THE LEGAL REPORT
THE LEGAL REPORT IS THAT SOCIAL CONNECTION, REGULATED BY THE LEGAL NORM, CONTAINING A SYSTEM OF MUTUAL INTERACTION BETWEEN THE DETERMINED PARTICIPANTS, A CONNECTION THAT IS LIKELY TO BE DEFENDED THROUGH THE STATE COERCION.
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THE LEGAL REPORT IS THAT SOCIAL CONNECTION, REGULATED BY THE LEGAL NORM, CONTAINING A SYSTEM OF MUTUAL INTERACTION BETWEEN THE DETERMINED PARTICIPANTS, A CONNECTION THAT IS LIKELY TO BE DEFENDED THROUGH THE STATE COERCION.
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ADMINISTRATIVE CONTENTIOUS IN ITS CURRENT FORM IS LARGELY THE RESULT OF HISTORICAL DEVELOPMENTS THAT TOOK PLACE GRADUALLY UNDER THE INFLUENCE OF OUR COUNTRY'S SPECIFIC NEEDS. BEING A FUNDAMENTAL INSTITUTION OF PUBLIC LAW, WHICH CARRIES OUT THE JUDICIAL CONTROL OVER THE ACTIVITY OF PUBLIC ADMINISTRATION BODIES, WHICH AIMS TO GUARANTEE THE LEGALITY OF ACTS ISSUED BY THEM, AS WELL AS RESPECT FOR THE RIGHTS AND LEGITIMATE INTERESTS OF THE PERSONS INJURED IN THEIR RELATIONS WITH THESE AUTHORITIES, IT IS IMPORTANT TO KNOWN HISTORICAL EVOLUTION OF IT IN TIME. IN A STATE OF LAW BASED ON THE LEGAL ORDER, PUBLIC ADMINISTRATIVE COURTS REPRESENT A DEMOCRATIC FORM OF REPARATION OF VIOLATIONS COMMITTED BY LAW ENFORCEMENT AND ADMINISTRATIVE AUTHORITIES, LIMITING THE ARBITRARY POWER OF THEIR TO ENSURE INDIVIDUAL RIGHTS OF CITIZENS.
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Marile proiecte științifice își urmează îndeobște soarta lor și rămân în istorie prin „urmele” lăsate în domeniul de referință. Ivite din cauze bine determinate, ele își asumă o misiune care odată îndeplinită ori care devine imposibilă impune retragerea de pe scena academică, spre a lăsa loc altuia ori pur și simplu pentru a-și marca finitudinea. Tergiversările au arătat întotdeauna slăbiciuni, dezorientări și că implacabilul deznodământ e doar amânat, dar nu și evitat. Și toate acestea văzute nu atât ca sfârșit, cât mai ales ca loc pentru un nou început, prin lansarea unui alt demers de cercetare de aceeași natură și amploare sau mai mult decât atât. Dar ceea ce e mai important este moștenirea pe care o lasă, valoarea și perenitatea ei ideatice.
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The considerations are related to the question of the advanced age of candidates for the office of diocesan bishop after the entry into force of the Code of Canon Law of 1983. The can. 401, § 1 requests the resignation of that office at the age of 75, but the final decision to accept that resignation is taken by the Bishop of Rome. Meanwhile, the Holy See entrusts and entrusts this office to clergy also at the age of close to the time of the required resignation – can. 378, § 2. The examples of diocesan bishops presented show, first of all, the baggage of life and pastoral experience gained, which guaranteed proper preparation for the duties undertaken. Many of the appointed diocesan bishops in old age came from countries with which concordats were concluded. Some had to contend with a communist and post-communist regime. In all the cases discussed, there was also the activity of an ongoing or established apostolic nunciature. In this way, through contact between the papal legate and the local pastoral issues, the sustainability of the performance of the tasks of diocesan bishops in the various particular Churches was ensured, in accordance with can. 145, § 1. Attention should be paid to the diversity of situations and structures of individual ecclesiastical units and their recognition by state legislation. Some bishops appointed in old age have undertaken the task of re-creating structures called to the life of dioceses. In the case of this year’s appointment of a bishop in the Diocese of Chur in Switzerland, the Holy See has made public the which will allow the new pastor to carry out his mission for at least five years and without the need for formal resignation into the hands of the Bishop of Rome.
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Constitutions are fundamental codex of religious institute, they are a rule of its members. They contain a thought and intentions of Founders regarding the nature, the purpose, the spirit and the character of the institute, its healthy traditions, norms regarding management of the institute and discipline of its members, their incorporation and formation and also a subject of sacred commitments undertaken (por. KPK, kan. 578, 587 § 1). General Statutes however, contain further rules proper for particular Institute. In some institutes they are sometimes called bills. In fact they often are a practical details of the rules of the Constitution. In the Redemptorists Congregation the Constitutions and the General Statutes, according to their nature, are equal for the whole Institute. However, each province has its own statutes which take into consideration a place of living and work of members of a particular province. These statutes differ between each other in numerous issues, depending on provinces which function on each continent, hence, in different cultural environment. In the General Statutes we can find several dozen rules which can be applied in the provincial statutes. This paper shows how the legislation of the General Statutes has been implemented in the Statutes of the Warsaw Province of Redemptorists.
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In Bulgarian society, there is a discussion about the importance, role, place and powers of the official government, including whether this institute should continue to exist after Bulgaria is a parliamentary republic. According to the Constitution, caretaker governments ensure the functioning of the executive power and the implementation of state policy, after it is impossible to form a regular government. They are not formed by the parties and coalitions in the Parliament, but are appointed by the president, with a limited term and a specific task - to prepare and hold early parliamentary elections. Although they are appointed by the head of state, they do not change his function as a balancing, equidistant body with neutral authority.
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The text is based on an analysis of source texts and literature on the subject related to the question of how in republican Rome a perpetrator tried to avoid the punishment prescribed for his deed. The article deals mainly with the so-called squalor practice. Its purpose was to convince the criminal court that the accused was innocent. According to tradition, the accused appeared at the trial in dark, often tattered robes, unkempt, unshaven, as if in mourning. This was to prove that the accusation was unfair and harmful. This practice is illustrated by the example of three trials: that of Publius Cornelius Scipio, Rutilius Rufus and Titus Annius Milo. The course of these trials differed a lot: the content of the accusation, the defendant’s guilt, his willingness to act in accordance with the accepted tradition, the attitude of Roman society towards it, and the consequences of not using squalor. In each of these cases, however, the accused resigned from wearing mourning robes during the trial, which was supposed to demonstrate his attitude to the charges against him.
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Review of: A History of the Hungarian Constitution. Law, Government and Political Culture in Central Europe. Hrsg. von Ferenc Hörcherund Thomas Lorman. Bloomsbury Aca-demic. London 2020. XVI, 366 S. ISBN 978-1-3501-7018-6. (£ 26,99.)
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While pointing out at the general significance of the French Revolution, the author emphasizes its contributions to direct and subsequent modelling of state and legal institutions. Particularly important in this respect is the value of the declaration of rights and of constitutional documents, which applies both to France and to other countries. In such a way the foundations of modem democracy have been built, as well as its component elements, and first of all — the „citizen” „people”, „general public”. Owing to these elements, contemporary state has been developed, too, the leading principle being the division of power. Modem law rests on a developed legislation, while great attempts at codification have contributed to establishing a coordinated legal system. This is why contemporary state and legal order is based on the principles of constitutionality and legality, with a legitimacy which emanates out of people’s sovereignty, followed by an efficient responsibility of the state bodies and agencies. On the basis of the above, one may say that first of all political and legal conditions have been created for honouring and protecting freedom of all individuals. In general, all these and other achievements poin out at the genuine civilizational and cultural meaning of that greatest revolution in the history of mankind.
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Creation of modem legal philosophy, whose founding fathers are Kant, Fichte and Hegel, can not be separated from the French Revolution. This relationship is not only chronological, but substantive, which means that modem legal philosophy emerged out of a very important discussion of problems imposed by the events connected with the French Revolution. Its modernity consists in taking over the principle of freedom proclaimed by the Revolution and raised to the level of a general right, while making it its foundation and its matter and elaborating the relevant consequences. A turn towards freedom, which takes the place of nature, means the opening of a new historical perspective of law: its ground becomes the freedom, while the law itself becomes its organon. In such a way French Revolution and legal philosophy have found themselves in a joint job: namely preparing and establishing political and legal existence of a modern man under the leading principle of freedom as an universal right. In the way of its formation, in its internal structuring in exposition of problems, in its very being ang general character, modem legal philosophy belongs to the historical horizon of the French Revolution. This has made possible, also, that it contains the legal and political truth of that Revolution.
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French Declaration of Rights of Man and the Citizen of 1789. is an act of civilization in the history of makind. Basic inspiration of the creators of the Declaration is found in the philosophy of XVIII century and in the entire spiritual movement of the times. The universal character of that philosophy (and of thinking in general), its radical nature, its progressive orientation in the society, as well as its democratic element, have prepared the soil giving rise to the Declaration. This is why it was not just another piece of legislation or a collection of rights guaranteed by the State. It has been much more than that and much more different. This is why it has been concluded in theory that the Declaration has been „the most conspicuous fact in the history of creation of republican and democratic ideas". In fact, the Declaration has been an expression of the best ideas of Locke, 'Montesquieu, Rousseau and other great philosophers of the XVII and XVIII centuries, an expression materializing those ideas both for the present and the future. The Declaration practically proclaims the principles of universal importance and of permanent value, thus becoming oriented towards the entire world and towards the future, in spite of the fact that it has been enacted ‘in one country only. The French Declaration of Rights found an enormous echo in the general world public; it effected great influence in the sphere of development of constitutionality in the world, but also and the sphere of political practice, legal and political theories and ideas in general. It has become, as noted in the theory, „a foundation of the modem constitutional law”, and a part of democratic political thinking and philosophy of democracy as such. These are the reasons of its being an act of civilization.
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Beginning with the fact that .the declarations of the rights and freedoms adopted by the American and French revolutions by the end of XVIII century are extremely important for modern civilization and the law of that civilization, the author points out at the roots of corresponding conceptions in European thinking. They are to be found in the period of revival of the theories of social understanding and natural rights, which set the relationship between the power and the citizen on new foundations: in the theories of people's sovereignty and in the right to rebellion; in the ideas and institutions of British constitutionalism and centuries long struggle for freedoms within the frames of law; in the philosophy of Enlightenment, and most of all in the liberal political philosophy and ideology. In the wording of specific revolutionary declarations (especially those of 1776. and 1789) one insists on pioneering importance and insufficient influence of the Virginian Declaration. Also elaborated are the ways of transferring American ideal into France and the roles played in this process by Franklin, Jefferson, Condorsé, Payne, Lafayette, and others. Comparison is effected between French declarations in an attempt of establishing the influence of various philosophers and their aims as far as the contents of the declarations are concerned. Answers are also offered as to the reasons of different ways of institutionalization and implementation of otherwise similar ideas of the rights and freedoms which initiated both the American and the French declarations. The grounds for the above may be found in different political cultures in both countries, in a rather different intensity of contradictions in the pre- -revolutionary societies of North America and France, etc. In those two countries also different were the conceptions of the nature of divison of power and of the methods of struggling for power — the case of France,, where revolution began to „eat its children", while American Revolution was successful in giving form to its .ideals in constitutional and political institutions based to considerable degree on foundations of the British constitutionaliism.
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Enacted “Jus Valachicum” in South Transylvania (14th-18th Centuries). The case studies presented in our approach analyse from the perspective of legal history several medieval and premodern historical documents. They reflect enactments of the Jus Valachicum in South Transylvania among the Romanians living on the Saxon Land, in Mărginimea Sibiului, and in its vicinity, in the citadel and Land of Făgăraş. Illustrations and prescriptions of enacted Romanian customary law are included in: the Romanian-Saxon peace convention of Cristian (13 January 1383); the protocol of the seat of Sălişte (16th-18th centuries); Constitutio gremialis Sedis Szeliste (1585); Cartea ocolniță from Răşinari (22 May 1488); Transmissionales in causa Possesionis Resinar contra Liberam Regiamque Civitatem Cibiniensem (1784); the Jura (Rights) of Răşinari (15th-18th centuries); the Statutes of Făgăraş (15 May 1508). These enactments of Jus Valachicum abolish the bias of a strictly oral, unwritten and unstructured Romanian customary law. They also confirm de iure the legal situation extant de facto, thus proving the long uninterrupted use of Jus Valachicum among the South-Transylvanian Romanians during the 14th-18th centuries.
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In the text the author analyzes the excerpt of the work of late republican lawyer Alfenus Varus on the responsibility of slaves for the actions taken on the owner’s order. Text of Alfenus is preserved in D. 44.7.20. Its interpretation indicates that the discussed question was the private liability on the ground of lex Aquilia de damno and the perpetrator was manumitted after committing the wrongful act. The rule quoted by Alfenus, that the manumitted slaves should not be released from responsibility for the actions taken on the order of their masters, could refer to liability on the ground of the private and public law.
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The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.
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