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This report addresses the issue of the creditor’s contributory negligence in contract law and its solution in Roman private law. Тhe main fragment of the Digests is analyzed, which is fundamentally important to determine the legal consequences of contract non-performance and divergences from this rule. It is also stated that at present in certain legal systems Digest’s main rule still applies.
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The Roman fiscal policy at the end of the Republic is characterized by the emerge of one exceptional phenomenon – the companies of the publicans. They fully supported the State to manage to organize the spending of the public finances and the tax collection. During this time the private enterprise is very strong and the abuses with public money is limited. The public contractors- societates publicanorum succeed to achieve important for the society results.
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Understanding roman law is of great importance for every contemporary jurist, occupied with private law. The basic institutes of private law have their origins in roman law. The character of roman legal institutes could be understood only through examination of the different roman civil procedures. This article is focused on the relation between roman civil procedure and the legal institutes and especially on the influence of the formulary procedure on the development of roman law.
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Within the re-codification of Civil Procedure (the new legislation is effective from 1st July of 2016), in particular in order to ensure effective judicial protection, there was also adopted new legislation that enshrined the specific particularities of the labor-law disputes in which the employee is designated as the so-called weaker party. The aim of this paper is to briefly outline the historical development of labor-law judicial protection, which was the inspiration for the new legislation on labor-law judicial protection.
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The issue of constitutional control during the functioning of the Turnovo Constitution has not been studied in its entirety. The object of a study have been only a separate aspects of it. The present publication aims to trace this problem in historical and comparative perspective from the time when the draft of the first Bulgarian Constitution was created, until the adoption of the 1947 Constitution and the establishment of totalitarian rule in Bulgaria.
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The report aims to present in basic lines the character of the res iudicata institute in Roman law and to differentiate its classical outline from the modern one. In order to achieve that goal, an analysis of classical latin texts was carried out, in the perspective of the contemporary legal framework and an attempt for creation of didactic definition of this legal phenomenon was made.
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Party autonomy is a recognized concept in commercial arbitration worldwide. The traditional aspect of international arbitration where three arbitrators are appointed has been subject to criticism in the past as well as today. The appointment of a sole arbitrator purportedly allows for shorter arbitration proceedings while appointing three arbitrators tends to prolong international arbitration. The limitations of party autonomy have been moving beyond the old horizons as within current global relations the parties tend to avoid making a decision on the appointment of arbitrators themselves and thus arbitration bodies or tribunals have to act instead of them. The objective of this study is thus to provide an analysis of the issue from a broader viewpoint and to present the differences of opinion together with interesting conclusions across the expert community.
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The paper deals with the long and rich history of the Austrian Constitutional Court. It focuses on the role of the Austrian Constitutional Court in times of political transitions. As written version of a lecture held in Sousse (Tunisia) it tends to outline the impact a constitutional court could have on a young democracy’s political system.
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This paper aims to describe one part of the issue – the fact that a living animal is not a thing. Does that mean that one could not “own” an animal, or perhaps that an animal as a subject of rights? Will it be liable for damage it causes? The author believe that the provision specifically aims at pets and it is a pity that it is not explicitly mentioned. The different attitude of legislator is also reflected in compensation for damage, which now involves a special material element of compensation for damage caused by and to an animal. These and other aspects are addressed in this paper.
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The relationship between taxation and the political balance of power is very close because taxes are compulsory levies imposed by public authorities and have always played the role of a mechanism of state control. Taxes have been existing from the beginning of history, and the connection between sovereignty and taxation is ubiquitous. In every state, taxes are an expression of sovereign power with the ruling organ to tax the people. The power to tax, therefore, represents sovereignty of the state. The aim of this study is to research how the types до taxes and principles of taxation developed in the course of history and what are the reasons that made this development urgent.
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The subjects of the present study are the regularities of the emergence and development of Criminalistics. The author analyses the problem through scientific interpretation of the processes of origin of criminalistics knowledge, existing historical stages of its developing and the factors that determine their appearance and evolution. The results of the present study contribute to deepening the knowledge of the theoretical issues of criminalistics, the existing connections and shapes of interaction with other, related disciplines and its future development.
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The paper relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitutional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution.
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this paper aims to highlight how the trial of Louis XVI expresses a complete inversion of the legal principles of Old christian France, where the authority of the absolute King submits to superior customary and divine laws, against the revolution, which makes the ‘general will’ a God allowing for unrestrained legal positivism. After recalling how the assassination of the King allowed the vicious circle of terror, the trial of Marie-Antoinette and the revolutionary trials, we propose an explanation of the legal principles that can lead to thiskind of totalitarianism. to do so, we present some cases from 19th centuryJapan, which, when compared with the revolutionary trials and the pre-revolutionary christian world, provide a key to understanding: the hierarchy of positive, natural and divine laws greatly explains how such and such a legal system can allow or not the justification of mass crimes or totalitarianism
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An entirely new approach to the teaching of Roman law was long-awaited in post-war Poland. There were not many studies for learning the subject, and in the case of the available ones, their weaknesses were highlighted. A breakthrough in the area of the Roman law academic textbook came with the publication of “Roman Law” by Kazimierz Kolańczyk. It is considered one of the best Roman law textbooks, if not the best, in the 20th century in Poland. The work was significantly different from the other hitherto available textbooks, primarily because the author developed his own concept for that type of study. As it turned out, the work by K. Kolańczyk opened a completely new phase in the Polish didactics of Roman law. It is therefore useful to take a closer look at its assumptions and K. Kolańczyk’s approach to the teaching of Roman law, and also to evaluate the permanence of the changes in teaching caused by that study.
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Michał Arsoba presents the beginning of criminology in Russia in the period before the Revolution of 1905 in terms of a general historical and legal overview. His aim is to locate 19th-century Russian criminological thought in the global context of this discipline and to identify its major achievements within the international context. For this reason, Arsoba highlights three stages of the development of reflection on criminal law. The first stage concerns the views of Aleksander Radiszczew and the first publications on statistical research. The second stage includes the first legal act on prevention and the first criminal code. The third stage focuses on the emergence of the sociological school represented by Michaił Duchowski and Ivan Fojnicki and the anthropological school, represented by Dymitr Dril. Arsoba argues that Russian criminology as a discipline stems mainly from the field of criminal law, acting as its isolated reflection from legal sciences. It has its own achievements, manifested by the realization of ideas contained in the preventive act and criminal code, as well as making the contribution to the development of the global sociological and anthropological research. Furthermore, it can be said that Russia saw the occurrence of symbolical, ground-breaking moments for the criminological thought globally, aspects of which pioneered in that country.
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The evidential value of khabar al-wāhid was one of the important issues in Islamic legal theory. It has been intensely discussed among theologians (Muʿtazila), fiqh scholars and hadith scholars since the 2nd/8th century. Many scholars from these schools joined in the discussion in their works that either deny or defend the evidential value of khabar al-wāhid. Abū Alī al-Jubbāī (d. 303/916), the leading name of the Basra Muʿtazila school, was one of those who put forward a different view on the subject criticizing the opinions and evidence presented before him; probably in his nonextant work named Kitābu’l-akhbār. Jubbāī firstly criticized the evidence produced about the evidential value of khabar al-wāhid, which means the report of a single person. As a result of our comparisons, we found that the evidence which al-Jubbāī criticized is the same evidence used by Shaybānī (d. 189/805), Shāfi‘ī (ö. 204/820), Īsā b. Abān (d. 221/836) and Bukhārī (d. 256/870) before him about the authority of khabar al-wāhid. Secondly, al-Jubbāī argued that khabar al-wāhid which does not reach the level of tawātur should be transmitted at least from two transmitters in order to be evidence and tried to justify this with various arguments. In this study, we elaborated on his views concerning the subject and revealed how they were understood in the tradition of legal theory. al-Jassās (d. 370/981) who lived two generations after al-Jubbāī, reported these criticisms in al-Fusūl, and tried to respond to them. He probably knew al-Jubbāī’s Kitābu’l-akhbār and used it. However, al-Jassās did not explicitly mention the name of the person; he only criticized and conveyed his views and evidences and referred to him as "some people of knowledge". As a result, we reached the conclusion that the one whom al-Jassās refers to here is al-Jubbāī.
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