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The study analyses the antecedents of the history of development of judicial execution law in Roman law. Following the introduction, it presents execution in terms of its historical periods; highlighting the development of civil law and praetor’s law, and legislation by emperors, more specifically by Iustinian, in the relevant epochs.
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With respect to early medieval German law, the concept of ‘criminal law’ should be handled cautiously as the Volksrechte do not contain any principle to distinguish criminal law – or public law – from private law. At the same time, early medieval folk laws basically and clearly show the traces of ‘punitive’ lawmaking, to be more precise, compilation. Therefore, all efforts to systematise this field of law more or less interpret past phenomena in terms of our present approach to law as a system because all that we mean by criminal law needs to be discerned and systematised from various provisions lacking any principle and theoretical demand scattered in diverse codes.Making this clear at the outset, this paper attempts to present the criminal law of early medieval Bavarian (folk) law, Lex Baiuvariorum as a system. First, it will try to create the chapter of ‘general provisions’ discerned from the passages of the code in accordance with the present system of criminal law; after that, it will develop the chapter of ‘special provisions’ setting out from specific states of facts systematised in terms of the protected legal object; finally, it will investigate the system of sanctions of Lex Baiuvariorum.
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Hungarian Criminal Code provides sanctions for the most serious cases of violation of copyright by determining the state of facts of infringement (usurpation). In practice it is rarely applied; usually civil law means must be used against occurring violations of rights; therefore, it is an important task of the act to develop methods in the field of civil law consequences that are suitable for repressing unlawful conduct and efficient redress of injuries. The principle of separating moral rights from economic rights followed by the act prevails also in determination of legal consequences; for this reason, it contains special legal consequences in case of infringement of moral rights. The act sanctions infringement of economic rights usually by compensation for damage. Compensation for damage is mostly equal to the fee due to the author in the case of lawful use. This consequence itself does not represent a repressive factor: the unauthorized user’s risk is no more than he pays back the amount that he would have been obliged to pay anyway in case of conclusion of contract according to rules. For this reason, in each case when unauthorised use can be imputed to the user the act prescribes that the court proceedings in the case must impose the amount also as a fine to the debit of the user; which fine can be mitigated by the court solely under circumstances that deserve appreciation. This fine that can be imposed in civil proceedings is a peculiar institution, its introduction rests basically on the deliberation that in terms of legal policy it would be improper if the court awarded fine-type extra service to be discharged by one of the parties for the benefit of the other party. Accordingly, the implementing decree of the act will specify the public benefit goal on which the fine so received must be spent. Consequences of infringement of copyright must be as appropriate applied to cases of infringement of the so-called neighboring rights too. The system of legal consequences corresponds with rules in force in the rest of the fields of intellectual property. The legal institution of fine that can be imposed in case of infringement of rights imputable to the user, however, must be terminated. The institution of copyright fine comes from the period of planned economy; originally it was due to the legal predecessor of the Ministry of National Cultural Heritage and the Central Statistical Office. In the present system of civil law consequences, when in case of infringement of copyright, deprivation of the offender’s enrichment can be requested from the court in addition to compensation for damage, and it is possible to enforce criminal law consequences, in terms of retaliation of infringement of rights it does not seem to be reasonable to maintain the institution of the fine. It is an outdated institution; it can be disputed in principle too, since it punishes infringement of private titles by obligation to make payments for the benefit of the State.
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This paper examines the luminous Hungarian legal philosopher, Felix Somló’s theories on the state. It claims that Somló had three theories of state. The first could be reconstructed from the sociological allusions and hints of his first book, titled State intervention and individualism (1903), the second was his theory of state based on legal concepst in a neokantian fashion, explicated in his Juristische Grundlehre (Basic Legal Concepts and Ideas, 1917), and the third is an unfinished theory of a Notes for a Philosophy of State (1919/20). The core idea of the first theory is regulation (which was considered by Somló as interference), the central concept of the second is a so called Rechtsmacht (legal might; which was coined by Somló), whereas the third revolves around the so called eternal truth of history of ideas.
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This paper’s subject is the work of the Europe-wide famous legal philosopher, Moór Gyula. Discusses certain elements of his axiology, and the constitutional effects of these elements. Analyzing Moór’s perception of the relationship of values with law and the constitution, it can be concluded that this question is extraordinary important and relevant since it draws attention to the importance of the values of right and constitutional law. The study also analizies the moral values present in the Romanian constitution, regarding the fundamental principles, the determining principles of organizing and exercising power and the fundamental rights. Lastly the paper presents the syllabus of a research project about the correlation of global constitutionalism and the constitutional identity and also about the constitution’s determining and expressing content of legal values.
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Felix Somló is beyond doubt the “representative man” of Hungarian legal theory, and this is mainly due to his magnum opus, the 500 pages long Juristische Grundlehre. The unique feature of the work is, that it is using John Austin’s “command theory” of law as a theoretical basis, which, at that time was outstanding in the German Kulturkreis. Somló develops Austin’s theory in many respects. One of his main innovation is, that according to him, the law is not only comprising commands, but it also contains promises of the sovereign. The article deals with this part of the theory.In the first part I analyse the theoretical background of promising law. (Versprechensrecht). Here I demonstrate that although the promising law was a known notion in the German legal literature before, (e.g. from Jellinek ‘s theory of “self-obligation” of the state), Somló elaborated a unique theoretical construction, where he connected Jellinek’s theory with Reinach’s theory of social acts, and with Stammler’s theory of normative claim (Geltungsanspruch).In the second part the article recapitulates, and illustrates with figures how does the theory functions in different legal fields.In the third part I analyse the theory itself critically. Here my conclusion is, that the attempt to integrate the neo-Kantian methodological foundation with Austin’s concepts, and with the theory of social acts necessarily brought a huge internal tension to the theory. As a contrast at the end of the paper I shortly describe Herbert Hart’s attempt to exceed Austin’s theory, and the differences between his, and Somló’s theory.
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This report aims to present a brief overview of the historical and political context of the legal reform, which took place after the establishment of the People’s Republic of China. It offers a short comparison between the provisions of the Constitution from 1954 and the Constitution from 1975 in an attempt to illustrate the consequences from the historical events, which serve as a base for the fundamental shift in the legal principles shaping their contents.
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Three contracts in the sphere of justice are concluded between the Republic of Bulgaria and the People’s Republic of China. The first was signed in 1994 and regulates the legal aid in civil cases. The second contract is for cooperation in criminal cases since 1995. The third contract since 1997 regulates the extradition of persons between Bulgaria and China. The official body for judicial cooperation is the Ministries of Justice of both countries.
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The article concerns the supposition that ratio naturalis has a pre-Stoic origin. The term ratio naturalis expresses the universal principle of rationality or mentalism. It was brought to light and included in Roman law for the first time probably by Gaius, and it was adopted by other Roman jurists.
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The article examines some aspects of the institute of termination of the individual employment relationship. Relevant notes are made. Amendments to the legislation are recommended.
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Language plays an essential role in one’s ability to access the life opportunities offered by a society through employment, healthcare, jurisprudence, voting, education, media, etc. Linguistic rights have been designed under international human rights law to address the right to choose the language or languages for communication while accessing such opportunities. Even so, the individually held linguistic right, which evolves from general individual human rights, such as the right to freedom of expression, to privacy, to a fair trial, etc., comes with less consequences as compared to the collective linguistic rights of groups. This paper, while exploring how international law deals with linguistic rights generally, shall focus on the linguistic rights of indigenous peoples. By so doing, the author discusses various international legal instruments which envisage collective linguistic rights of indigenous peoples, highlights the challenges faced by indigenous peoples with regards to such rights, and concludes by suggesting ways by which these challenges can be surmounted.
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This scientific report aims at presenting the historical development of the legal figure ‘resumption of the administrative proceedings. The report focuses on the origins of the resumption in modern Bulgarian law, dating back to the early 20th century, as well as on its evolution through the administrative procedure acts of 1970 and 1979 to the eventual adoption of the Code of Administrative Procedure which is currently effective.
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The subject of this article is the development of the administrative penalty in the years after the Liberation of Bulgaria and its establishment as independent administrative criminal proceedings. Administrative sanctions in Bulgaria existed even before the adoption of the current Law on Administrative Violations and Penalties (LAVP) in 1969, although not independently. This law regulates the legal definition of administrative violation: a human act expressed through action or inaction contrary to the established order of the ruling socialist government. With the adoption of LAVP and the repeal of Chapter XXVIII of the Bulgarian Code of Criminal Procedure of 1952, the administrative process is separated as independent along with the criminal and civil ones. LAVP already represents a systematic construction of substantive and procedural norms with global and developed sanctions.
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This report aims to present the emergence and historical development of the extraordinary procedure for revision of administrative acts and enforceable court rulings on administrative cases. It focuses on the origins of the resumption in modern Bulgarian law, dating back to the early 20th century, as well as on its evolution through the administrative procedure acts of 1912, 1934, 1970 and 1979 to the eventual adoption of the Code of Administrative Procedure which is currently in effect.
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The article examines the development of the legal framework of homicide as a crime in Bulgarian criminal law from the Liberation to the present day. The paper considers mainly serious cases of this crime, part of the legal framework in the specific time period.
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The Law on Administrative Violations and Penalties (LAVP) was adopted to distinguish administrative violations from crimes, disciplinary violations, financial and civil violations. Adopted during the rapid development of socialist society, LAVP creates a unified administrative criminal procedure for all administrative bodies. It has existed and been applied for more than five decades during two different historical eras, and it has marked the beginning of codification of the matter of administrative punishment, adopting various amendments over the years. They are a big step towards the modernization of a well-drafted law, but, unfortunately, they do not solve all the issues raised, and the work on improvement and codification of administrative punishment should not stop here.
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Indictments and their analysis from a historical and comparative perspective are of special importance for the field of law, in particular for criminal law. The courts of Kosovo have had different approaches to dealing with a criminal case in terms of indictment control. For this reason, this topic is important for scholars of legal studies. The inspiration to give impetus to the judicial practice in the direction of the fastest possible implementation of this instrument for resolving a legal criminal case in the judicial system is a strong reason to study this topic, specific to the circumstances of Kosovo justice. From this review, it can be affirmed that, during the initial review of the indictment, the public prosecutor, the defendant or defendants and their defence must be present. Without the presence of these entities, the initial review of the indictment cannot be held.
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Almost 75 years have passed since the proclamation of the Universal Declaration of Human Rights by the United Nations General Assembly on December 10th 1948. Nontheless, this passage of time has in no way diminished neither the force of the message nor the exceptional significance of this document, designed to enshrine a common ideal for all nations, the foundation on which the edifice of human rights has been and continues to be built. The ideal of human rights is alive so the next generations, future scientists and all representatives of social and political life are and will continue to be called upon to carry forward what ours forebears started.
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This report examines the development of civil forfeiture of property in Bulgaria from liberation to the mid-twentieth century. The more significant legal acts dedicated to confiscation of property outside cases of Non-Conviction Based Confiscation of property.
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