teaching Roman law and adding it in the general structure of some basic concepts of national legal systems.

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За римското право и правото на съвременна Европа

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

The necessity and the possibility of forming a unified European law, creating a European legal identity while preserving the specifics of individual national legal systems is justified by the unprecedented movement of people, goods and capital between countries in Europe. The article presents the role and place of Roman law as a model of uniform legislation inside or outside the institutional EU frameworks.

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Римскоправната традиция в европейското право

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

Roman law may be the milestone for the unification and interpretation of national legal systems and norms. The work of European jurists should be directed towards extracting the best from Roman laws and civilization, consolidating the study of Roman law in the perspective of searching for the common core in law by summarizing cultural traditions in law.

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Понятие за добро и справедливо

Author(s): Maria Kostova / Language(s): Bulgarian Publication Year: 0

Ius est ars boni et aequi (Dig. 1,1,1). The famous definition of the Roman jurist Celsus still amazes legal scholars, legal historians, linguists, and philosophers. If we consider the definition without much elaboration and specification of meaning - law is the art of the good and fair – such a statement could be perceived as mere rhetoric with an ethical focus. I venture to offer the following more specific understanding of the meaning of Celsus's definition: Law is the skill of right evaluation of facts (expediency) and impartial justice. I join those scholars who believe that the definition Ius est ars boni et aequi is a definition of the function and meaning of law during Roman antiquity.

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Възникване и развитие на идеята за общ фактически състав на неоснователното забогатяване

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

The article presents a concise review of the origin and development of ideas which led to the general action in unjust enrichment (actio de in rem verso) - a typical feature of legislations, belonging to the Romanic legal family. Starting from Roman law, via glossators and Natural law school, the author arrives at modern times to discuss the problems related to the general character of the rule.

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Един пример за принудително отчуждаване от епохата на Римсната република

Author(s): José Miguel Piquer Marí,Juan Alfredo Obarrio Moreno / Language(s): Bulgarian Publication Year: 0

The topic of this article is related to one of the first reliable data given by Livius (Liv. 40.29.3) for the existence of the compulsory expropriation as an institute known even in the archaic epoch which can be defined as an act of property deprivation against the will of its owner. The article analyses the case with the manuscripts (the so called “Libri”) of the roman rex Numa Pompilius which have been found in 181 B.C. under the Ianiculum hill (sub Ianiculo). The expropriation and destruction of these manuscripts that has been ordered by the praetor is related to a research of the preconditions regulated in the Roman law for such an act of expropriation as well as with the public interest revealed in the case with regard to another private interest in which it enters in to a conflict. This conclusion allows a concentration of the attention on the main elements which allow for the qualification of such acts as expropriation ones and not as purely confiscatory. The ideological, economical and social changes in the domain of compulsory expropriation which form the historical and cultural situation in a certain society have to be taken into account. The acts of the praetor are predetermined by an evaluation of the manuscripts’ content which although created by a Roman rex and containing the historical memory of the Romans have to be destroyed. The reason for that destruction is that the knowledge that they contain may pose a danger to the state religion, the belief in Gods and their religious will. The praetor takes also into account that these books may also diminish the ability of the political organs to take decisions which according to the religion at the beginning of the II century. B.C. are based on the God’s will.

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Териториална организация и местна интеграция

Author(s): Maria Luisa Lopez Huget / Language(s): Bulgarian Publication Year: 0

This article is about the problems of the territorial organization in The Roman Empire and the integration of its population. It traces the statute of cives and incolae, as two different categories of roman citizens who have not only different positions in terms of personal law, but different obligations towards the state and the municipes as well. This article also traces the two-sided commitment of persons with particular territorial structures – by origin (origo) and by domicile (domicilium), as well as the access to the local municipal positions, the duties for munera civilia, the submission to local jurisdiction (forum originis or forum domicilii), the observance of the local laws and the possible collision between them and so on. The examples given in the article illustrate the legal situation in which Roman law had to “coexist” and to accept the features of the common customs and laws, which is considered to be one of the possible reasons for the appearance of the so called vulgarized Roman law.

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Финансовата администрация по времето на император Юстиниан

Author(s): Rosalía Rodríguez López / Language(s): Bulgarian Publication Year: 0

This article considers the main aspects in the organization of the financial administration during the time of Justinian. The information about it is relatively full and makes possible the recovery not only of the structure, but the functioning of the financial administration as well. It views the different categories of officials of the fisc, the publicity of the tax claims and the public expenses, the protection of the taxpayers and so on. The legislation with tax content of Justinian had great practical value for immediate handling with the weaknesses in the administrative organization and aimed the removal of frauds and abuses. In this sense, the instruments, which were started to give publicity to the tax regime and collecting of taxes, to preserve the rights of the fisc, as well as to protect the citizens (favor tributarii), proved to be really admirable. The financial administration is considered to be part of the whole reformative politics of Justinian for institutional renovation (Renovatio imperii) with the cooperation of the intellectual and legal elite and in that way was created a united ideology of authority.

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Размисли върху Festus, 508, 18: Quod populo debetur

Author(s): Manuel Kamacho De Los Rios / Language(s): Bulgarian Publication Year: 0

The article is basically focused on investigation of the sources, concerning the content of the term “vectigal”. It has three different definitions with different significance. The first and the most important of them is those of a tax debt or debitum publicum, which is connected with the other common definition of paying of not only taxes, but public rents, charges and other tax burdens as well. These two definitions are prevailing compared to some others, which concern concrete taxes and even the category of indirect or direct taxes, as it is claimed by the official doctrine. The last definition in terms of indirect taxes is very narrow and does not pay attention to some other categories of proceeds in the fisc, it depends most of the prevailing type of taxes in every historical moment. These terminological considerations must be considered in future investigations and reconsideration in the doctrine, respectively in the relevant rubrics in the dictionaries and encyclopedias as well, where vectigalia are regarded as indirect roman taxes and a lot of different and ambiguous interpretations are given.

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Ограничения върху правото на собственост за градоустройствени цели

Author(s): Carmen Salcedo / Language(s): Bulgarian Publication Year: 0

The article is devoted to some problems of urbanization in ancient Rome which has been defined by Vitruvius Pollion as an activity regulated by the state in order to organize cities and achieve better living conditions, safety, hygiene and aesthetics as well as to establish clear rules for construction, reconstruction and location of private and public buildings. A distinction has been made between the requirements of Public works and the actual construction work in Roman cities. Special attention is paid to the limitations imposed on private property by a public interest - requirements for construction materials, distances between buildings, providing access for people and transport, regulated building height for individual districts, mandatory expenditures for repairs and maintenance of buildings ban for demolition for the purpose of selling construction materials, etc.

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Система на престъпленията според Collatio legum Mosaicarum et Romanorum

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

The author makes a comparison of the Mosaic Laws (i.e. the laws given by God to the Israelites through Moses) and of the Opinions of the Roman Classical Jurists, their ideas on the system of crimes. Conclusions following this comparison are made.

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Политика и престъпност - Идеи от древността

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

The article presents a brief excursion into the past and, in particular, in the Ancient Rome - the cradle of ancient legal civilization. The concepts of policy as they were understood in antiquity – in Rome and Asia - were studied. Specific crime policy of different periods in antiquity are examined. Sources of law in Ancient Rome, which sound particularly relevant today are analyzed.

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ЕДНОСТРАННОТО ПОЕМАНЕ НА ГРАЖДАНСКОПРАВНО ЗАДЪЛЖЕНИЕ В ПРАВОТО НА ДРЕВЕН РИМ

Author(s): Vladislav Datsov / Language(s): Bulgarian Publication Year: 0

The current report is focused on the study of the question whether the unilateral assumption of a civil obligation was recognized by the private law of Ancient Rome. Contracts and unilateral legal statements, which have common elements with the unilateral assumption of a civil obligation, and therefore can be mistaken with it, are analyzed. The closest unilateral statement to the above mentioned has been outlined.

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Ползва ли се със сила на пресъдено нещо влязлото в сила разпределение на съдебния изпълнител?

Author(s): Rumen Nekov / Language(s): Bulgarian Publication Year: 0

The aim of the present research is to make clear if the act with which the enforcement agent distributes an amount that is insufficient to satisfy all creditors in the enforcement proceedings (art. 460 CPC), respectively the court judgement on the distribution (art. 463 CPC) both enjoy ‘res judicata’ effect. The paper examines in details the case law and the legal theory on the referred question.

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Някои размисли относно религиозната свобода във връзка с член 9 от ЕКПЧ и римското право

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

The article discusses Article 9 of the ECHR in parallel with the Roman legal concepts of religious freedom and tolerance, placed mainly in the pagan period until the establishment of Christianity as the only and obligatory state religion at the end of the IV century. Conclusions have been drawn about the universalism adopted in the ius gentium with regard to the religions of the peoples in Romandominated Mediterranean, Europe, Asia Minor and North Africa.

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Историческо развитие на крайната нужда през Средните векове

Author(s): Teodor Peshterski / Language(s): Bulgarian Publication Year: 0

With the rediscovery of the Corpus iuris civilis by the Bolognese glossators in the early twelfth century, the process of the actual development of the concept of gross disparity, named by them as laesio enormis, began. From its limited field of application in the post-classical Roman law it transforms itself into a universal remedy for establishing the just price and restoring the equality in exchange. The glossators managed to develop a rule, which is enforced by means of the ius commune in the secular and ecclesiastical courts throughout Western Europe in the course of more than five centuries.

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The Evolution of the Property Concept in Roman Law

Author(s): Ionuţ Ciutacu / Language(s): English Publication Year: 0

In primitive times, people used things from the environment to satisfy their basic needs. Initially, things were used to satisfy elementary needs. Later, the production of the three social divisions of labor contributed to the development of society and to the increase of the role those certain categories of objects had in everyday life. Along with this, people became aware of the importance of regulating the control they exercised over these things and the necessity of enshrining the right of ownership. In Roman law, the institution of property crystallized after a long process. This process began in the very Ancient Era, when movable property came under the scope of private property, and land came under the scope of collective property, continued in the Classical Era, when private property manifested itself in several forms, and completed in the Post-Classical Era, with their unification.

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Аспекти на реформите в римския наказателен процес по времето на републиката

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

The article presents a summary of some facts of the evolution of Roman criminal procedure law and its application in the specific historical context, which as ideas, directions of development and principles may have a bearing on contemporary reforms of this matter. It studies the problem of the bail of the defendant in the Roman criminal process in the reform of criminal justice, which is related both to the constitutional right of defence and to the actual application of the presumption of innocence.

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Някои аспекти на превенцията на престъпността в Древния Рим

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

The article aims to point out that crime prevention has its foundations laid back in Antiquity and in particular in Ancient Rome. Prevention is a term having a Latin origin, as stated in all dictionaries. It is since ancient times that not only theoretical views have been formed, but also concrete measures to prevent criminal activity, created sporadically for specific political needs but also consistently following a certain policy to counteract unlawful acts, complementing each other and acting.

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