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ПОМИЛВАНЕТО В РИМСКОПРАВНАТА ТРАДИЦИЯ

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2020

The article studies the scope of application, the legal effects and the legal and political concept of pardon as an instrument for full or partial abolition of an imposed penalty in Ancient Rome Empire focusing on both normative resources and historical evidence of the manner in which the institute has been practiced. By outlining both permanent characteristics of pardon which have survived to the present times and features which have changed together with the change-related factors, the analysis contributes to the establishment of a common understanding of the institute.

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РИМСКОТО ПРАВО КАТО ИЗТОЧНИК НА ТЕОРЕТИЧНО ВДЪХНОВЕНИЕ: СЛУЧАЯТ НА СКАНДИНАВСКИЯ ПРАВЕН РЕАЛИЗЪМ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 2/2020

The article analyzes the large-scale theoretical significance of Axel Hägerström's idea of the magical origin of a number of the institutes of the most ancient Roman law. In the theoretical thought of Scandinavian legal realism, and especially of Hagerstrom's student Karl Olivecrona, the idea develops that legal thinking bears a number of features of primitive magical thinking. Scandinavian realists oppose the alternative of a fact-oriented legal method, which considers legal norms as mere probabilistic conditional statements for how a hypothetical judge would decide in a hypothetical situation. The proposed analysis develops the idea of analogies between magical and legal thinking, considering the relationships between magic and science and magic and religion. The term "magic" in the authors under consideration is shown in its role of an argumentative tool rather than a strictly anthropological concept. The scientific endeavor of Scandinavian legal realists is explained as a radical opposition to the older legal theory. The idea of magic served Olivecronа ultimately to emphasize the importance of legal psychology for legal thinking and to present legal force as the belief in the binding nature of a rule.

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ЕТИЧНИТЕ КОМИСИИ ПРИ НАУЧНИТЕ МЕДИЦИНСКИ ИЗСЛЕДВАНИЯ ВЪРХУ ХОРА – МЕЖДУНАРОДНОПРАВНИ АСПЕКТИ

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2020

The subject of analysis is the international legal regulation of the activity of the ethics committees of scientific medical research with human beings. The focus of the analysis is on The Declaration of Helsinki of the World Medical Association on Ethical Principles in Human Clinical Trials (of 1964), The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the so-called Oviedo Convention) and The Additional Protocol of 2005 to the Convention on Human Rights and Biomedicine on Biomedical Research.

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TRADITION DU DROIT ROMAIN EN TERMINOLOGIE JURIDIQUE

Author(s): Tihomir Rachev / Language(s): French Issue: 2/2020

Roman law influenced the continental European legal systems not only by the reception of fundamental institutes, but also by the reception of basic legal terminology. Most of the Latin legal terminology is common to the European languages, which is an advantage for the legal education and the practice of the international institutions, issuing their acts in different languages. Being in use out of the context of Roman law, some of the Latin terms received different meaning. Thus in modern times some of the Latin terms are used in very different sense. This scientific report is aimed to examine some of the Latin terms both in public and in private law by comparing their original and their modern meaning in the context of the Roman legal tradition.

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АPPELLATIONEM SUSCIPERE – ДИСКРЕЦИЯ И ФОРМАЛИЗЪМ В ПРОИЗВОДСТВОТО ПО ДОПУСКАНЕ НА ОБЖАЛВАНЕТО В РИМСКОТО И В СЪВРЕМЕННОТО БЪЛГАРСКО ПРАВО

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2020

The article concerns a formal and discretionary powers of iudex a quo and iudex ad quem in the procedure of the admission of appellatio in Roman law and contemporary bulgarian law. In Roman law the iudex a quo also has some discretion in this procedure-contrary to contemporary civil procedure in Bulgaria. Discretion is granted implicitly only in favor of the Supreme Court.

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CONTRAHERE OBLIGATIONEM В КЛАСИЧЕСКОТО РИМСКО ПРАВО

Author(s): Adolfo Wegmann Stockebrand / Language(s): Bulgarian Issue: 1/2021

This paper intends to demonstrate that it is a mistake to equate the Latin syntagm contrahere obligationem to the modern idea of concluding a contract, phenomenon that entails the formation of a false retrospective construction due to the anachronistic use of a modern dogmatic concept applied to the Roman legal experience. In classical Roman law, the phrase contrahere obligationem referred to the lawful and specific activity carried out by an agent in order to give rise to an obligation, meaning, regarding him, the causa obligationum.

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EMPHYTEUSEOS CONTRACTUS

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2021

The article presents the emphyteuseos contractus and the legal framework of emphyteusis in the Justinian Code (CJ 4.66. De emphyteutico iure) and in the Justinian Institutions (IJ. 3.24.3). It is the founding title of the emphyteusis as a result of a long evolution of this agrarian practice, but also the basis for the vitality of the emphyteusis in the Middle Ages and its application today.

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РАЗМИСЛИ ВЪРХУ ПОНЯТИЕТО DAMNUM: DAMNUM И ВРЕДА, ИСТОРИЯТА НА ДВАМА „ФАЛШИВИ СРОДНИЦИ?

Author(s): Jean-François Gerkens / Language(s): Bulgarian Issue: 1/2021

The article raises the question of two legal terms - harm (dommage in French) and damnum (in Latin): whether they are so-called in linguistics "false cognates"? If we look at the dictionaries of two modern languages, in such way are called words that are very similar in appearance but different in meaning. The interpretation of the difference in word formation and meaning can sometimes be explained by differences in the evolution of the two words, which could have a common etymological origin. The peculiarity of the case considered here is obvious in the fact that one word originates from another and it is not a question of parallel development. The question also arises as to whether the evolution of the word has given it a new meaning different than that which it had in Latin. The purpose of this brief research is not a philological or an etymological study of the subject, but to examine whether every time the Roman jurists speak of damnum it necessarily corresponds to the concept of harm (dommage) in the French language.

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НЯКОИ ДИАХРОНИЧНИ ОТРАЖЕНИЯ НА ДЕФИНИЦИЯТА ЗА ДОГОВОРНАТА ИЗМАМА В РИМСКОТО ПРАВО

Author(s): Emmanuelle Chevreaux / Language(s): Bulgarian Issue: 1/2021

The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.

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SCIENTIFIC CONSUBSTANCIAL VALUES TO THE LEGAL DOGMATIC AND THE THEORY OF LEGAL BUSINESS

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2021

With a critical and renovating spirit, the author is firmly convinced of the value of the theory of the legal business, both for its usefulness to form the mind of the new jurists, as well as that of the romanist as the mercantilist and the civilist. The study focuses on an analysis and a critical review of the doctrinal generalities and the specific points of our romanistic science, including some reflections on the new doctrinal currents that allow us to extract the most outstanding scientific profiles of the so-called legal business. We will make a brief commentary on the I. General presuppositions. II. Concept of Legal Business. III. Brief reference to the essential elements. IV. Utility, justifications, and recognition of the scientific values inherent to legal dogmatics and the Theory of the Legal Business. V. Doctrinal postulates on the legal business. VI. Nuances and conclusive convergences. Historical-critical method. Historical-dogmatic method. From the dogma of the autonomy of the will, to the dogma of Betti's prescriptive declaration.

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THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE IN EUROPEAN MARE NOSTRUM

Author(s): Vlad Vieriu / Language(s): English Issue: 2/2021

Beneath the surface of our seas there is another world and an entire page of European history. Despite natural factors, the sea might be one of the best and safest environments for both natural and cultural heritage. New advanced technologies allow us to discover and salvage these ancient treasures in a relatively new suite of efforts. This year we celebrate the 20th anniversary of the Convention on the Protection of the Underwater Cultural Heritage, adopted during the UNESCO's General Conference in 2001, a moment for millennia of our common memory, but also, a remarkable example of common effort in international law.

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Yogyakarta Spatial Planning:

Author(s): Dinda Miftahurrohmah,Nadia Fitri Wijayaningsih,Muhammad Iqbal / Language(s): English Issue: 01/2022

In making spatial planning rules in the Special Region of Yogyakarta, the Regional Regulation (perdais) on Spatial Planning refers to Law No. 26 of 2007 on national spatial planning and DIY Provincial Regulation No. 2 of 2010 concerning the RTRW of DIY Province 2009-2029. The establishment of special rules regarding Spatial Planning of Sultanate Land and Duchy Lands is regulated in Special Regional Regulation No. 2 of 2017 concerning Spatial Planning of Sultanate Land and Duchy Land. This rule governs privileges in spatial planning, especially spatial planning related to Sultanate land and Duchy lands found throughout the DIY region. In addition, this regulation also regulates the spatial functions of the Sultanate and Duchy lands aimed at the maximum for the development of culture, social interests, and public welfare. The concept of spatial planning developed in the Perdais on Spatial Planning of the Sultanate and Duchy Lands is cultural, spatial planning, which is not the same as the spatial concept in western literature, which has been the reference for spatial planning. In-Law number 13 of 2012, it is explicitly stated that spatial planning in the Perdais is directly related to the land of the Sultanate and Duchy. But in the concept of thinking, the idea's substance covers the spatial planning of the DIY region comprehensively. It is directed to not conflict with the national spatial layout and the essence of DIY privilege.

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HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2022

In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.

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НЕИМУЩЕСТВЕНИ АВТОРСКИ ПРАВА. ПРАВО НА ЗАПАЗВАНЕ ЦЕЛОСТТА НА ПРОИЗВЕДЕНИЕТО

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 1/2022

This article examines issues related to the legal nature of intangible assets, the nature and content of exclusive law as a subjective absolute civil right. The content of copyright as a set of property and non-property rights is clarified and a comparison is made between the anglo-american and continental understanding of copyright. The personal inalienable and alienable rights of the author are analyzed. Special attention is paid to the author's right to demand preservation of the integrity of the work and the consequences of its violation. They are considered features of this right and its exercise in the works created in the conditions of labor relations and by order. They have been studied issues related to the protection of the right to integrity and the determination of compensation.

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КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2022

The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.

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THE IMPACT OF ILLEGAL TRAFFICKING OF MIGRANTS IN THE EUROPEAN UNION

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THE IMPACT OF ILLEGAL TRAFFICKING OF MIGRANTS IN THE EUROPEAN UNION

Author(s): Costin David,Andreea Dragomir / Language(s): English Issue: 2/2022

The article aims to investigate the impact of the migration phenomenon in the European Union (EU). It briefly examines the concept of smuggling of migrants and the main routes of illegal migration as well as the measures adopted by the EU institutions, in view of the priorities set by the EU institutions and the Member States, to step up efforts to establish an effective, humanitarian, and safe European migration policy. The article also pays particular attention to the illegal nature of this phenomenon and highlights the multiple and far-reaching implications of the activities surrounding illegal migration which generate and reinforce numerous other criminal activities.

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SOME CONSIDERATIONS ON HOW HUMAN SECURITY HAS BEEN AFFECTED BY THE COVID-19 PANDEMIC, WHICH HAS BROKEN HUMAN LIFE, FREEDOM, AND DIGNITY (PART I)

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SOME CONSIDERATIONS ON HOW HUMAN SECURITY HAS BEEN AFFECTED BY THE COVID-19 PANDEMIC, WHICH HAS BROKEN HUMAN LIFE, FREEDOM, AND DIGNITY (PART I)

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: 2/2022

Today we are experiencing a deep crisis in society, accentuated by the pandemic with this Coronavirus, but chronicled and accentuated by the gloomy prospects after the end of the plague. What is happening is not at all proof of the lucidity of the world, no testimony of solidarity, and no proof of vigilance in the service of universal values. What is happening is simply evidence of gross manipulation, produced against the background of the lack of education and culture of the population. Everyone who goes to a serious school and accumulates enough knowledge of general culture - not necessarily historical - knows that each historical epoch has its own values and prejudices. Many times, what had been perfectly moral and legal in the past had become immoral and illegal in newer times. Of course, over time things have changed gradually, in stages and now the pandemic, artificially created and premeditated, has profoundly affected human security with the immediate consequence of altering life, dignity, rights, and fundamental freedoms, the rule of law being on the verge of dissolution. How did you get here and what to do, here are the questions that this study is trying to answer.

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SERVUS VILICUS AS INSTITOR

Author(s): Mirjana Miškić / Language(s): English Issue: 2/2022

Servus vilicus was slave placed at the head of a Roman villa rustica. The main sources in which we learn about the content of the duties and the powers of the vilicus are provided by Columella, De re rustica, I.8, XI.1, and XII.1, Varro, De re rustica, I. and the Cato, De agri cultura, CXLII–CXLIII. Having in mind that legal framework of his occupation is pretty unknown, it is justified to ask a question: was he (or maybe she) the institor? In the Digest, we find only the incidental remark that anyone appointed to cultivate the land may be considered as an institor (D.14.3.5.2). In addition, the institor was primarily engaged in trade, while the vilicus performed a wide range of the work. Beside that fact, vilicus was not exclusively engaged in agriculture, but also in some state services, which makes this notion even more complex and contradictory. However, the main question remains to be answered, whether the servus vilicus was a person who also legally obliged his master or his job was reduced to the actual management of the property?

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LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

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IL CULTO DI AUGUSTO- QUIRINUS NELLE PROVINCE

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2022

After the military victory and the conquest of the whole Empire, Augustus renforced his power through a large religious programm, to show that not only men, but also the gods were now in peace and all together engaged to ensure the glory of Rome. He presented himself as the new conditor, after Romulus, and had the idea to call himself Romulus or Quirinus (the divine transfiguration of the first king). An official cult of the emperor did not rise, for political caution, and in the several provinces, the consideration of the princeps took different forms. In some of the Eastern provinces people were allowed to look at him as a god, but generally, he had a different role: he was more powerful than a simple god.

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