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Ostrożnie z marksizmem! Uwagi na marginesie rozprawy Tomasza Banacha Katylina i tabulae novae. Problem powszechnego zadłużenia i utilitas rei publicae w mowach Cycerona. Warszawa: C.H. Beck (2022, ss. 87, ISBN 978-83-8291-242-5)

Author(s): Maciej Jońca / Language(s): Polish Issue: 2/2023

In Tomasz Banach’s interesting and useful monograph on the promises of debt relief (tabulae novae) with which Catiline tried to win the favour of Roman society, the reader can find statements in which the author expresses powerful opposition to some „Marxist” and „neoliberal” tendencies. Unfortunately, the author does not explain what he understands by the term “Marxism”, nor does he cite academic literature to define the characteristics of a „Marxist Catiline”. This is a mistake, because the views of Polish representatives of Marxist doctrine regarding the figure and achievements of Catiline, are analogous to those of Tomasz Banach.

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ФУНКЦИЯ НА НАКАЗАНИЕТО В РИМСКОТО ПРАВО

Author(s): Amparo Montañana Casaní / Language(s): Bulgarian Issue: 1/2023

Through the course of history, the jurists have taken as the basis of the penalty two different criteria, one grounded in ethics and the other based on political reasons. When studying the function of the penalty through the history of Roman Criminal Law, we cannot avoid this double perspective. We shall analyze the evolution of the crimes and the penalties from the creation of the Roman state to the Empire, taking into account the interests protected by the Law as well as the aim of the lawmaker when punishing certain behaviors.

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ПЕТ ПЕРСОНАЖА ПЛЮС ЕДИН. ДАНТЕ И ПРОЦЕСЪТ НА ИИСУС

Author(s): Francesco Lucrezzi / Language(s): Bulgarian Issue: 1/2023

The essay is focused to the way in which Dante, in his Comedy, deals with the fellows who are involved in the trial against Jesus. Each of them is represented separately, but the several descriptions, considered all together, give an exact idea of the theological and legal vision of the poet on the famous trial. Besides the accused Jesus, the High Priests Caifa and Hanna (who represented the justice of the Synedrium), and the traitor Judas, who gave Jesus in the hands of the Romans, we find also the emperor Titus, who, with the distruction of Jerusalem, realized the "revenge of the revenge of the ancient sinn", giving a final conclusion to the event. But another figure must be added to the first five: Pontius Pilatus, the governor of the province of Iudaea, who represented the power of Rome, and is never named in the poem. This omission has to be considered intentional, and is functional to an exact ideological goal.

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КАКВА Е ИСТОРИЯТА НА ПРЕСТЪПНОСТТА И НЕЙНОТО РЕПРЕСИРАНЕ В РИМСКАТА АНТИЧНОСТ? ИЗВОРИ И ПЕРСПЕКТИВИ

Author(s): Hélène Ménard / Language(s): Bulgarian Issue: 1/2023

The history of crime is a relatively recent field of research in ancient history, with its own specificities due to gaps in documentation. The aim here, therefore, is not to paint a hypothetical picture of crime and its repression in any period of Roman antiquity, but rather to outline a few current trends in research, notably through the exploitation of hitherto under-exploited sources (from archaeological to epigraphic sources - notably curse tablets and graffiti and papyri). It's also an interdisciplinary approach that focuses on the perceptions of the Romans themselves.

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ЧЕЗАРЕ БЕКАРИА, ИЗТЕЗАНИЕТО И „РИМСКИТЕ ЗАКОНОДАТЕЛИ“

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

In Cesare Beccaria’s On Crimes and Punishments the chapter on torture, one of the most famous of the book, contains a significant recall of Roman law. The author refers to ancient experience to strengthen his arguments against torture. The article explores the use of Roman law done by Beccaria, especially with regard to the controversial relationship between torture and veritas. In particular, through the reading of some sources (including texts of D. 48.18 De quaestionibus), it is intended to demonstrate how this relationship appears overly simplified in Beccaria’s point of view.

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RESPONDERE, OBNOXIUS, PERICULUM: ТЕРМИНОЛОГИЧНИ ВЪПРОСИ В ОБЛАСТТА НА НАКАЗАТЕЛНАТА ОТГОВОРНОСТ НА ДЛЪЖНОСТНИТЕ ЛИЦА В РИМСКОТО ПРАВО

Author(s): Elena Quintana Orive / Language(s): Bulgarian Issue: 1/2023

The term „responsibility“, although of Latin root, appears for the first time referring to the responsibility of civil servants in England, in the course of the parliamentary political debate of the 18th century („responsibility”) adopting the meaning of “to be held accountable“ or to be ”morally imputable“; however, in Roman sources the term „respondere“ and other forms derived from it are used to refer to the responsibility of officials. Likewise, the article deals with two other words: „obnoxious“ and „periculum“ referring to public officials and employees with the meaning of „being responsible“.

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DECIMATIO КАТО КОЛЕКТИВНО СМЪРТНО НАКАЗАНИЕ В ПРИЛОЖЕНИЕТО НА РИМСКАТА DISCIPLINA MILITARIS

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Issue: 1/2023

In Roman law there are specific rules for the soldiers, both in the private domain (ius singularis) and in the special legislation that starts to form at the end of the Republican period when the legions embark on a path to professionalization. A specific legal system (ius militaris) was consolidated during the 2nd and 3rd centuries AD based on the emperor' edicts, and the emergence of legal literature with works that are usually entitled "De re militari". Within the Roman soldier law, special importance is given to the regulation of criminal behavior and the corresponding penalties (disciplina militaris) of diverse nature. These precepts mark a certain advance in the existence of what could be called in modern terms, "Roman military criminal law". From the earliest times of Roman history the decimatio was a form of maximum collective military punishment.

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УЧАСТИЕТО В ПРЕСТЪПНО СДРУЖЕНИЕ И ПРОДЪЛЖЕНОТО ПРЕСТЪПЛЕНИЕ

Author(s): Nikoleta Kuzmanova / Language(s): Bulgarian Issue: 1/2023

Participating in crime association is not a continuous crime. Its executive act is done by action – active behavior, which express perpetrator’s willingness to join a particular association. Crime is considered done once the perpetrator has become part of the association’s organizational structure. The statute of limitations for criminal prosecution starts from the moment the crime is completed. Local competent authority of pre-trial proceedings is the one on whose territory the crime was committed. Duration of participation has impact on choosing the type of punishment and its individualization.

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ИЗВЪРШВАНЕ НА ПРЕСТЪПНА ИЗМАМА ЧРЕЗ ДОГОВОР

Author(s): Angel Shopov,Kuzman Minkov Martinov / Language(s): Bulgarian Issue: 1/2023

The qualification of the crime of fraud and the specific circumstances to be proven in each case requires that the differences between criminal fraud and civil-law deceit be taken into account, including the cases of breach of contract and of defective performance.

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DE RAPTU VIRGINUM VEL VIDUARUM. ЗА ПРЕСТЪПЛЕНИЕТО ПОХИЩЕНИЕ НА ДЕВИЦИ ИЛИ ВДОВИЦИ СПОРЕД ОСНОВНАТА МУ УРЕДБА В ТЕОДОСИЕВИЯ КОДЕКС (CTH.9.24)

Author(s): Methody Todorov / Language(s): Bulgarian Issue: 1/2023

The article interprets the imperial constitutions in the title CTh.9.24, their relationship to previous legal arrangements. The paper analyses the crime of raptus, its characteristics, the persons punishable for it and the punishments provided for them and traces the development of punishability and the consequences of the crime for the relationship between raptor and victim.

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КРАТКИ РАЗСЪЖДЕНИЯ ПО ДВА ФРАГМЕНТА ОТ ПОМПОНИЙ НА ТЕМА FURTUM USUS: D. 13.1.16 И D. 47.2.77 (76) PR.

Author(s): Lucio Parenti / Language(s): Bulgarian Issue: 1/2023

Harsh criticisms and some misunderstandings in the interpretation of two texts of Pomponius, D. 13.1.16 and D. 47.2.77 (76) pr., needed an intervention aimed at identifying the exact scope of the two fragments. This has been made necessary relative to their great importance in the realm of furtum usus. In particular, we tried to identify the extent and limits of liability of the bailee and of the depositary, in the case of unlawful use of the res receipt, having particular regard to the hypothesis that it constitutes furtum usus, highlighting the different effects compared to furtum rei made by the holder.

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LA STIMA DEL DANNO AQUILIANO NEL CASO DELLA DISTRUZIONE DI UNA PARTE DEL CORPO COMPLESSO

Author(s): Samir Aličić / Language(s): Italian Issue: 1/2023

The object of this paper is the estimation of the damages in the case when destruction or lesion inflicted to one physical object leads to shrinking of the value of other things, which are functionally, though not physically, interconnected with the damaged object, like in the case when somebody kills or wounds a horse which is a part of the team in a trained quadriga. The research is centered on the application of the lex Aquilia in the classical roman law.

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ДЕЛИКТНА ОТГОВОРНОСТ: ВРЕДИ, ПРИЧИНЕНИ ОТ НЕДЕЕСПОСОБНИ ЛИЦА В РИМСКОТО ПРАВО

Author(s): Tanya Mirtcheva / Language(s): Bulgarian Issue: 1/2023

The present study aims to examine some specific aspects of the institute of tort liability in Roman law - specifically the damages caused by incapacitated persons. The subject of the research is the realization of liability for damages caused by this category of people who are capable of tort but not liable for it.

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УОПШТЕ О АДЈЕКТИЦИЈСКОЈ ОДГОВОРНОСТИ D.14.1.5.1. HOC ENIM EDICTO NON TRANSFERTUR ACTIO, SED ADICITUR

Author(s): Mirjana Miškić / Language(s): Serbian Issue: 41/2019

Dogmatic nominal ground glossators created for the group of actions with the principal’s liability as common denominator will be accepted as a general name for all actions. Did glossators properly interpret Paul’s words and does the name they created essentially reflect the original Roman concept? The principle of actiones adiecticiae qualitatis i.e. accessory liability suggests that there are two independent types of liability: liability of direct contractor and the principal’s liability. What is the nature of their relationship and can they really exist independently in a legal system or is it a only Roman law theory?

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SOME ASPECTS CONCERNING THE PROTECTION OF INCAPABLE PERSONS IN ROMAN PRIVATE LAW

Author(s): Alin-Gheorghe Gavrilescu / Language(s): Romanian Issue: 01 Supp/2023

The article proposes an analysis of the main legal institutions for the protection of incapable persons in Roman private law, respectively guardianship and guardianship. After a short introductory part, the categories of guardianship are analyzed, the guardianship of the impuber, the guardianship of iuris's wife, and the guardianship, highlighting the guardianship of the insane, the guardianship of the wasteful and the guardianship of the minor who has not reached the age of 25. The article is entirely part of conclusions.

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NABYCIE PRZEZ OCCUPATIO POSIADANIA DZIKICH ZWIERZĄT WEDŁUG TEORII LEONA PINIŃSKIEGO. CZĘŚĆ 1

Author(s): Dagmara Skrzywanek-Jaworska / Language(s): Polish Issue: 127/2023

Background: The aim of article is the acquisition of wild animal possession by occupatio according to the theory of Leon Piniński. These considerations were included in the third section of the first chapter of his monograph entitled Der Thatbestand des Sachbesitzerwerbs nach gemeinem Recht. They are part of the original possessio theory, which was consistently developed by this Polish Romanist, and are part of the discussion conducted by German Pandectists and other representatives of German-speaking legal scholars. The article opens with a triptych dealing with acquiring possession of the following movable things: wild animals (Part 1); honeycombs and valuables hidden in the ground (Part 2); the natural benefits of land and animals (Part 3). The order of the studies corresponds to the internal structure of the Piniński’s monograph.Research purpose: The article is directly related to the study entitled Leon Piniński’s discus- sion on corpus possessionis with selected 19th century legal scholars. While Leon Piniński’s discussion . . . is a presentation of Pininski’s theoretical-critical discussion on the corpus possessio- nis with dozens of legal scholars of his time, Acquisition of possession ... is a casuistic continuation of the interpretation of the ius Romanum. The fundamental research aim of the articles in this series is to present the author’s theory of possessio and the characterization of Piniński’s scientific profile in the context of 19th century German-speaking legal science.Methods: The article uses the historical and legal method.Conclusions: Excellent orientation in the pandectists interpretation of the Roman sources, in-depth and uncompromising evaluation of its shortcomings in terms of content and philology; devoid of complexes, innovative proposal for a different view of interpretating ancient sources; the German language as the language of choice for discourse and the exploration of possession, placed Piniński at the forefront of European, continental legal science at that time.

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NABYCIE PRZEZ OCCUPATIO POSIADANIA PLASTRÓW MIODU ORAZ UKRYTYCH W ZIEMI KOSZTOWNOŚCI WEDŁUG TEORII LEONA PINIŃSKIEGO. CZĘŚĆ 2

Author(s): Dagmara Skrzywanek-Jaworska / Language(s): Polish Issue: 128/2023

Background: The article discusses the acquisition of possession of honeycombs and valuables hidden in the ground according to Leon Pininski’s possessio theory. This is another stage of the Polish Romanist’s considerations on the acquisition of possession of movable things by occupatio, continuing from the discussion of wild animals These views are an expression of criticism against the theory of possession formulated in the 19th century by Savigny, understood as a man’s actual power over a thing.Research purpose: The research purpose of the articles in this series is to introduce Pininski’s concept of possessio in understanding the economic relationship between man and thing, as well as to characterize the scientific profile of the Polish Romanist against the background of the activities of the Pandectists and other representatives of German-speaking legal science. Methods: The article uses the historical and legal method.Conclusions: Pininski’s reflections on the acquisition of possession of honeycombs and valuables hidden in the ground reinforced his conviction that the assumptions of Savigny’s theory were inaccurate and pointed out the shortcomings of the Pandectists’ interpretation of the Roman sources. While considerations on the acquisition by occupatio of possession of wild animals set the direction of critical discussion, the present considerations are a continuation of them with only a slight shift in emphasis. What draws attention here is Jhering’s direct inspiration in terms of the argumentation used and the selection of Roman sources. The previously formulated conclusions remain valid as to Pininski’s excellent orientation in the Pandectists’ interpretation of the ius Romanum sources, his balanced and careful assessment of the errors committed in it, as well as his ability to take a bold and, above all, practical approach to the researched matter.

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Polskie przekłady „Testamentum porcelli”

Author(s): Joanna Pieczonka / Language(s): Polish Issue: 1/2023

The article makes comments on four Polish translations of Testamentum porcelli: by Witold Truszkowski (1972), Magdalena Nowak (1996), Maciej Jońca (2011) and the team Andrzej Dzikowski, Aldona Jurewicz and Gabriela Molisak (2016). In the text, the author presents the advantages and disadvantages of these translations and attempts to indicate the translation strategies applied by each translator.

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From Bona Fides to Laba Ticiba: Historical Interpretation of the Good Faith Principle in Latvian Law

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From Bona Fides to Laba Ticiba: Historical Interpretation of the Good Faith Principle in Latvian Law

Author(s): Aleksejs Jelisejevs / Language(s): English Issue: 2/2023

This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of Latvian regulations. It is about the evolution of attitudes toward the principle of bona fides in modern legal science and case law, starting with its origins in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis through its application in the Western medieval ius commune and its continental renaissance in the early twentieth century, considering its limited position in the Code of Civil Laws of the Baltic Provinces to its triumph in Latvian civil law. This comparative historical study shows that a clear definition of good faith can be found through a system-historical interpretation of the good faith rule. This should help to determine the nature of subjective rights and obligations under any legal rule governing specific legal relationships.

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Die Haftung der Erben der Munizipalmagistrate. Beispiele aus dem Bereich der magistratischen Vormundsbestellung

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Die Haftung der Erben der Munizipalmagistrate. Beispiele aus dem Bereich der magistratischen Vormundsbestellung

Author(s): Emese Újvári / Language(s): German Issue: 2/2023

In the Roman Empire during the imperial period, in certain cases it was possible to take action against the magistratus municipales who had committed an omission or error in the guardianship order, if the default had (indirectly) caused damage to the ward. The sources suggest that the action which could be brought in such cases, the actio subsidiaria, was an actio poenalis and could not originally be brought against the heirs of the magistratus in the event of his death. Later, however, the heirs of the magistratus could also be sued under certain conditions, in order to provide greater protection for the interests of the ward.

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