Analiza usklađenosti Zakona o azilu BiH sa pravnom stečevinom EU

Author(s): Darko Pandurević / Language(s): Croatian Issue: 30/2017

Potpisivanjem Ugovora o stabilizaciji i pridruživanju, Bosna i Hercegovina se obavezala da usaglasi svoje zakonodavstvo sa pravnom stečevinom Evropske unije. Savremeni migracijski tokovi i potreba da države članice što adekvatnije reaguju na nastale okolnosti rezultirali su dodatnim izmjenama zakonodavstva Evropske unije. Posljedično, stvorila se potreba da se izmijene odredbe starog Zakona o kretanju i boravku stranaca i azilu1 te da se one usklade sa acquis-em. Novi Zakon o azilu Bosne i Hercegovine donesen je 2016. godine.

Pojęcie poczytalności w prawie karnym Kościoła

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2003

Imputability being a subjective element of the crime is defined as the quality of the human act, for which the person who performs it can be declared free and responsible author of their actions. The legal imputability assumes the existence of the human and also moral. The sources of imputability are fraud and guilt. It is bound to the established by a law or a precept, who deliberately violated the law or precept. This means that although the sources of imputability are two, the law in force requires imputability for fraud to incur the penalty, and does not consider imputability to be sufficient, unless it is provided for by law. It is important to underline that in the penal law of the Church, placed the external violation, imputability is presumed, unless it proves otherwise.

Optužnica Vrhovnog državnog tužilaštva Crne Gore za zločin „Deportacija“ i Presuda Višeg suda u Podgorici

Author(s): Author Not Specified / Language(s): Bosnian Issue: 77-78/2018

U predmetu Kts.br. 17 / 08 (Deportacija), Vrhovno državno tužilaštvo Crne Gore - Odjeljenje za suzbijanje organizovanog kriminala, korupcije, terorizma i ratnih zločina je pokrenulo istražni postupak dana 18. oktobra 2005. godine. Optužnicu sa predlogom za određivanje pritvora protiv 9 lica: Bojović Boška, Marković Milisava, Radunović Radoja, Stojović Božidara, Bakrač Duška, Ivanović Milorada, Šljivančanin Milorada, Bujić Branka i Glendža Sretena, zbog krivičnog djela – ratni zločin protiv civilnog stanovništva iz čl. 142 st.1 KZSRJ, tužilaštvo je pred Višim sudom u Podgorici podiglo dana 19. 01. 2009. godine.

ГЕНДЕРНЫЙ ВОПРОС В СИСТЕМЕ ВЗГЛЯДОВ НАРОДНИКА И. Н. ХАРЛАМОВА (ПО МАТЕРИАЛАМ ОЧЕРКА «ЖЕНЩИНА В РУССКОЙ СЕМЬЕ»)

Author(s): Sergej Sergeevich Kharitonov / Language(s): Russian Issue: 4/2017

The views of the populist/narodnik I. N. Kharlamov (1854—1887) on gender issues, presented in his essay “Woman in the Russian family” (1880), are discussed in the paper. The methodological foundations of I. N. Kharlamov’s approach to the designated problem are analyzed. Gender issue is disclosed through the confrontation of two types of social order: “traditional” and “cultural”, characterized by the difference of the relationship to power. The main factors, influencing the formation of “traditional” and “cultural” types, such as legal norms, Christian morality, communal way of life are dealt with. These types, according to I. N. Kharlamov, determined the forms of marriage, property rights of spouses, had a direct impact on family relationships and the role of woman in the family. The problem of existence of large patrimonial families are discussed. The stereotypes of feminine behavior, defined by “traditional” and “cultural” types are analyzed. Assessment of the status of women in peasant and “cultural” families in the historical realities of the second half of the XIX c. from the point of their civil rights problems are given.

Sprawozdanie z ogólnopolskiego sympozjum naukowego „Prawo do prywatności w Kościołach i innych związkach wyznaniowych: od tajemnicy duszpasterskiej do ochrony danych osobowych” Chrześcijańska Akademia Teologiczna w Warszawie, 15 marca 2018 r.

Author(s): Agnieszka Filak / Language(s): Polish Issue: 1/2018

Tanzimat Döneminde Ayıntab’ta Aile

Author(s): Özlem Muraz Budak / Language(s): Turkish Issue: 10/2017

Family, denoting a community of individuals based on kinship relation or household, is the most important bridge established between a person and the society. When the general features of the Ottoman family structure of the Tanzimat Period (Reorganization of the Ottoman Empire) is observed, it is seen that much as the dominance of the father continued in the family, the personal freedoms of the family members spread over a wider area compared to the past. Much as the traditional order in the family was maintained, the family began to be modern as a whole. In this study information is provided as to formation of a family union in Aintab (former name of the Gaziantep province of today) disunity of the family union and the number of spouses and children within the framework of the Records of Aintab Ser’i Court during the period of 1839-1876.

ВЪПРОСИ НА ДОГОВОРА ЗА ПОЖИЗНЕНА РЕНТА

Author(s): Galina Dimitrova / Language(s): Bulgarian Issue: 1/2017

This article deals with a number of Family law and Law of obligations problems of the contract of rent. It is made a characterization of the rent contract. It is shown who will be a titular of the acquired through the contract real rents and how the spouses would be responsible for the obligation of rental payments under the regime of community. It is considered the question is it acceptable one of the spouses to transfer to the other real rights with a rent con-tract with lifelong payments, as we know for the existence of the obligation for maintenance between the spouses. With the analysis of the contract regime it is examined the hypothesis, where the marriage contract consists the clauses of the rent contract, and also of the question if the creditor of the rent payment can claim on the basis of contracted by the spouses solidary liability, thus the author corroborates her thesis with a lot of arguments. When it is applicable the regime of separation are discussed the possibilities of solidary liability between spouses for the obligation of periodical payments on the rent contract and emergence of the common titularity of spouses of the acquired by the rent contract.

МОБИЛНИТЕ УСТРОЙСТВА КАТО СРЕДСТВО ЗА ОБУЧЕНИЕ ПО ПРАВО

Author(s): Jose Luis Zamora Manzano / Language(s): Bulgarian Issue: 2/2016

In this article with practical dimensions we will analyse the use of tablets and the new technological "keys" in the auditorium, based on mobile learning, and we will examine their potential for different academical activities. For starting point we take the identification and the description of the key tendencies in the technology of education in the domain of teaching and learning, having in mind the last Horizon Report of 2016. We will see how in our academic exeprience concerning the law we use a metodological synergy and the integration of flipped classroom, the research of APP and even the gamefication as new didactical instruments of the digital ecosystem.

РИМСКОТО ПРАВО КАТО СЪСТАВНА ЧАСТ НА СЪВРЕМЕННАТА ПРАВНА КУЛТУРА

Author(s): Alejandro Guzman Brito / Language(s): Bulgarian Issue: 2/2016

In this article, the roman law is presented as a necessary basis for understanding the modern private law. The roman law is present in the modern codifications, whether this is admitted or not. From a historical view the roman law transmits from one century to another due to the work of the great jurists and to the legal education, pointed straight to the practice. In this article are presented also some comparisons between the point of view of the roman jurist and the modern regulation of the same matter in the civil codes of Chile and Columbia.

ПРАВО И КУЛТУРА – ЕДНО ОБРАЗОВАТЕЛНО ПРЕДЛОЖЕНИЕ, ОТ КОЕТО НЕ МОЖЕМ ДА СЕ ОТКАЖЕМ ЕВРОПЕЙСКОТО ПРОСТРАНСТВО НА ВИСШЕТО ОБРАЗОВАНИЕ

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 2/2016

In the article is presented the connection between the law and the philosophy and its dimensions in the modern legal education. The attitude of the professors in the law faculties must be open towards an interdisciplinary debate and permanent cultural dialogue. The historical roots of every discipline must be pointed out, because they can explain it‘s significance and particular autonomy from other matters.

ДВУЕЗИЧНОТО ЮРИДИЧЕСКО ОБРАЗОВАНИЕ ОТВЪД КУЛТУРНИТЕ ГРАНИЦИ ВЪВ ФРИБУРГ: ПОЛЕЗЕН ОПИТ ЗА ЕВРОПА

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 2/2016

The author shares his long-standing experience from the Faculty of Law at the University of Fribourg, teaching his students simultaneously in French and German and with a growing number of additional English courses. He shares the belief that greater harmonization of the law, and in particular the private law, can only be achieved if the education systems enable students to get acquainted with different case studies of different national legal systems. At the same time are created conditions for the improvement of the language training of students and especially of legal terminology, which is a guarantee for successful practice in the conditions of the linguistic diversity of the present day.

АЛТЕРНАТИВНА ПАРАДИГМА ЗА РИМСКОТО ПРАВО

Author(s): Philip Thomas / Language(s): Bulgarian Issue: 2/2016

The author emphasizes the importance of the study of Roman law in modern law schools, because it shows students that could act differently, and that the decision of a case depends on the social context rather than legal dogma. Thus Roman law can play a new role in legal education.

РИМСКО ПРАВО, ПРАВНО СРАВНЕНИЕ, ИНТЕРДИСЦИПЛИНАРНОСТ

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2016

The historical approach in the domain of romanistic and legal history sciences leads to examination of the roman law as a functional legal system in a specific period of time. Nowadays in the universities the examination of the roman law is limited and without connection with the positive law. It is often isolated to a discipline in the program of the law faculties. The author of this article presents the importance and the role of the roman law for the modern legal education.

РИМСКОТО ПРАВО В СЪВРЕМЕННА ХЪРВАТСКА

Author(s): Marko Petrak / Language(s): Bulgarian Issue: 2/2016

The aim of this paper is to give an overview of the significance and influence of Roman legal tradition in the Croatian context. The first part of the paper shall present, in broad lines, the bimillenial presence of Roman law in the territory of the contemporary Republic of Croatia. The second part of the paper will focus on the contemporary law of the Republic of Croatia and its Roman foundations. The third part of the paper will briefly analyze the issue of legal education, i.e. the history and the present situation of the teaching of Roman law as part of the curriculum of Croatian law faculties.

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

LEX AELIA SENTIA ТЕКСТУАЛНАТА САНКЦИЯ ЗА НИЩОЖНОСТ РИМСКИТЕ LEGES PUBLICAE

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 1/2015

The article is devoted to the topic of the Roman prohibition laws in the field of private law (leges perfectae) are limited to banning a particular action or establishing a penalty for offenders. Lex Aelia Sentia is obviously the first law that provides in its text nullity when doing acts are contrary to its prohibitions. It is assumed that the assessment of actions contrary to the law as devoid of legal effect and therefore the assessment of the law itself as lex perfecta is a result of the interpretation given by Roman jurisprudence.

САНКЦИИ ЗА НЕИЗПЪЛНЕНИЕ СРЕЩУ ПРЕДПРИЕМАЧА НА ПУБЛИЧНИ РАБОТИ КЪСНАТА РЕПУБЛИКА РАННИЯ ПРИНЦИПАТ

Author(s): Andrea Trisciuoglio / Language(s): Bulgarian Issue: 1/2015

In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.

НЕЩО СТАРО, НЕЩО НОВО. АВГУСТОВОТО ЗАКОНОДАТЕЛСТВО ПРЕДИЗВИКАТЕЛСТВОТО ДА СЕ УСТАНОВИ СОЦИАЛЕН КОНТРОЛ

Author(s): Thomas McGinn / Language(s): Bulgarian Issue: 1/2015

ОБЩЕСТВО, ИЗКУСТВО И ПРАВО ПО ВРЕМЕТО НА ОКТАВИАН АВГУСТ: ЖЕНАТА ПРЕЗ ПРИЗМАТА НА РИМСКИЯ КОМИКС

Author(s): Rosalía Rodríguez López,Jaime Vizcaíno Sánchez / Language(s): Bulgarian Issue: 1/2015

The article presented uses a rather innovative and out-of-the-box analyzing method. It is aimed at providing insight into the idea behind an exhibition, called Personajes femenino en el comic de romanos (Female characters in Roman-themed comic books), which took place in December 2014 in Almeria, Spain. The purpose of the exhibition was to outline the typical characteristics of the Augustus-era Roman female by analyzing the female characters in modern-day Roman-themed comic books, which are, despite their entertaining purpose, based on actual historical data.

ОПИТЪТ ЗА НРАВСТВЕНА РЕФОРМА НА РИМСКОТО ОБЩЕСТВО С АВГУСТОВОТО БРАЧНО ЗАКОНОДАТЕЛСТВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2015

The marriage legislation was part of Augustus` program to restore the res publica shaken by more than a century of political and social disorder. For Augustus and for men like Livy, Horace and Virgil the solution of the troubles which had befallen the Roman lay in the past, in the values and customs and of an earlier age (exempla maiorum) – family life, the chastity of Lucretia, the moral probity of Cato the Elder, in a word, Romanitas. The political settlement imposed by the principate was not enough without propagation of the Italian stock and of its prisca virtus, which, unadulterated by the attitudes and beliefs of the opulent and decadent east, had won Rome an empire. Ironically, the methods of Augustus of implementing this archaizing social policy, was itself a radical innovation – pervasive intervention by the state in the private lives of roman citizens passing three according to some of the contemporaries severe laws – Lex Iulia de maritandis ordinibus, lex Papia Poppaea and Lex Iulia de adulteriis coercendis, which response is obviously visible centuries after the death of their glorious creator – the reformator emperor Octavianus Augustus.