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Skica o pravno-praktičkom značaju i beznačajnosti pravnih principa za pravosuđe s osvrtom na stanje u Srbiji

Author(s): Jasminka Hasanbegović / Language(s): Serbian

Osnovna teza ovog spisa jeste da pravni principi i pravna pravila (koji se inače ne mogu odsečno razgraničiti) mogu ali ne moraju da imaju značaja u praksi, pri sudskom odlučivanju, i to i u onoj praksi koja se ocenjuje kao dobra ili čak uzorna, dakle, u uzornim pravnim porecima. To važi za sve predmoderne pravne poretke. Modernost – pa i pravna modernost – postavlja određene „zahteve“ pred svaki pravni poredak koji po sopstvenom samorazumevanju hoće da bude (viđen kao) moderan. Moderni pravni poreci ne mogu bez pravnih principa, ali ni u njima pridavanje značaja pravnim principima nije nikakva garantija za dobru (odnosno uzornu) sudsku praksu. Dobra (odnosno uzorna) sudska praksa – i u predmodernim i u modernim pravnim porecima – postoji u dobrim (odnosno uzornim) pravosudnim komunikacijskim zajednicama. Da bi se ta teza dokazala, odrediće se neophodan pojmovno-teorijski referentni okvir i razmotriti argumenti relevantni za (hipo)tezu postavljenu na početku.

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ЈАВНОСТ - лист за наукe и политику (1873/8)

Author(s): Author Not Specified / Language(s): Serbian

Крагујевац, 21. Новембра; О нашем закону о печатњи; Од куда долази наша сиромаштина?; СЕСТРЕ (Приповетка); Из одбора за прављење адресе; О скорашњем запетом стању у Француској (Наставак из 5. бр.); Различности; На знање;

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ЈАВНОСТ - лист за наукe и политику (1874/1)

Author(s): Author Not Specified / Language(s): Serbian

На ново лето; Рад народне скупштине; Крагујевачка новост; Јавна коресподенција; Опет наши адвокати и народна скупштина; ОГЛАСИ; Акционарима крагујев. друшт. штампарије; Новим уписницима; читаоцима ''Јавности'';

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Skadar na Bojani: stogodišnjica Vidovdanskog ustava

Author(s): Srđan Milošević / Language(s): Serbian

Prošlosti, naravno, ne treba suditi. Naročito ne treba suditi (o) fenomenima koji su sami po sebi neutralni ili u odnosu na koje je alternativni ishod nepoznat ili nedovoljno predvidljiv, što čini svaku kontrafaktualnu raspravu u najvećoj meri besmislenom. Na primer – stanovište da je stvaranje Jugoslavije bilo pogrešno. Posledice alternativnog ishoda (Jugoslavija nije stvorena) dovoljno su nepoznate da predstavljaju samo puku spekulaciju, što ne znači, razume se, ni da je stvaranje Jugoslavije bilo ispravno. Takva vrsta kvalifikacije naprosto je nemoguća.

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Публично и частно право - право на собственост

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

The study attempts to consider some fundamental legal phenomena known from ancient times, but requiring modern reading, as well as new phenomena that society in recent years has required as legal regulation. The challenge of the present work is to find the roots and the connection between these phenomena. Traditional and fundamental issues include the distinction between public and private property, as well as the impact of this distinction in view of the different ways in which private property is confiscated in favor of public entities. Newer issues include expropriations such as modern regulations, confiscation of criminally acquired property, and more. The study will trace the historical foundations of the division of property into public and private, as well as the impact of its denial in Bulgaria during certain periods. An attempt will be made to look to in a new way at the time-consuming restoration of this division of property and the consequences for Bulgarian citizens of this return to the classics. The study also comments on a number of works by established Bulgarian scientists which are relevant to the topic.

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Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война

Author(s): Nedyalko Bekirov / Language(s): Bulgarian Publication Year: 0

The present work systematizes issued certain legal acts related to the ongoing socio-economic and socio-political processes during the First World War. Specific legal acts related to the area of satisfying the population with foodstuffs are cited. Rules and regulations aimed at providing for the population are also described, which persons are entitled to support and in what amount. In conclusion, individual problems that arise in connection with the legal act are indicated.

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Правовият ред в българските възрожденски еснафи

Author(s): Petya Nedeleva / Language(s): Bulgarian Publication Year: 0

This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.

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Ревизия на Конституцията на Република България от 1991 г.

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.

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Същото, но обратно

Author(s): Mihaylina Mihaylova / Language(s): Bulgarian Publication Year: 0

In the development reference is made to oppositions and antinomies, as they are subject of consideration by philosophy and the various schools of philosophy. This paper aims to present multifacetedness of the concept of the opposite.

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Правото и правната наука през следващото хилядолетие

Author(s): Zhivko Stalev / Language(s): Bulgarian Publication Year: 0

The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.

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Правни проблеми при трансплантация и органодонорство

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

This paper sheds light on one of the methods for treating patients with organ failure – transplantation. Reference is made to the history and the first attempt at transplantation is also discussed. The legal issues related establishing brain death, giving consent for organ donation from a person in a state of brain death, and those related to giving consent for organ donation from a living donor are touched upon. In conclusion, the legal aspects in various branches of law related to transplantation and organ donation are also presented.

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Относно същността на погасителната давност

Author(s): Lyuba Panayotova / Language(s): Bulgarian Publication Year: 0

This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.

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Религиозната толерантност в България през Средновековието

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The following article deals with the issue of religious tolerance in Bulgaria during the Medieval times. It sifts through Bulgarian history from forming of the state to falling under the Ottoman yoke. The article starts with the religious believes of the thee major ethnic groups which participated in forming of Bulgarian medieval state: thracians, slavs and bulgars. The research is centered around their common religious relations and influences. The other issue is the anti-Christian persecutions during the pagan age of the First Bulgarian Empire. The intolerant actions of the khans can be explained with the fear of Byzantine influence and eventual loss of sovereignty. A turning point in the Bulgarian history is the period of christianization and the following results. Conversion to Christianity, at first, meets great opposition among the Bulgar nobility, but the actions taken by Boris I deserves to be mentioned. The article pays attention to another problem in our society during the Middle ages – the Bogomilism. This gnostic religious and political sect calls for a return to early Christianity, rejecting the ecclesiastical hierarchy, and its primary political tendencies are resistance to the state and church authorities. This religious movement is met by heavy contempt and intolerance of the ruling class from its beginning to the fall of the Second Bulgarian Empire. The final issue is the relations between the crusaders and the orthodox Bulgarians during the crusades.

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Осигурени лица по българското осигурително законодателство

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The overview covers social security legislation development up to the year 2000. This article summarizes key points and highlights of the developments on the definition of protected persons, during the time from the establishment of the first laws in Bulgaria to the approval of the Social Code in 2000.

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Velezrada v uhorskom stredovekom práve

Author(s): Justyna Segeš Frelak / Language(s): Slovak Publication Year: 0

Treason, or crime of unfaithfulness (nota infidelitatis) was considered as the most serious crime in Hungarian legislation and it included several crimes. It is first mentioned in a law enacted by king Matthias in 1462 that lists approximately 20 crimes. In the 1514 Tripartitum lists more than 30 crimes in 18 points which could be subdivided into 6 subgroups: malice against property (meaning the sovereign), treason and rebellion, violence against authorities and officials, heresy, forging of official documents and money, murder and defilement of relatives. Treason was punished by head and property of the perpetrator. Eventual granting of mercy by the ruler was usually related to the capital punishment but not confiscation of property.

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Protistátní trestné činy v moderních kodifikacích

Author(s): David Kolumber / Language(s): Czech Publication Year: 0

The contribution “Anti-state Crimes in Modern Codifications” deals with the topic of anti-state crimes during centuries. Firstly, legal concepts in the pre-state period are mentioned. Then the attention is paid on the evolution of this institute in the Euro-Atlantic area. From this point of view, there are mentioned mainly regulations from England (1351), France (1810), Germany (1871) and Soviet Union (1958) which could be remarked as the most important for the development of other countries. On the other hand, it also reminds the development of codifications in Czechoslovakia, the Czech Republic and Slovakia, which were affected by the Austro-Hungarian legislations as well as German and Soviet approaches. The Czech current arrangement generally does not depart from the other European samples, but it cannot be omitted that in the Czech Republic it is distinguished the penal concept of the high treason (Landesverrat, vlastizrada) from the constitutional concept (Hochverrat, velezrada) which is dedicated to the presidential anti-state activities. The contribution also indicates that the concept of anti-state crimes in countries has not been unified and it has been varying according to various experiences and attitudes.

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Исторически преглед на наказателноправния режим на непълнолетните

Author(s): Krasimira Ipokratova / Language(s): Bulgarian Publication Year: 0

The article examines the criminal law regime of minors for the period from the establishment of the Bulgarian state in 681 to 1989. For this purpose, the paper is divided into seven historical periods of the Bulgarian state and law, in which the establishment and development of the special criminal law regime of minors is studied. An attempt has been made to examine all known legal monuments and laws from the respective eras related to this legal institution of criminal law.

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Inheritance Rights of the Surviving Spouse. Study of Comparative Law

Author(s): Cristina Ramona Duță / Language(s): English Publication Year: 0

With a legal situation that placed the surviving husband towards the end of the list of those called to his de cuius inheritance - only the state was found after him in the order of successors, the regulation of his succession rights betrayed, over time, a nonprivileged position. Under the empire of the Civil Codes, the one from 1864 and then the one from 2009, the surviving spouse acquires a well-deserved place among the successors, coming into the contest alongside each class of heirs. The paper aims to analyze the succession rights of the surviving spouse in the different succession systems, the one of Romano-Germanic tradition in the family of which our succession right is a part, the common-law system present in Great Britain and the mixed one of the province of Quebec.

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O prawie i jego interpretacyjnych artefaktach

Author(s): Ewa Łętowska / Language(s): Polish Publication Year: 0

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Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN / Language(s): English Publication Year: 0

The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.

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