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Ibn Hazm is one of the leaders of the intellectual elite among Muslim scholars and authors of Muslim Spain. He is Andalusian poet, novelist, historian, jurist, philosopher, theologian and one of the greatest Islamic thinkers who appeared in Muslim Spain.
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Al alcause of the problems arising from the administration's transactions, people may suffer losses due to some actions and disruptions taken by the administration, so it is a requirement of the administration's responsibility to eliminate these damages. The responsibility of the administration can be defined as the administration's insm charge of damages arising from transactions and actions. The administration has responsibilities arising from both private law and public law in accordance with the principles of imperfect or impeccable responsibility. The principle of the rule of law and the principle of social state are of great importance in determining the responsibilities. The subject of the study is on the impact of industrialization and urbanization and the impact of the responsibility of the administration on the individual, which is important due to increasing administrative disruptions. Our work, the definition of responsibility of the administration, the historical process is taken into account, the defective or imperfect responsibilities of the individual are examined and also the legal regulations and measures taken by Turkey in these matters are discussed by emphasizing the ineffectiveness of the individual in the face of administration by emphasizing the importance of being a social state.
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Slovak historiography has since the 1960s generally dealt with the issue of settlement of towns and villages in the territory of Šariš. It relied on written material, which consisted mostly of documents from the 13th and 14th centuries. The basis for their interpretation was based on the results of archaeological research and, to a large extent, by the results of the work of linguists. The aim of this article is the interpretation of selected documents in terms of Hungarian customary law, which were recorded in writing during the 16th century. In particular, the documents concerning Chmeľov, which belong to the oldest documents with regard to the history of Šariš were chosen. The assumption is that the interpretation of documents written in the official language, could within a legal interpretation authenticate the available data. In terms of the content list, in this way they will certainly provide sufficient data to allow for a deeper understanding not only of the history of the village – in this case Chmeľov – but also to comprehend the historical context of the whole of Šariš.
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The press, which has a history of about 200 years in Turkey, gains an institutional structure in the post-Republic period. With the press law dated July 25, 1931, and numbered 1881, the first important step was taken for the press to gain an institutional status. Press-power relations in the Single Party government, which lasted from 1923 to 1950, were carried out through the existing law but changing world situation after World War II and Turkey's involvement in the Western block has required the efforts of the present government to take steps towards democratization. Within this framework, various arrangements were made in the press field, and the government of the period sent Hüseyin Cahit Yalçın to Europe for investigations. Press Association President Hüseyin Cahit Yalçın prepared a report by making various observations and inspections in England, France, Greece, Italy and Denmark. It is possible to state that the sending of Hüseyin Cahit Yalçın abroad and the report he prepared impacted the necessary arrangements made in the press field in 1946 and the democratization of our press regime.
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Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor’s obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors’ liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.
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The history of the public notaries in medieval Transylvania also reflects the general development of legal relationships in the Mediterranean, Western, Southern and Central Europe on the fringes of the Latin cultural area. This shows a return to the principles of Roman law, filtered through the procedural activity of the ecclesiastical courts, which can be seen as a crucial factor in the cohesion of Latin Christianity before the sixteenth century. Although the activity of notarial certification was a constant in the Transylvanian legal landscape until the introduction of the Reformation, which abolished the need for an appeal to apostolic courts, the number of studies that explicitly or marginally dealt with the subject remains in historical research, which is particularly interested in Transylvania, still extremely low. // This source-based study was inspired by the most recent translation from Hungarian into Romanian of a work by the historian Sándor Tonk († 2003) that was very important for the study of legal history and, implicitly, the activities of public notaries in late medieval Transylvania: The public notary in medieval Transylvania . It was published as the 26th volume in the book series “Studia Notarialia Hungarica”, in an editorial project that is supervised by the notary Gábor Rokolya and printed with funds from the Hungarian National Chamber of Notaries. // This article is part of the research project »The Rise of an Intellectual Elite in Central Europe: Making Professors at the University of Vienna, 1389-1450«
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The article represents a brief analysis of the effectiveness of the judicial act by referring to the necessity of establishing a judicial truth. In establishing limits for the determination of judicial truth, the article examines the prevalence of the notion of rule of law, the rigor of applying the rules of procedural or material law, the implication of equity in judicial matters and the need to establish a correspondence between factual truth and judicial truth.
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The Senj Statute from 1388 contains regulations that were being developed in the period of time from 1388 to the beginning of the 15th century. There are two texts in the Statute: Latin and Croatian with insignificant differences in some details. The Statute contains many regulations which relate to criminal and legal subject matters.The Statute did not know the division of guilt into dolus and culpa. It does not deal with the punishments of accomplices and instigators, and there is nothing about necessary self defence or any other principles for the exclusion of illegality. The institution of attempt was not known, and there was nothing about competence. In this Statute the criminal law has no special system, so that penal matters and penal processes regulations are not separated. The Statute recognised 50 criminal offences, which are classified in the document into the following delicts: against life and body, against property, against general safety, against legal, personal and proprietary safety of citizens, against general health, against honour, reputation and public morality, against unwittingly actions towards tavern-keepers, butchers and merchants, and other penal offences.The Statute knew and prescribed the following types of punishments: the death penalty (only in one case), corporal punishments (loss of ears, loss of one limb, being hung from a beam and flogging), and fines (for most offences). Sometimes two punishments were determined for a particular offence, which were proclaimed cumulatively. In the document each of the 50 criminal offences is spoken of.
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Turkey has been governed legally by constitutions since 1876. Five different constitutions have been used in the history of Turkish law. These are the constitutions of 1876, 1921, 1924, 1961 and 1982, respectively. These Constitutions, which are very important for turkey's history of democracy, are also very important in terms of modernization. In this context, turkey's fourth Constitution, the 1961 Constitution, was prepared in more detail than the 1876, 1921 and 1924 Constitutions in many respects, especially rights and freedoms. In addition, unlike his predecessor, the 1961 Constitution was prepared as a result of the Military Coup of May 27, 1960. This, gave a different quality to the aforementioned Constitution. The main purpose of this essay is to reveal why a new Constitution was needed in 1961, what differences this Constitution had from others and what kind of innovations it brought. This study was prepared by benefiting from archive documents, national newspapers and copyrights. Finally, this article is a qualitative study; It was prepared using the document analysis technique.
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With regard to the issue of the acquisition of a vacant inheritance, important legal orders belonging to the Roman law tradition, even if recently modernized (as the Brazilian one), are still following the (mainly) public-law theory based on the occupation of the vacant inheritances by virtue of state sovereignty. The origin of such a theory dates back to the Middle Ages, then it has been further supported by the France scholarship and it has been somehow reinforced by the Regulation (EU) No. 650/2012, even if only from an international private law point of view. Nevertheless, the opposite private law theory based on the succession of the State as heir, adopted in Germany, Spain and Italy (and in many other legal orders belonging to the Roman law tradition) should be preferred in the future. This conclusion can be easily understood if only one deals with this subject matter adopting also an historical and comparative perspective, hence treasuring the Roman law lessons, although adapted to the innovations of the modernity and of the contemporaneity.
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