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Fegyveresi Zsolt, Veress Emőd (szerk.): Történelmi bírósági épületek Erdélyben, Forum Iuris Könyvkiadó, Kolozsvár, 2021. 233 old
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Nótári Tamás: A kora középkori alemann törvénykönyvek: Pactus Alamannorum – Lex Alamannorum. Szeged, Lectum Kiadó, 2020, 190 oldal
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In the beginning of the year 1837, the hunt started to catch Jóska Sobri, the famous Hungarian outlaw, and his gang. The then palatine ordered military forces to track them down and promised high reward for capturing them. The outlaw gang was hiding in Bakony Forest and had little chance against the soldiers. Not even Sobri and his closest fellow gang members could slip through the territory encircled by the authorities in Tolna County, close to Lápafő, on 17 February 1837. In the gunfight, Sobri has most probably died, but this has never been proven. He disappeared, and the myth was born in outlaw folklore, according to which he is alive even nowadays. Recently, a movie has been produced about his life, and there is also an adventure park in Bakony Forest named after him.
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In our study, we describe the regulation of the institution of adverse possession in Romania from a legal historical point of view. We present the main structures of adverse possession in the norms codified on the basis of Austrian and French models, as well as those influenced by Hungarian customary law, during the 19th and 20th centuries. We monitor the evolution of the conditions necessary for adverse possession based on good faith, legitimate title or registration in a real estate registry, or even bad faith de facto possession. We conclude that the temporal variability of the regulation of adverse possession and the overlapping of different adverse possession systems create legal uncertainty, especially in the light of the divergent practices of the High Court of Cassation and Justice and the Constitutional Court. According to our conclusion, this legal uncertainty will not cease without the restoration of the registration principle of the real estate registry.
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In a two-part series of studies, the author examines Cicero’s correspondence to discover how relations of family and friendship are expressed in personal, economic, and political terms. In this first instalment of the series, after a general introduction to Cicero’s correspondence, the author presents the concept of friendship that emerges from it. He then moves on to the presentation of the correspondence between Cicero and Atticus, describing and explaining the main motifs that emerge in it.
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The aim of the study is to provide a sketch of the economy of Transylvania in the princely period. The study will touch on the legal and economic aspects, but also on possible micro- and art-historical connections. The latter aspect is justified by the fact that Gábor Bethlen issued a charter regulating the operation and life of certain guilds. The publication of the regulations of the bootmakers’ guild in a princely charter is also worthy of analysis because it reveals several regulatory parallels with the modern-day context.
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Sáry Pál (szerk.): Lectures on East Central European Legal History, Central European Academic Publishing, Miskolc, 2022, 304 oldal.
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Mádl Ferenc: Magyarország első Polgári Törvénykönyve. Az 1959. évi IV. törvény a polgári jogi kodifikáció történetének tükrében, 2. kiadás, Ferenc Mádl Institute of Comparative Law, Budapest, 2022, 151 oldal.
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The article focuses on the issue of the legal legitimation of Roman women to bring a formal accusation in cases other than their own or regarding — to some extent — their relatives, which is still debatable in Roman law literature. The analysis concerns mostly crimen maiestatis and crimen annonae trials, regarding which sources seem to be particularly disputable. Despite ambivalent conclusions drawn on their basis by various authors, it occurs that women could act as both informers and formal accusers in those cases of a very specific nature, which constituted a serious departure from general rules concerning their legitimation, but was rooted in the utilitas publica concept.
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The subject of the article is the figure of George Joseph Bell — professor of Scottish law at the University of Edinburgh and author of two final Scottish institutional works: Principles of the Law of Scotland and Commentaries on the Law of Scotland and on the Principles of Mercantile Jurisprudence. The publication of both works in the first half of the nineteenth century marks a unique caesura in the history of Scottish law — both the level of complexity of the legal system and the significant convergence of Scottish law and solutions known to English law resulted in a lack of both need and opportunity for a comprehensive treatment of the Scottish law system in the form of a holistic legal treatise. G.J. Bell’s unfulfilled dream of becoming a judge of the Court of Session enabled him to refine his monograph on insolvency law to the level of just such a treatise, which consequently acquired the status of an institutional work and secured for the author a place in the history of Scottish law which is not given to every judge of even the highest of courts.
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The publication is an attempt to look at the history of law in Poland from the perspective of the development of European legal culture. The choice of the subject matter to be explored determined the author’s methodological instruments, ultimately prompting him to consider comparative legal studies as the basis for his research. At the outset, emphasizing the topicality of the problem in the context of the progress of European integration, the author strove to present the history of criminal law in medieval Poland, highlighting both the original developmental features and the way in which they fit into universal tendencies, represented in the legal systems of other contemporary countries of the Old Continent. In his final conclusions, he drew attention to the tendencies that emerged at the end of the Middle Ages and at the beginning of the modern era, pointing to the growing discrepancies in the directions of further development of law in Polish lands against the tendencies that began to dominate more and more clearly in the laws of most European countries at that time. The author’s intention was not to discover America a few hundred years after Columbus, but to synthesize a multifaceted problem that could serve historical-legal reflection.
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The article presents the course of work in the Criminal Law Section of the Codification Commission of the Republic of Poland on the institution of judicial rehabilitation. It has been shown that its concept was carefully developed on the basis of the resolutions of the Criminal Law Section inspired by prof. J. Makarewicz’s report and the discussion developed around this report, taking into account the achievements of foreign legislation and legal doctrine. The solutions based on these resolutions proposed by J. Makarewicz in the preliminary draft of the general part of the Penal Code were subject to further substantive and editorial modifications as a part of the second and third reading of the Polish Penal Code draft, and then at the forum of a specially appointed Ministerial Committee. As a consequence of these activities, the inclusion of judicial rehabilitation in the Polish Penal Code of 1932 respected the latest postulates of the criminal policy and implemented the principle of punishment individualization.
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Post-war Poland as a result of border changes and the resettlement of millions of citizens from the so-called Eastern Borderlands found itself in a complicated legal situation. The new reality forced the communist authorities to take urgent measures to standardize the various legal systems functioning in the interwar period and resulting from the partitions. As part of the resolution of the Council of Ministers of the Provisional Government of the Republic of Poland of 12 June 1945, activities aimed at the unification of the law were initiated. Complex issues, post-war difficulties and the imposition of very short deadlines were associated with organizational difficulties and, consequently, the necessity to extend the time for the implementation of the unification process by the Ministry of Justice assigned to this task. In the course of the work, other concepts of unifying the law in post-war Poland also appeared. An interesting, and at the same time little-known, alternative proposal in this regard was the Draft Act on the Unification of Law by the Ministry of Administration, aimed at a rapid general unification of the block method. The ministry’s postulates were the subject of arrangements and inter-ministerial conference as well as discussions in the contemporary literature. The final content of the draft as a result of a vote was not adopted by the other ministries. The project was deemed inadequate to the stage of work at that time and it was decided to maintain the current method of detailed unification. As a result, the civil law was unified on the basis of a dozen or so decrees. The Ministry of Justice also adopted decrees unifying court proceedings in civil cases, decrees partly in the field of administrative law and additional decrees. On the occasion of the success of the completion of unification works, on 13 December 1946, a nationwide academy was held with the participation of the highest state authorities. From 1 January 1947, uniform civil law was in force throughout Poland.
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In the first part of the study, after having presented the general features of the Ciceronian corpus of letters, their basic characteristics and formal features, the author analysed the concept of friendship in the epistles on the one hand and Cicero’s relationship with Atticus (the addressee of half of his letters and his most enduring and closest friend) on the other. In the second part of the study, he focuses on the family ties that emerge from Cicero’s letters: first, Cicero’s relationship with his wife, Terentia, and his children, Tullia and Marcus, is analysed, followed by the emergence of grief over the death of his daughter Tullia and the role of friends as consulatori in the period of mourning, which at the same time completes the Roman concept of officia amicitiae outlined in the previous part.
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The aim of the study is to outline the governmental aspects of the Tripartitum and its role in the history of Hungarian law, in its first compilation during the existence of the Principality of Transylvania, the Approbates. In order to achieve this aim, the Tripartitum and the relevant legislation, mainly of public law, will be included in the study, without being exhaustive, taking into account the limits of space.
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