"CUSTODIA", "RECEPTUM" И ДОГОВОРНАТА ОТГОВОРНОСТ. ЕДНО ПРЕПРОЧИТАНЕ НА ДОГМИТЕ НА ГРАЖДАНСКОТО ПРАВО В СВЕТЛИНАТА НА КАЗУИСТИЧНИЯ РИМСКИ МЕТОД

Author(s): Carlo Peloso / Language(s): Bulgarian / Issue: 1/2016

The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

(In)Efficient Use of International Law: Case Study of the Dayton System in BiH

Author(s): Tomáš Jungwirth / Language(s): English / Issue: 4/2013

This paper aims to analyse the existent legal and political system of Bosnia and Herzegovina from the viewpoint of effective applicability of international law. It first deals with the general issue of the relationship between international law, domestic political structures and the individual, consequently moving to the specific case study of the Dayton system. The question arises whether such an excessive intervention was at all capable of establishing a stable institutional framework and of uprooting the enmities between the sides to the conflict. Certain criteria for the effective application of international law are drafted, in light of which the presented data are evaluated. A critical conclusion follows, defining the key setbacks of the Dayton system and hinting to possible alternative approaches.

(Ni)kakav osvrt? Period 1933-1945. iz ugla jednog notara

Author(s): Oliver Vossius / Language(s): Serbian / Issue: 3-4/2016

Author puts forth view that after 1945. the Third Reich became a topic to be reviewed not merely by historians. In the 1960’s lawyers also begin to analyse their own past. Professor Ilse Staff (born in 1928) is at the forefront of this movement. Her book „Judiciary in the Third Reich: A Documentation“, published in 1964, encouraged numerous German lawyers to face the evils of country’s authoritarian past. In his text, Vossius presents results of years of analysing the abuse of German law during Nazi rule. One of the main topics of his research is the role of notaries in the forced appropriation of property from the Jews. He closes his presentation in the following way: „We probably owe gratituted to total defeat of 1945 and the subsequent regime of occupation zones for being at all able to discuss this topic in Germany today. After the initial hesitation, this still lead to the regaining of conscience. I don’t know if world will necessary become a better place in this manner. Fritz Bauer once said „We cannot make Heaven on Earth, but each one of us is capable of contributing to making it Hell“. In this regard, casting a look backwards seems a better option than to overlook or repress such a problem“.

,,Sąd nad św. Franciszkiem z Asyżu” Giotta – próba prawniczej egzegezy

Author(s): Karol Adamczewski / Language(s): Polish / Issue: 4/2017

The fresco painted by Giotto Bondone showing the Renunciation of Worldly Goods by St. Francis undoubtedly arouses aesthetic and spiritual feelings. Nevertheless, the scene presented by Giotto also bears some legal characteristics. Thus, it may become a subject of some interesting discussions in the legal sense. First of all, its convention resembles to some extent a dispute before court where the parties and a judge take part in the proceedings. The characters presented, particularly father, son and the bishop, indirectly refer to such important legal institutions as patria potestas and audientia episcopalis. The subject of the dispute is also significant. In the analyzed scene, it relates to the inheritance of property rights and a demand to be obedient to the paternal authority. The relationship between the secular and spiritual power also constitutes a certain problem. Moreover, the issue of divine and human justice is raised. Therefore, the fresco of the Italian master bearing an artistic value might become a subject of a legal reflection and in this way fit the suggested approach: art in the law and law in the art .

150 GODINA OD DONOŠENJA KRIVIČNOG ZAKONIKA KNEŽEVINE SRBIJE

Author(s): Igor Vukovic / Language(s): Serbian / Issue: 2/2010

U ovoj, 2010. godini, obeležavamo 150 godina od donošenja prvog srpskog krivičnog zakonika – Krivičnog zakonika Kneževine Srbije od 1860. godine. Криминалный (казнителный) законикъ за Княжество Србію predstavlja jedan od prvih modernih evropskih krivičnih zakonika. Rad na njegovom donošenju otpočeo je 1855. godine, podstaknut idejom kneza Aleksandra Karađorđevića da je Srbiji potreban jedan „podpun Zakon kriminalni“, pošto ovaj „najsnažnije garancije podaje za obezbeđenje ne samo ličnosti, česti i slobode, pa i života pojedini građana, no i samoga reda i spokojstva zemaljskog“.

1648 or 1948? No Room for Westphalia in the Middle-East

Author(s): Gal Amir / Language(s): German / Issue: 1/2018

The article reviews the ‘religious communities' arrangement’ in Israeli family law, an arrangement that divides the citizens of Israel into religious communities, regulating their affairs of ‘personal status’ in separate religious courts, adjudicating in accordance with religious law. The article demonstrates that the Arrangement defies the concept of state sovereignty, as it is not based on ‘Westphalian’ concepts of space and territory, but on a different concept, originated in Israel's history, and Islamic pre-modern concepts such as ‘umma’ and ‘millet’ – The ecclesiastical community of believers defying perceptions of political boundaries, and other communities of non-believers, subjected to it. The article concludes with a possible justification for this challenge of the state's sovereignty, rooted in ideas of legal pluralism.

19. Yüzyılın Son Çeyreğinde Osmanlı Mahkemelerinde Vasi Tayini

Author(s): Seda Saraç Özturan / Language(s): Turkish / Issue: 1/2018

The article we will examine is case law / legal representatives in a record book in court records formed in the frame of Ottoman legal structure. From these cases; It examines the reasons for the issue of vassal status, the conditions that are effective in the emergence of such a situation, what it means, the obligations and boundaries of the legal entity as the legal representative, and the rights and responsibilities of the persons appointed as legal representatives. In addition, the forms of reflection of changes in Ottoman law structure to court records and changes and developments in Ottoman society structure are emphasized.

1933 M. TEISMŲ REFORMA IR KLAIPĖDOS KRAŠTO JUSTICIJA

Author(s): Ieva Deviatnikovaite / Language(s): Lithuanian / Issue: 97/2018

The article reviews Reform of Lithuanian judiciary in 1933 insofar as it relates to the judiciary of the Memel Territory. Issues related to the implementation of this reform are discussed, as well as the demands of the Germany and Signatory States. The research is done mainly on the bases of the documents found in the Central State Archives of Lithuania: pro memoria of the governors of the Memel Territory, the letters of Lithuanian ministers and officials of the Directorate of the Territory, conversations between representatives of Germany, Signatory States and Lithuania, statutes of the Memel Territory, and case law of the Senior Tribunal of the Republic of Lithuania. Commentaries on Lithuanian laws and publications by interwar Lithuanian scientists and mass media have been used as well.

2004. НА ПРАВНОМ ФАКУЛТЕТУ У НИШУ

Author(s): Slobodanka Stojicic,Nebojša Randelovic / Language(s): Serbian / Issue: 45/2004

242 Numaralı Manisa Şer’iyye Sicili Defterinin Değerlendirmesi

Author(s): Ömer Karatas,Mustafa Akbel / Language(s): Turkish / Issue: 06/2015

Court registers are the notebooks in which Moslem judges recorded the orders they gave at the courts, the documents that came from the center and the important incidents they were responsible for. Court registers include the orders, nomination certificates, imperial orders, the registers of the important incidents that happened in the county, towns and villages where essays were traversed as scripts, verdicts by the court register judges and regents at the courts. The subjects in the court registers include all kinds of incidents, regulations, historical facts that can happen in a county administration. It is possible to reveal out the economical, social, cultural and legal conditions, the in formation related to military service of that period, the social incidents before and after the war. This study we found there views on Manisa Sharia record number of 242 entries.

735 lat zwalczania i... Rzecz o korupcji w Rosji

Author(s): Katarzyna Laskowska / Language(s): Polish / Issue: 2/2009

The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.

A Brief History of the Hungarian Legal History Science with a Special Attention to the Publication Possibilities

Author(s): Norbert Varga / Language(s): English / Issue: 4/2014

The article includes a comprehensive and accurate picture of the development and hardships of the Science of Legal History from the second half of the 20th century. It is impossible to give a systematic representation of the science of legal history in Hungary; the author’s aim is use snapshots of different problems in order to give a feeling for the changes legal history went through due to the political events of the 20th century. To sum up, it can be said that publication opportunities were affected by both subjective and objective factors in Hungary. It is a happy fact that the number of researchers in the field of legal history constantly increased. The structure of university education and the changesin international relations also affected the transformation of possibilities for publication. After the era of Socialism, the publication of research results in the field of Hungarian law, more specifically, the field of legal history, changed significantly. One must not forget that with the broadening of international relations, further options became available for foreign colleagues to become familiar with the works of Hungarian legal historians.

A Brief Review of Scholarly Events in Legal History in Ukraine in 2016

Author(s): Roman Shandra / Language(s): English / Issue: 2/2017

A Brief Review of Scholarly Events in Legal History in Ukraine in 2016

A Brief Review of Scientific Events in Legal History in Ukraine in 2013

Author(s): Roman Shandra / Language(s): English / Issue: 4/2014

During 2013 in Ukraine a large quantity of scientific works dedicated to the historyof law and the state was published. Ukrainian scholars were investigating issues in both national and foreign law

A csehszlovákiai és szlovákiai kisebbségek személynévhasználatának szabályozása 1918-tól napjainkig, különös tekintettel a magyar kisebbségre

Author(s): Katalin Misad / Language(s): Hungarian / Issue: 2/2018

This study reviews the rights of national minorities in Czechoslovakia and Slovakia regarding the use of personal names from 1918 to the present. Tracing along the background factors of historical turning points and political eras of the examined period, the paper is also seeking to give a true and fair view on the relation of the powers that be to the national minorities, and their language policy relating thereto.

A fejedelemség kori törvénykezési szakaszokról (1556–1600)

Author(s): Zsolt Bogdándi / Language(s): Hungarian / Issue: 1/2015

It’s a well-known fact that the court of the Royal Table became the principal royal conciliar court at the second half of the 15th century. The discussions usually took place during the judicial terms (generally four each year), the so-called octaves. The Royal Table of the elected king II. János Szapolyai has been mainly patterned after the medieval Table of the kings. The emerging new state’s characteristics, in particular the fact that it was composed of two slightly different regions (the so-called Partium and Transylvania with three privileged communities, Hungarian noblemen, Saxons and Szeklers) was reflected in the organization and the functioning of the Table. Different court sessions were held for the noblemen from Partium, for the Szeklers and for the noblemen of Transylvania. These octave courts (generally two for each privileged community) at the beginning of the studied period have started on the day of major feasts (Epiphany, St George, Lucae ev., Reminiscere) and from 1571 on the eighth day of these feasts, and they lasted around thirty days. The court sessions took place mostly in Gyulafehérvár (Alba Iulia), Kolozsvár (Cluj) and Székelyvásárhely (Târgu Mureș).

A FEW WORDS ABOUT THE ACCOMPLISHMENT OF LAW

Author(s): Celin Herta / Language(s): Romanian / Issue: 12/2017

Realization of the right involves "transforming the rule of law - as a theoretical concept ‒in the real social relations", a work which takes two forms: making the law enforcement activity and compliance with laws and conducting law by applying legal norms by state bodies.

A genocídium fogalmának változásai

Author(s): Éva Gulyás / Language(s): Hungarian / Issue: 3/2018

This study deals with the changes in the meaning of genocide during the past seven decades. It discusses the circumstances of the origin of the legal concept in the works of Raphaël Lemkin and in the international legal documents of the United Nations, and analyzes the political and social concepts of genocide explicated in the years of 1970 and 1980. From the fact that the legal provision of the 1948 Genocide Convention has not been applied in judicial decisions for decades, some experts have come to the conclusion that it should be renewed. During the past three decades, several alternative concepts were coined (such as „democide”, „politicide”, „holodomor”, etc.). These conceptual experiments, however, were not successful.

A HISTORICAL INVESTIGATION OF THE TRANSITION FROM “NORMAL EDUCATION” TO “TEACHER EDUCATION”: A FOUCAULDIAN PERSPECTIVE

Author(s): QI YARUI / Language(s): English / Issue: 2/2019

Since the start of China’s “reform and opening-up” period in the late 1970s, it has gradually undergone the transition from “normal education” (“shifan” education in Chinese) to “teacher education” and the Chinese Modern Teacher Education System has been established. Foucault’s “discipline” perspective gives a historical explanation of how human society operates through the basic logic of “knowledge-power” and provides a critical perspective to study the issues and phenomena involved in education. Based on a policy text on the evolution of the Chinese teacher education system over the past 40 years, this article will explore why and how the teacher education system has changed, whether it is more open and how it can be beneficial to education, from the viewpoint of Foucault’s “discipline”.

A Historical Study of Contemporary Human Rights: Deviation or Extinction?

Author(s): Tanel Kerikmäe,Ondrej Hamulák,Archil Chochia / Language(s): English / Issue: 2/2016

Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.