MONOGRÁFIA A RÓMAI MAGÁNJOG FELELŐSSÉGI RENDJÉRŐL
Imre Molnár: Die Haftungsordnung des römischen Privatrechts. Diligens GmbH, Szeged, 1998. 216 old.
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Imre Molnár: Die Haftungsordnung des römischen Privatrechts. Diligens GmbH, Szeged, 1998. 216 old.
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The most important of Roman law, the Law of the Twelve Tables, LEX DVODECIM TABVLARVM, was adopted in 449 BC and was never formally abolished. The consequence of conflicts between the social classes of the Roman state, patricians and plebeians, the Decemiviral Law constitutes a true code, given the nature of the regulations of the famous law which concerned both the institutions of Roman private law and the Roman public law. Although it was adopted about 2,500 years ago, the analysis of the Law of the Twelve Tables does not cease to attract the scholars and practitioners of contemporary private law, the study of the current legal institutions requires a retrospective look at their primary source. The paper aims to present the historical and social context that allowed the adoption of the Law of XII Tables, the procedure for the adoption of the law, the persons and bodies involved in this procedure. I will also analyse the content of the law and even present the text of the Law of the XII Tables, as reconstructed over time by the scholars of Roman law. In carrying out this scientific approach, I will use the specific methods of interpretation of the legal norms, namely, the historical, grammatical, systematic and teleological method.
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Responding to current needs related to family, marriage, divorce, divorce settlement, the Civil Code provides the spouses with a new legislative technique, with tradition in community law and not only, known in our legal system until the communist regime declared it immoral, as the marriage convention. The choice of the matrimonial regime that best suits the wish of the spouses to live together, the possibility of changing it during the marriage, the imposition of special publicity formalities of the marriage conventions to protect the third parties, are elements of novelty of special importance that exceed the obvious perhaps normal shortcomings (starting with the lack of a legal definition of the marriage convention, with the possible derogations from the chosen matrimonial regime that can create the possibility of the abusive exercise of the rights of the spouses). Presenting specific elements of this institution in the European, American or Islamic system can create an overview of what pre- and post-marital contracts mean today.
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The right to freedom of conscience as an inseparable part of human dignity plays an important role in a secular world. All the transformations of a right to freedom of conscience in a legal as well as in a factual reality permit one to predict the direction Western legal tradition and its human rights doctrine moves forward. Some creators of the Universal Declaration of Human Rights even suggest that this right is “a sacred right” which, according to them, gives a human being his value and dignity. The goal was to defend the value of freedom of conscience with legal instruments of the highest level. This article analyses the right to freedom of conscience trying to clarify its content and to answer a question why this fundamental right could or could not be treated as a forgetten right. The introductory part relates some important aspects of its historical develpment.
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The legal assistance had an important role from ancient times no matter of the form of the society and it remained and evolved around the needs of those who needed to be represented. From ancient Greeks specialized in public speaking to the Romans who were practicing clandestine legal assistance without being organized in our modern lawyers form of advocacy. Whatever the case, the legal assistance was there in a way or another. This paperwork touches the problem of compulsory legal assistance regulated by the criminal law procedure, a reference of course to the procedural phases in which might exist some sort of gaps in terms of the law. The term „legal gaps” refers to the difference from case to case regulated by the criminal law procedure.
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The issue of professional secret is connected with the exercise of certain profession and those that exercise these professions have the obligation to keep the professional secret. Chapter IX of GDPR regulates specific processing activities and, among others, creates the frame-work in which every member state of the EU can regulate those situations when the protection of personal data clashes with the professional secret obligation. We try to identify, in our study, to what degree professional secrecy can be invoked in the hypothesis of an investigation carried out by the national authority in the field of protection of personal data. Furthermore, we shall try to propose certain good practices for those professions that have this obligation of professional secrecy, in relation to the GDPR.
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The International Labour Organization (ILO) established in 1919 was active in the creation of legal norms for certain work standards and coordinated the cooperation of member states, so that these norms would be transformed into general standards that would be followed in all states and which would be a precondition for securing permanent social peace in the world. One of the basic tasks of the ILO was to protect the most vulnerable on the labour market – children, young people, and women by creating for them appropriate conditions of work. The article deals with the ILO international standards for the protection of these groups, the adoption of the international standards by Estonia, and the effect of these standards on Estonian legislation.
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The article deals with the history of the sale of the real estate property belonging to A. F. Kumanina, the Moscow aunt of F. M. Dostoevsky, in the Tula province. The division of the property received by her heirs after her death was to be carried out after their entry into the ownership of the estates: first Tula, then Smolensk and Ryazan, which were pledged. Lawyers played a criminal role in this process. They developed an illegal scheme during the division and sale of the house and land plot in Tula, which predetermined the fate of the Kumanin inheritance, most of which was spent on paying debts, arrears and attorney fees. In connection with the inheritance case, F. M. Dostoevsky sought legal assistance from V. P. Gaevsky, V. I. Veselovsky, B. B. Polyakov, V. I. Gubin, E. V. Korsh, A. V. Lokhvitsky, V. I. Lustikh. The facts testifying to the unseemly role of the attorneys, which ultimately led to the unexpected outcome of the “Kumanin story,” are presented in the memoirs and correspondence of the writer’s brother Andrey Mikhailovich. They are also indicated in the correspondence of the other heirs of A. F. Kumanina, including F. M. Dostoevsky and his closest relatives, who tried to regain the right to own hereditary estates, as well as the materials of the genealogic inventory of N. S. Lazarev-Stanishchev, who became one of the participants in the “Kumanin inheritance” scam. The Appendix contains a previously unpublished letter from D. A. Smirnov, assistant to attorney V. I. Veselovsky in the “case of the Kumanin inheritance,” to A. M. Dostoevsky dated February 10, 1874 about the sale of the Kumanin house in Tula.
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Sources on the reign of the Hittite king Telepinu, including the principle source in the form of an edict issued by the king himself, are unfortunately taciturn about his relationship to previous kings. Such information that we do have hints at two possibilities: he was either a son or a son-in-law of Ammuna, a previous ruler. He is tied to Huzziya I, a usurper, but the latter’s position in the dynasty is uncertain as well. This article makes the case for the view that Telepinu married into the royal family rather than being born into it, and Huzziya I was a lower-rank son who had to eliminate higher-standing candidates in order to ascend to the throne.
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This article is focused on the evolution of the constitutional position of the President of Lithuania in the Lithuanian Basic Laws. The analysis concerns the regulations of the three Lithuanian Basic Laws of the interwar period (of 1922, 1928 and 1938), two of which were an attempt to legitimize the political situation after the coup d’état against the constitutional government of the Republic of Lithuania in 1926 and also to implement the authoritarian government of President Antanas Smetona. The article also assesses the most important legal provisions concerning the constitutional position of the President, as well as compares the Lithuanian constitutional provisions with constitutions of other countries, primarily with the Polish Constitution of 1935. The research goals have been achieved thanks to the applied research methods, especially the comparative method, supplemented with the historical method and the method of institutional and legal analysis, which is used to analyse normative acts elaborated by legal bodies
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In a previously published article (Przegląd Sejmowy No. 5(142)/2017) the authors proposed definitions of the following concepts: normativity, redundancy and uselessness of a legal text. The article provides a typological review of Polish legal texts. The authors analysed the basic units of the integral (articulated) part of normative acts, i.e. legal provisions, showing their normativity, redundancy, and uselessness. The analyse includes: internal preambles, provisions describing the object and subject scope of the act, legal principles, programme and task provisions, meliorative provisions, emendations, permanently unrealisable regulations, legal definitions. The analyses led to identification of four basic types of errors in legal provisions, which were named: “doubles”, “widows”, “orphans”, and “botches”. In their closing remarks, the authors signalled the need to supplement the analysis with a description of non-integral (non-articulated) parts of normative acts. Another part of the study, devoted to these problems, is currently being prepared.
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The Gortyn inscription, its origin and place in the system of ancient law sources, was studied. Stone blocks with the text were discovered in Crete. This petroglyph of the ancient Greek law dating back to the archaic period is the largest ever found, in terms of content and physical parameters. The legal norms, conventionally named the code, regulate inheritance and family matters, adoption, divorce, as well as the fate of illegitimate children and the system of benefits between spouses. The law also controls sales, mortgages, debts, personal freedom, and the rights of slaves. The law’s inscription contains procedural provisions. The legislative text was investigated in the context of social relations between the territorial space of Crete and continental Greece and the mutual influence of the Doric cities of Sparta and Gortyna. A hypothesis about primary origin and the first location of the inscription or part of it was put forward. The preamble of Gortyn law was analyzed. The deductive, inductive, historicallinguistic, formal-legal methods along with description, analysis, synthesis, and non-stationary research were used. The great significance of the Gortyn legislative petroglyph in the system of ancient law sources was confirmed. Directions for further research on this issue were defined.
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In this paper, the most promising options for developing the modern criminal procedure of Russia in the system of state penal policy were considered based on the analysis of the mutual influence exercised by the legal customs of Old Rus’ and the Byzantine canon traditions. Various methods were used in the course of the study: periodization of historical and legal processes that defined the emergence and subsequent development of criminal procedure; historical and genetic approach in order to date the moment when the first legal relations of a criminal nature occurred in Old Rus’; classification method to summarize the characteristics of legal phenomena and events associated with the emergence of criminal procedure. Based on the thorough investigation of a number of historical documents, it was concluded that criminal law and procedure of the indictment type had already existed in the pre-Christian era of the Old Russian state, due to the impact of the Hellenic legal culture. They were codified in the Rus’ Justice, an ancient legal code of the Russian state.
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This article summarizes the historiographic debates over the so-called “memory laws” which were adopted in France between 1990 and 2005. These new laws punish the denial of the Shoah (Gayssot act, 1990), provide official recognition of the 1915 Armenian genocide (2001) as well as slave trade and slavery as crimes against humanity (Taubira act, 2001). Last but not least, new laws also deal with the French colonial past, demanding a positive assessment of French colonialism in school curricula (Mekachera act, 2005). The article covers controversies created by the laws, including the trial against French historian Olivier Pétré-Grenouilleau and the Liberté pour l’histoire petition against the “memory laws.”
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