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Кодификациите - Reflexio Iuris Romani

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

The main object of this article is to present the concept of the code and the codification in modern times as a reflexio of the Ancient Roman practice. A survey has been made in order to explain the terminology and the notion of “code” and “codifying”. Our main goal is to determine the preconditions and the purposes of the three basic codifications in Ancient Rome – Lex Duodecim Tabularum, Codex Theodosianus and Corpus iuris of emperor Justinian. The conclusion is considered to be the impact of Roman legal heritage in the modern Bulgarian concept of the code and the codification, as well as in connection with the global problems of systematization of legislation – decodification, recodification etc.

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Публично и частно право - право на собственост

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

The study attempts to consider some fundamental legal phenomena known from ancient times, but requiring modern reading, as well as new phenomena that society in recent years has required as legal regulation. The challenge of the present work is to find the roots and the connection between these phenomena. Traditional and fundamental issues include the distinction between public and private property, as well as the impact of this distinction in view of the different ways in which private property is confiscated in favor of public entities. Newer issues include expropriations such as modern regulations, confiscation of criminally acquired property, and more. The study will trace the historical foundations of the division of property into public and private, as well as the impact of its denial in Bulgaria during certain periods. An attempt will be made to look to in a new way at the time-consuming restoration of this division of property and the consequences for Bulgarian citizens of this return to the classics. The study also comments on a number of works by established Bulgarian scientists which are relevant to the topic.

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Древноримски идеи за правното образование и правните реформи

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

This paper presents the experience of the study and teaching of Roman law and the reform of legal education by Emperor Justinian, which is related to the reform of positive law, the interpretation of jurisprudence and jurisdiction. This topic is discussed in the context of the current reforms of Bulgarian legal education and the judiciary.

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Право и литература

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

The Roman Empire attached particular importance to the processes of forming a universal law that regulated the life of the entire empire. In this article, the main guidelines on which Roman law was built will be indicated.

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Косвени свидетелства за формалните облигации в римското право

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

Roman jurists defined an obligation as iuris vinculum, i.e., a legal relationship or bond between persons governed by legal norms other than those established on the basis of religious, moral, or social patterns of behavior. The Roman poet Horace (65-8 B.C.) frequently used legal terms and situations as artistic embellishments. This preference to combine or dress up the poetic image with a legal idea or concept made his style lively and original, but not only that. He also provides indirect evidence of legal practice in ancient Rome.

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Утицај римско-византијског права на развој биљежничке службе у средњовјековној Србији

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

This work is dedicated to the legal analysis of the development of notarial services in medieval Serbia through the influence of Roman-Byzantine law. At the outset, the terms used to designate the bearers of this function are presented. Public notaries are almost universally referred to as "nomici" or "inomici" (from the Greek"νομικσς"). The Byzantine Empire inherited a rich set of Greek and Latin names for public notaries from its Roman predecessor. Nomici are first mentioned in the territory of the Serbian state in the late 13th century, in a charter by King Milutin to the Monastery of St. George near Skopje. Subsequantly, the social status and activities of Serbian nomici are examined, taking into account the Roman-Byzantine heritage and influences. Finally, two sale contracts are examined, which were drafted according to the Byzantine model. The author concludes that the Roman-Byzantine component in the development of the notarial profession is the most important but not the sole component. It is essential to simultaneously consider influences from other sources and the specific political, economic, and social circumstances significant to the development of notarial services.

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Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes

Author(s): Sorin - Alexandru Vernea / Language(s): English Publication Year: 0

Modern Civil codes are mostly based on Private Roman Law, and this relation can be seen especially in the regulation of contracts and torts. The aim of this paper is to highlight the essential elements of the vendor’s warranty against eviction by reference to the main sources of Roman Law, in order to search for its influence on contemporary civil law, in France, Germany and Italy. The analyze undertaken will use the comparative method, with direct reference to the Roman institutions that influenced contemporary legislation. This study is part of the author’s recurring interest regarding the warranty against eviction, and its main focus is on the definition of eviction alongside the object of the warranty. As a conclusion, the author identifies a slightly different approach concerning the concept of eviction, that explains the similar treatment both for the warranty against eviction and defects, found in current legislations.

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The Right to Defence, an Indispensable Right for the Rule of Law

Author(s): Carmen Silvia Paraschiv / Language(s): English Publication Year: 0

The right to defense is a principle enshrined since Roman law, being considered a minimum requirement and a necessary guarantee to realize the defense of the fundamental rights and freedoms of any party in a process. According to Roman law2 , the advocatus (lawyer) "was not a representative in court, because he did not participate in the process in place of the party, but alongside the party supporting it through the legal knowledge he had. The lawyers' services were free. Women could not practice law." At the same time, referring to the application of the right to defense in Romanian law, "the trial took place in a building, in the presence of the magistrate, the parties, the lawyers and some court officials."3 We thus observe the importance of this principle since ancient times, no person could be tried without the presence of a defender, not even the slave. The study aims to carry out a detailed analysis, both from a theoretical and a practical point of view, of the right to defence, based on the implications of domestic law, but also the provisions of international treaties on human rights and the jurisprudence of the ECHR.

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Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN / Language(s): English Publication Year: 0

The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.

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