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The article presents Transmissionales in causa Possesionis Resinar contra Liberam Regiamque Civitatem Cibiniensem 1784 (Transmissionals in the Cause of Rășinari’s Possession Against the Royal Free City of Sibiu, 1784), an unedited volume of 1,318 pages, preserved at the Church Museum of the Bishop’s House in Rășinari, Sibiu county, transcripted and translated by a group of medieval and modern history researchers from the „George Barițiu” Institute of History from Cluj-Napoca. As the urbarial trials started by the Romanian inhabitants of Rășinari against the Saxon Magistrate of the Sibiu city and seat lasted over half a century (1735-1784), these Transmissionales fully reflect the course followed by the civil juridical acts ‒ either processual or procedural ones ‒ in South Transylvania during the 18th century. At the same time, comprising exclusively juridical acts in copies and originals, this volume presents the activity and competences of the local, province and central courts of justice: 1) the village judgement seat, which ‒ according to the Romanian customary law (Jus Valachicum) ‒ was made up of the judge (Judex), the jurors (Jurati) and the council of 40 old men (Quadraginta Seniorum Viratum); 2) the appelate court of the judgement seat of the Sibiu Magistrate, represented especially by the mayor or consul of the city of Sibiu (Consul Cibiniensis); 3) the court of the Transylvanian Gubernium, seated in Sibiu, too; 4) the Supreme Court of Revision in the capital city of the Habsburg Empire, Vienna. The article also shows the contents, structure, as well as an essential chronology of the volume of Transmissionales
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he Bishop House Museum in Rășinari (Sibiu county) preserves valuable exhibits, such as a leather bound thick volume of 1,318 manuscript pages entitled Transmissionales in causa Possessionis Resinar contra Liberam Regiamque Civitatem Cibiniensem (Transmissionales in the Case of Rășinari’s Possession against the Free Royal City of Sibiu, 1784), comprising the lawsuits of the Romanian village of Rășinari conducted between 1735-1784 against the Saxon Magistrate of the Sibiu (Hermannstadt) city and seat. Hereinafter we start publishing the critical editing of the document’s first 40 pages, by transcription of the Latin text and translation into Romanian, thus aiming to facilitate the reading of this difficult baroque juridical text. The extensive footnotes include philological annotations (Vasile Rus), as well as historical, judiciary, biographical, toponymical explanations and identifications (Ela Cosma).
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The article aims to present the long-term process of forming the Burial and Determining the Cause of Death Act of 1932 and its implementing regulation of 1933. Through the outline of the history of burial customs and the related legal rules from antiquity to the 19th century, the author focuses on interwar Poland, re-established after years of non-existence, which tried to undertake its own legislative activity in this field. Basic sanitary regulations regarding the exhumation and transportation of corpses were passed very quickly, but the comprehensive and unifying legal act in the matter of burial was not established until the beginning of the 1930s. On the basis of archival files of the Ministry of Religious Denominations and Public Enlightenment, the author undertakes to present the chronology of work on the act of 1932,and to evaluate this process, which lasted over a decade.
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The purpose of the article is to present the most interesting lawsuits involving women in the interwar period. The basic research methods used in the study are: the method of analysis and criticism of literature, and a comparative analysis of theoretical-empirical studies in the field of literature on the subject. Specific cases of women, participants of criminal proceedings, were discussed based on archival material. In addition, the author also referred to the achievements of Polish literature and subject literature in the field of law, sociology and criminology.
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The article is devoted to the theoretical analysis of special courts created in the Third Reich. Their genesis, system, and local and material jurisdiction, as well as proceedings before these courts are discussed. The tasks put before special courts by Nazi lawyers during peace and war are discussed, as well as the historical context associated with them. The study uses historical, and formal-dogmatic methods. The study is based primarily on literature of German provenance and normative acts
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The subject of the article is an analysis of the President’s extraordinary powers in the Constitution of the Republic of Poland of April 23, 1935 (the so-called April Constitution). It adopted a system of government in which the President held the function of the highest factor in the state (hyper-presidentialism). Supreme state organs, including parliament, government and courts, were subordinate to him. If it was necessary to use the Armed Forces to defend the state, the President could impose martial law. In such a situation, the Constitution allowed for the implementation of a number of extraordinary powers, including issuing decrees with the force of law and the establishment of parliamentary chambers (the Sejm and the Senate) in a reduced composition. In the event of war, the President was given the opportunity to appoint the Supreme Commander and to appoint his successor, whose term of office expired three months after the conclusion of peace. The President also had extraordinary powers during the state of emergency. According to the author of the article, against the background of the April Constitution, the President could also exercise extraordinary powers in the event of failure by the subordinate organs of the state to perform the tasks assigned to them by the Constitution.
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The publication aims to present the protocol of the conference held on September 16, 1944 in Białystok on the organization of the common judiciary. Conference participants were surviving lawyers from Białystok and a delegation of the Ministry of Justice of the Polish Committee of National Liberation. It initiated the reconstruction of the District Court in Białystok. This document shows the problems encountered in the reconstruction of the Bialystok judiciary. However, they were universal. The problems mainly concerned finding suitable seats for courts, equipping premises and providing basic work tools for judges, as well as filling vacancies in judicial positions. In addition, it presents the practice of the Ministry of Justice’s activities going beyond the legal framework, in particular in the area of staffing judges. It also shows the propaganda significance of organizing this type of conference. Attempts were made to hide the real intentions of the authorities by making false assurances that future reforms were aimed at democratizing and increasing the independence of the judiciary.
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The difficult housing situation in Poland needed the state’s intervention after World War II. The housing matter became a social problem due to the large deficit of dwellings. The solution to that problem was an important factor in the solidification of the People’s Republic of Poland Government. New legal regulations from the years 1944–1956 remained closely linked to the socialist transformations in Poland and created a housing economy system which was completely controlled by the state. The presented matter fits into the wider issue of the instrumentalization of thr law of the People’s Republic of Poland and the publicization of the private law by the administrative-legal interference in its content. Also, it remains strongly connected with the issue of private ownership in the communist system.
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The Republic of Poland shall guarantee the freedom of business activity. It constitutes the foundation of a market economy. Restrictions on the freedom of economic activity may be imposed only by means of statute or when the public interest is threatened.The purpose of this article is to analyse the evolution of business activity freedom in Poland in the 20th century. The author presents normative solutions in the field of economic freedom in the interwar period, the Polish People’s Republic, after 1989, and after Poland’s accession to the European Union. The article also includes the approach to economic freedom in legal doctrine. The paper also shows content elements of freedom of business activity in doctrinal meaning.
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It is common to find, in the works of the Romanian civil law authors, an analysis of both the subjective right and of the legal relationship, analysis which compile the first as a meagre element of the last. Curiosity made us search the origins of this rather curios way of reasoning. It is in this manner that we had grasped, in the historical horizon, the dust laid by the blown-out fire of the socialist law towards which we must haste if we want to find the origins of a well-established concept, reused and found to be good at explaining reality, even today: the legal relationship.
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Starting from the fact that the participation of citizens in the decision-making process is not only realized in the legislative and executive, but also in the judicial power, this paper discuss- es the requirements (that is, qualifications) for lay participation in a trial. The introduction of particular requirements, and particularly their increased number, significantly can influence the ability of lay citizens to participate in a trial, limiting the number of those who can meet these requirements and reducing the ability to materialize important role of participation that does not only contain the vital imperative in the contemporary constitutional democratic state for democratization of the judiciary, but also an important educational and integrative component. Having in mind the fact that in some periods of Croatian history lay citizens participated as jurors in a jury trial and then as lay judges in mixed tribunals, in the effort for a complete and systematic approach to this matter, the paper examines relevant regulations and available literature on the legal regulation of requirements for lay participation in a trial in Croatia in the period from 1848 to 2018 to explore the possible impact of previous regulations on this matter on the existing regulation, as well as the possible improvement of the latter.
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Deliberate normative change is a vital process in modern legal orders, although it is often perceived as a peripheral aspect in the theory of law. The article analyses the views of Alf Ross on the role of the legal consciousness in explaining deliberate normative change, and develops further some of his insights with an aim of presenting its applicability to researching contemporary legal processes. Although neglected in legal theory, Ross’s conception of deliberate normative change is a significant contribution to understanding and study of legal practice and represents an integral part of his general theory of law, especially in view of his scientific approach to law.
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The paper examines the Croatian case law where the 1971 Hague Convention on Traffic Accidents has been applied. Some relatively recent cases show that the Croatian Supreme Court applied the general conflict-of-laws rule on determining the law applicable to the non-contractual obligation of the Croatian Private International Law Act where it should have applied the 1971 Hague Convention. The most recent decisions from 2009 and 2013 indicate that, even after more than 40 years of application, the problem of basic understanding of the sources of private international law still exists. On the other hand, there are a number of decisions where the 1971 Hague Convention has been applied and in which some issues repeatedly arise. Most of them relate either to the application of Article 8 of the Hague Convention dealing with the scope of the applicable law or application of Article 4 of the Convention providing for exceptions to the main rule of the lex loci delicti commissi found in Article 3 of the Convention. The problematic decisions fall into the category of decisions applying the exceptions under Article 4 of the Convention. The decisions in which the court has applied Article 8 of the Convention show that Croatian courts have recognized the idea behind the provision (as explained in the Essén explanatory report), which was to give as wide a scope as possible to the applicable law.
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The author in this article analyses the development of the unjustified (unjust) enrichment as a general and an independent source of obligations on the basis of Roman law. Although such a concept admittedly did not exist in Roman law, certain actions therefrom were largely used in the formative period of the civil and canon law scholarship in the Middle Ages, as well as in the subsequent reception of Roman law at the courts in continental Europe. On that basis contemporary theoretical analyses and case law often use Roman legal terminology in the context of unjustified enrichment (condition and different conditioners, actio de in rem verso, etc.). The aim of this analysis is to propose a contribution to a more complete and a more accurate appreciation of the connection between actions from Roman law and the formation of the concept of unjustified enrichment, and with that also their connection and relevance in a con- temporary context. Accordingly, the general development in the Middle Ages is the first part of the analysis, followed by two basic different tendencies in the development. One of them is associated with the French law, where Roman actio de in rem verso had an important role in the development of the unjustified enrichment law. The other is related to the German law, which is in this respect based on Roman conditioners. Besides, the English common law and the historical Hungarian private law, or the private law of the Tripartitum in its application in the Kingdom of SHS, or the Kingdom of Yugoslavia, are also analysed as examples of the systems originally unrelated to Roman law in this regard, but experiencing strong influence later on, principally by means of systems more strongly shaped on the basis of Roman conditioners. Conclusive remarks discuss the general presence of Roman law in the development of unjustified enrichment law and in its contemporary variants, as well as the optimality of the systems more authentically based on Roman legal sources.
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Universals (pol. uniwersały) – normative acts of an executive or information nature adopted by the Permanent Council (pol. Rada Nieustająca) in 1775–1788 – constitute an important, though not yet widely discussed in the literature, aspect of its activity. They were addressed to the indicated group of entities: central and local offices, courts, civil and military authorities, magistrates or residents of specific lands and voivodships. Universals, issued between the sessions of the Sejm, enabled the Council to systematically organize and regulate matters not reserved for the legislative authority. The general scope of the universals included, among others, the problems of the court system, substantive and procedural law, economy, social and educational policy, and border issues.
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The article presents an outline of the history of judicial and medical opinionating in polish territories in municipal and land law until the 18th century. The issues of the participation of medical experts (expert witnesses) in court proceedings to resolve issues related to health assessment and causes of death in legal aspects were discussed. The cooperation of law and medicine has resulted in the emergence of a new, separate medical science: forensic medicine. The impact and adoption of German law has been discussed (Constitutio Criminalis Carolina, Sachsenspiegel and Weichbild). The article also presents, among others, the first public autopsy in Poland (conducted by Joachim Oelhaf), as well as the first psychiatric expertise.
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The interwar period was marked by a significant growth of the criminal law doctrine in Poland. Along with senior academics – professors Krzymuski and Miklaszewski, an extensive research was developed by the representatives of the younger generation, including professors Makarewicz, Makowski, Mogilnicki and Rappaport, and the representatives of the new generation, among those the most prominent were professors: Wolter, Śliwiński, Glaser, Wróblewski, Radzinowicz, Papierkowski, Świda and others. Five university law faculties – in Warsaw, Cracow, Lviv, Vilnius and Poznań – were the most important Polish criminal law centres. The Polish scholars undertook all the fundamental and current issues regarding penal studies in a whole, including criminology and penal policy, which were structuralizing at the time. The theories and ideas presented by them corresponded to the modern European and global trends. Numerous enlightened conceptions of the Polish scholars were realised in the criminal code, administrative offences law, prison act and other legal acts. The original and modern juvenile law created in the interwar period, which was constituted in adequate sections of the criminal code and the code of penal proceedings, deserves a particularly high grade.
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The work presents the views of Emil Stanisław Rappaport on criminal law and its codification in the beginning of Polish People’s Republic. The considerations are mainly based on preserved archival materials that show the attitude of Professor Rappaport to the problems of criminal law in post-war Poland. Of significance for the article are also published sources, especially conference materials related to preparations for the 1st Congress of Polish Science, which reveal a significant discrepancy in the perception of the criminal law by academics, including Rappaport, and politicians.
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