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In this paper, we undertake to study the legal nature of non-conventional set-off from Roman law to codification, examining the doctrinal positions adopted by glossators and commentators. We shall pay special attention to the deductio made by the bonorum emptor and the principles that guide bankruptcy proceedings and that justify the admission or non-admission of insolvency status in comparative law and in Spanish law.
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It is known that the ius honorarium criminalized a series of punishable conducts typified by criminals actiones in facture for the punishment of unlawful acts not covered by the ius civile. Among them we can observe several actions that punish the free and reasonable use of public roads such as those against people who throw liquids or solids and place objects on eaves or balconies that could hurt during their fall. The opportune pretorian intervention, at exactly the right moment when the new urban situation requires it, constitutes an irrefutable proof that the Roman jurisprudence, far from fossilizing, is always ready to provide the solutions required by the changing social demands.
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Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.
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The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
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L’œuvre historique de Charles de Gaulle a-t-elle eu de l’influence sur les événements politiques en Serbie? La réponse est oui, même plus qu’on ne le pense. Le parallélisme du comportement politique pendant la Seconde Guerre mondiale du général Milan Nedić avec celui du maréchal Philippe Pétain et du colonel Dragoljub Draža Mihajlović avec celui du général de Gaulle est fascinant. Les deux militaires serbes ont été formés par l’armée française. Comme Pétain, le général Nedić a décidé de se soumettre à l’occupant en créant un État serbe fantoche. Comme de Gaulle, le général Mihajlović est convaincu de la victoire des Alliés, refusant la capitulation et décidant de continuer le combat. La constitution gaulliste de la V République de 1958 a-t-elle inspirée les rédacteurs de la constitution serbe de 2006 ? Dans une certaine mesure oui, mais peut-être pas assez. Voici une analyse du rapport des Serbes face au gaullisme.
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The expansion of the Roman Empire during the Principate leads to the creation of various unions between Rome and Black Sea city-states. The relations between Roman and local authorities is a question of great importance for the understanding of the integrational processes in the Empire. One example of such a union is the Western Pontic koinon among Istrum, Tomis, Callatis, Dionisopolis, Odessos and Mesambria. The analysis of this union can reveal the mechanisms of integration and government during the classical period of Roman law. This article aims to examine the relations between Rome and the Western Black Sea Coast city-states in order to reveal the basic principles of cooperation and integration of these cities under Roman rule.
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The international crime of piracy often presents a number of complications related to its perpetration in various and continuous forms and together with other crimes and recognition of the applicable law. The paper outlines its general legal and criminological characteristics, provides criteria for its legal qualification and differentiation from robbery, maritime crimes, war crimes, terrorism and other crimes and some insights on its development as a criminal phenomenon.
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After the serious shortcomings of the mechanism of the UN system of response to frequent cases of serious threats and survival of human groups were identified at the end of the 20th century, the report “Responsibility to Provide Protection” was submitted in 2001 and incorporated into the UN system in order to improve the mechanism for responding to these threats. At the beginning of the 21st century, the Rohingya people of Myanmar faced systematic denial of basic human rights and decades of crime. The paper presents the attitude of the international community towards the denial of basic human rights and crimes against the Rohingya community in Myanmar. The elaboration of the mentioned relationship was made following the principle of the doctrine of responsibility for providing protection. We found that the international community did not apply the principles of responsibility for protection and did not take the necessary measures to protect and restore the basic human rights of the Rohingya, although there were reliable indications that crimes against humanity and other crimes had been committed against them for decades.
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Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.
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Conserving cultural heritage and archaeological sites have become a serious national concern in the Middle East for the war-affected countries, including Iraq and Syria. Because looting and violence have caused massive destruction of cultural heritage and archaeological sites, this study aimed to analyze the legal background concerning the protection of cultural heritage and archaeological sites in the context of Iraq and Syria during 2014 with the rise of the Islamic State of Iraq and Syria (ISIS). This study used the content analysis method and cross-country analyses for Iraq and Syria. The study is guided by two main questions: What is the government's legal role in protecting cultural heritage and archaeological sites? Are there any legal authorities in Iraq and Syria to protect cultural heritage and archaeological sites during war and conflict? In the end, this paper suggests that protecting cultural heritage is the legal responsibility of government which is supposed to be enforced in the legal foundation of the state as a national sovereign power.
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This paper aims to give a greater perspective to the study of an institution that even today presents complex situations because the usucapion or acquisitive prescription works as a kind of consolidation of a right, provided that a possessor has been for a certain period of time. Each legal system establishes the point of equilibrium between the interests confronted in a usucapion case based on certain elements, therefore it is useful to analyze the Roman legal experience as a scientific foundation of this complex institution that constitutes one of the great themes of the law of things.
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The importance of the increasing role of Community law is given by the implications for the legal systems of the Member States of the European Union. The European Community has evolved over the course of its history into a multi-state structure with an autonomously manifest legal order, with a system of law binding on each Member State and quasi-uniformly ‘adopted’ by the member states of the European Community. The relationship between Community law and national law can be quantified as follows:1.the prioritization of the competencies of Community law in relation to those of the national law, which implies a transfer of competencies to the European Union; this transfer can be total, as is the case of the customs tariff, or partial, a situation in which there is no need for a relationship between them; 2. the alignment of the legislative provisions of the national law with Community law; 3. the reconciliation of the consequences of the legal rules making up the two legal systems; 4. the concomitance of Community law with the national law, i.e., where Community law guides the application of national rules, as in the case of competition law.
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The desiderata implemented in forensics at the time of its birth as a special legal science, the knowledge gained during its development and its subject matter, overall determine the possibility of using forensic means, methods, and procedures in judicial and extrajudicial activities. This scientific paper describes the possibility of using the forensic arsenal not only in a criminal trial, but also in the context of other law enforcement actions, including in the field of civil law relations. In this regard, the methods of using forensic knowledge in civil and contravention processes are described, ensuring the economic and information security of the enterprise, establishing psychological contact in interviews, emphasizing the significant role of forensics in preventing and combating illegal acts. The author also highlighted some causes that prevent the use, outside the criminal process, of the opportunities offered by forensic.
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By focusing on the most important agents of social control, this paper goes beyond the legal aspects of protecting freedom of assembly in pandemic-ridden Poland. It gives insight into a gap between the declared police neutrality and the balance between neutrality and partisanship in practice. Embedded in the scholarship on protest policing, the study aims to determine the extent of police partisanship over the critical public assemblies in Warsaw. By drawing upon a qualitative frame analysis, the study deals with the following research question: where does the model of police partisanship developed by the Warsaw Police during the coronavirus pandemic lie on a continuum of antinomic ideal types of neutral and partisan policing? The major argument is that protest policing lies close to partisan policing when the government’s ruling position is threatened. In such situations, freedom of assembly is at stake, and protesters’ behaviour takes the form of civil disorder. Neutral policing is peculiar to events that do not pose any threat to the government. Such events are peaceful, and assembly participants’ freedom is respected. Proper recognition of the characteristics of police bias is particularly important to understand the essence of the practice of safeguarding freedom of assembly and the process of political contestation.
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The administrative capacity of public authorities and bodies, as well as of the institutions under their subordination/in their coordination, includes, not only all material, institutional and human resources, but also the actions they carry out for the exercise of the competencies established by law. In the context of the COVID-19 pandemic, the Minister of Education together with the Minister of Health issued Joint Order no. 5558/2389/2021 which provided that, starting with 8 November 2021, the resumption of courses with physical presence is to take place in all pre-university education units in which a minimum percentage of 60% of the staff is vaccinated, otherwise the resumption of courses will be done online, and the Boards of Directors of the pre-university education units issue the decision on how to resume the courses. Therefore, this study will analyse, in the light of data protection legislation, if, in view of the competencies established by law, the pre-university education units had the necessary administrative capacity to issue an informed decision on how to resume the courses. The main conclusion after analysing the legal framework is that the legitimate basis for personal data processing concerning the staff vaccination status can only be point (c) of Article 6 (1) and point (g) of Article 9 (2) of Regulation (EU) 2016/679, but the Joint Order no. 5558/2389/2021 does not fall into either of these two legal basis for the processing, with the consequence that the Boards of Directors were in fact deprived of the necessary administrative capacity to issue the decision on how to resume the courses.
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Internationally, human rights law guarantees a universal right to education. Education and training of inmates help reduce the social costs of crime. People outside of the prison environment have the luxury, or better yet freedom, of choosing the reason for pursuing a form of education or training, whilst for prisoners it is predetermined. Given that its final scope is the reintegration of prisoners into society as full functioning citizens, the right to education becomes an obligation to the state to guarantee the access to the resources available. Thus, the complexity of this right can be better seen in the prison environment, as its final purpose is to ensure that discipline and order are maintained in society.
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The article offers an analysis of Svetlana Alexievich’s Last Witnesses: An Oral History of the Children of World War II as a history of war from a child’s perspective. Giving the voice to those whose childhood fell on wartime and occupation is a step towards discovering children’s wartime experience as well as a gesture against its ideologisation and politicisation. The protagonists’ memories assembled in the reportage allow us to recreate the children’s point of view about the aforementioned events, which usually remains omitted from the official historical discourse shaped in the USSR.
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Viewed as „strangers“, the peregrini constituted the majority of Rome’s population. Although they did not have roman citizenship, still the peregrini benefited from specific rights. The main points of interests in the article are to examine the legal status of these people under ius gentium and to explore how this status differed from Roman citizenship. Lastly the study will try to give a classification of the distinct types of peregrini.
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The article analyses the use of the terms proconsul, praeses, rector to designate the provincial governor in the Codex Theodosianus; it points out the terminological continuity of the first two with their use in the previous era and establishes the classical origin of proconsul and praeses and the postclassical origin of the term rector as a designation of provincial governor. An analysis of the imperial constitutions in Theodosian Code reveals that it is the new term rector that has the highest frequency of use by the imperial office in 118 imperial constitutions, compared to proconsul in 102 imperial acts; the term praeses has the lowest frequency of use in Theodosian Code.
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