Miriam Gassner: The Distaff Side? – Hans Kelsen’s Viennese Female Students

The paper aims at shedding light on the role played by female scholars within the „Vienna School“ in the 1920s in general and in the development of Kelsen's Pure Theory of Law in particular. In addition to the question of who the women were belonging to the Vienna Kelsen Circle, the essay explores the question of whether their contribution was underestimated because of their gender.

Keywords

Vienna School; Hans Kelsen; Pure Theory of Law; Adolf Merkl; Alfred Verdross; Elisabeth Ephrussi; Friedrike Mann (Fleischer); Margit Kraft-Fuchs; Henda Silberpfennig (Helen Silving); Gisela Rohatyn; Rose Rand.

Detlev Fischer: Karlsruhe – Residenz des Rechts

On 26 July 1950, the German Bundestag finally decided in an animated session, to move the seat of the new Federal Court of Justice (the Court of Justice for Civil and Criminal Matters) to Karlsruhe. This decision by the legislature was the founding act for Karlsruhe, the former state capital of Baden, to become the seat of law. With the law of 4 May 1951, the Bundestag then also designated Karlsruhe as the (provisional) seat of the Federal Constitutional Court. The article sheds light on this process and then highlights key decisions and personalities to show the development of Karlsruhe as the seat of the Federal Constitutional Court, the Feder-al Court of Justice and the Federal Public Prosecutor‘s Office with a focus on the first three decades.

Keywords

Federal Court of Justice; Federal Constitutional Court; Federal Public Prosecutor General; seat oft the Courts; court key decisions; development oft the law by judges; Karlsruhe; Germany.

Carlos Sardinha: Die letzte Periode der rצmischen Verfassungsgeschichte: Das spהtrצmische Reich und der Dominat oder Periode der Absoluten Monarchie

One of the aspects that caracterizes the period of the so-called Dominate (Dominatus) or Absolute Monarchy is the fact that the imperial power makes use of religion to legitimize itself. From another perspective, changes in the organization of the Imperial Chancery took place that reflect the reality of an absolute monarchy of divine right supported by a complex bureaucracy and a strong army, with important impact on the tax system. An exponential price increase characterizes the crisis of the 3rd century AD from Aurelian onwards and justifies Diocletian’s despotism on economic issues. Characteristic of this epoch is an Imperial Government formed by several Emperors at the same time. A system of Imperial Tetrarchy was thus established. The radical change in the imperial policy concerning Christianity took place under Emperor Constantine. After the Milan Agreement (313 AD), Constantine assumed himself more and more as the protector of the Church, collaborating with the Bishops in their fight against heresy and legislating favourably towards Christianity. The definitive division of the Empire into two took place after the death of Emperor Theodosius I, Augustus in the East between 379 and 394 AD, only Emperor in 394/395 AD, with two Emperors, one in the Eastern Roman Empire, the other in the Western Roman Empire. The so-called Barbarian Invasions, that is, the assault of several Germanic tribes and tribal groups on Roman territory in the 5th century has caused the fall of the Western Roman Empire. Yet the Eastern Half of the Empire continued to exist. In the 5th century the Western Roman State underwent a gradual disintegration. The conclusion of foedera, that is, treaties with Non-Roman Barbarian Groups which contained a right to settle on the territory of the Roman Empire, were instruments of power, to which the weakened Roman Emperors resorted in order to be able to continue to assert their claim to sovereignty over the territory of the Roman Empire. For other reasons, too, the authority of the Roman emperors came under scrutiny. The spread of the so-called patronage in both the Eastern and Western Roman Empires means, for example, that prominent personalities such as imperial officials and large landowners maintain private armies (e.g.: buccellarii) that act in their own interest and are not in the service of the common good. Especially after the reign of Majorian (457-461 AD), the disintegration of the Western Roman State could no longer be stopped.

Keywords

Dominate; Tetrarchy; Christianity; despotism; division; Barbarian invasions; foedera; patronage.

Carmen Lבzaro Guillamףn: Women and Criminal Law in the Furs de Valencia of King James I (1208 – 1276)

One of my principal lines of research concerns the way Roman Law was reinterpreted by jurists of the ius commune, together with the study of this process in historical Valencian regional law. This strand coincides with another important line of my research work: the study and analysis of the legal position of women in history. As a link between these two approaches, this study is intended to analyse the texts relating to criminal law in the Furs de Valencia of James I (Jaume I) of Aragon insofar as they concern women and the female context. This exegetical methodology will be used to determine the extent to which the sources of Roman Law and the ius commune were received in the texts of the Furs. Theory will also be developed on the reasons for the presumed lack of direct reception of those sources in this area, despite the fact that the Furs form one of the most Romanised medieval law codes.

Keywords

woman; Furs de Valencia; Roman Law; ius commune; criminal law; James I of Aragon; female crimes.

Konrad Graczyk: Postwar Convictions of Nazi Judges and Prosecutors for Their Activities in the Occupied Polish Territories (1939 – 1945)

This article is a synthetic summary of the previous research on individual cases of postwar criminal conviction for activities, in the occupied Polish areas, of lawyers of the Third Reich (judges and prosecutors). The main axis of the considerations is formed by instances of prosecution before Polish courts, however, analysis is carried out against the background of three normative models specified in literature, based on: the Nuremberg judgment, West German doctrine and Radbruch formula, and East German judicial practice. In this context, the author attempts to answer the question if, on the basis of Polish legislation and Polish judicial practice, a fourth – Polish – model can be distinguished.

Keywords

judiciary; criminal liability; judge; prosecutor; occupation; Third Reich.

Micha³ Gl�ck: Equality of Rights in the Work of the Codification Commission of the Republic of Poland on Drafts of Matrimonial Property Law

The Codification Commission of the Republic of Poland was set up in 1919 to unify and codify the legal system. At the time, the legal systems of the partitioning states were in force in the Polish lands, which definitely hampered the work of the Commission. It applied to all branches of law, including matrimonial property law. The preparation of uniform provisions of matrimonial property law was not the only challenge for the Commission members drafting that section. The inter-war period was a time of many social changes in the context of equality in both Poland and Europe. In 1920, the Eighth Conference of the International Woman Suffrage Alliance, which adopted resolutions on the equality of matrimonial property regimes, was held in Geneva. As a result, the Codification Commission sought to unify the system of matrimonial property law and adapt it adequately to the changes occurring at the time. In 1920-1939, the work on draft matrimonial property law was carried out by two rapporteurs: W. L. Jaworski and K. Lutostaסski, who submitted in total four versions of the draft matrimonial property law. The deliberations of the Civil Law Section, subsequently the matrimonial property law sub-commission, over equality issues in draft laws frequently proceeded in a dynamic manner. This fact definitely had an impact on the work on the draft law and the adequate introduction of the value of gender egalitarianism to the prepared matrimonial property law. This article aims to show the work of the Commission on the draft laws, taking into account the context of equality and changes affecting the content of the prepared provisions.

Keywords

Equality; gender egalitarianism; Codification Commission of the Republic of Poland; matrimonial property law sub-commission; matrimonial property relations.

Adriana �vecovב, Peter Gergel: Die R�ckfallerbfolge als ewiger Evergreen der gesetzlichen Erbfolge aus rechtshistorischer und linguistischer Sicht im geltenden Recht in der Slowakei bis 1950

The study will present the legal basis of the institution of branch inheritance and its primary problems in the application (judicial) practice of Hungarian dualism and I. Czechoslovak Republic. It will also look at the de lege ferenda proposals – Teleszky's 1882 draft law of inheritance, reworked into the government's 1887 draft law of inheritance, the 1900 draft of the 1st Hungarian General Civil Code, and the government's 1933 to 1937 draft laws on branch succession. The draft Czechoslovak legislation was intended only as a temporary solution to the special (sui generis) legal inheritance of inherited property for the inheritance law in force in Slovakia and Subcarpathian Rus. The then Hungarian and Czechoslovak legal scholarship and practice, when repeatedly considering branch inheritance, was based on its acceptable preservation and therefore until the adoption of the first socialist Civil Code (1950) branch inheritance remained a part of the bourgeois inheritance law in Slovakia.

Keywords

legal inheritance; branch inheritance; ancestors; collateral relatives; branch (inherited) property and its value; Provisional Court Rules; Hungary; first Czechoslovak Republic.

Ondרej Horבk, Bence Zsolt Kovבcs: Die Rolle des ungarischen Zivilrechts bei der Rechtsvereinheitlichung in der Tschechoslowakei in den Jahren 1918–1948 (unter besonderer Ber�cksichtigung des Erbrechts)

The Paper deals with the importance of the Slovak influence (the role of Hungarian law and Slovak commissions) in the and recodification of civil law in Czechoslovakia for the time period 1918-1948 using the example of inheritance law. Firstly, different approaches in private law legislation after 1918 are presented (discontinuity, compromise, continuity with Hungarian law, continuity with Austrian law). Secondly, attention is paid to the inspiration of Slovak (Hungarian) law in the course of the recodification of inheritance law, which together with family law was one of the areas differing the most in the Czech lands and Slovakia, while receiving the most attention in the literature of the time and compared to other areas of civil law, which also influenced the further legal development the most significantly (Slovak law, the preparation of the Civil Code of 1950, the interwar curricula of 1931 and 1936/37, as well as the preparation of the Civil Code of 2012). In particular, the issues discussed in the so-called Slovak commissions (the Commission for the Civil Law established in Bratislava in 1922 and partly also the Commission under the Justice Commission for the Codification and Unification of Civil Law established in 1946), such as the acquisition of inheritance, incapacity to inherit (crime against the testator, the status of members of religious orders, adulterers and deserters), waiver of the right of inheritance, oral will, testamentary succession, protection of the surviving wife, extraordinary right of inheritance of legatees, determining the value of the gift by collation, transfer of the testator's debts, contract of inheritance, war will, annulment of last will and testament and protection of illegitimate children. The ABGB was chosen as the basis for the recodification, which was only to be modernised (mainly the codification of Austrian law, its applicability to the majority of the population of the new state and its familiarity with Slovak lawyers were the reasons given for the preference of Austrian law), however, the law in force in Slovakia and Carpathian Ruthenia was also to be taken into account. However, the reality was different, and the comments of the Slovak Commissions were only marginally taken into account. The dismissive attitude towards Slovak law and, indirectly, towards Slovak lawyers was also one of the reasons why only partial unification took place in the interwar era and the Civil Code was not adopted in the end. Comprehensive unification of private law, which followed the interwar recodification (albeit to a limited extend), only took place after the communist overturn within the framework of the so-called legal biennium from 1948 to 1950, which took real account of the Slovak legal situation.

Keywords

Unification; Recodification; Civil Law; Inheritance Law; Hungarian Law.

Istvבn Lבszlף Mיszבros: Elements Establishing the Principle of the Rule of Law in the Vetus Testamentum and the Novum Testamentum

Our study undertakes to explore the Old and New Testament roots of the rule of law. It shows that the roots go back to the Mosaic laws and the organization of the ancient Jewish state based on them, an ancient state based primarily on laws. It points out that from the aspect of state and legal theory, the uniqueness of the Mosaic laws lay in the presentation of the supremacy and primacy of the law. This principle was reflected in the fact that no one, neither the king nor any leaders, could set themselves above the law. In addition, according to the specific laws concerning Israel’s kings, the exercise of royal power was even more confined within the framework of the law. We argue that the principle of governance bound by law is part of the social teaching of both the Old and the New Testaments. All of this – in interaction with the related elements of ancient Greek-Roman political philosophy – played a prominent role in the fact that it was the Judeo-Christian culture where the idea of the rule of law spread and became the basic principle of the political and legal system of the states belonging to this circle.

Keywords

Mosaic Law; Torah; Decalogue; the Law of the King in Deuteronomy; the Torah of the King; Lex Rex; rule of law; Rechtsstaat.

Pיter Bףnis: War of Conquest and Defensive War in the Hungarian Thirteenth Century Legislation and the European Ius Commune

There are some provisions on the vassal’s obligation to respond to the king’s call to arms in the 13th century Hungarian legislation. In this paper we aim to compare the Hungarian legislation with the European ius commune on this subject, and we try to elucidate which were the sources of the Hungarian legislation in this regard. However, since these provisions are closely linked to the concept of just war, we look at what was considered a just war in the Middle Ages and what the implications of this classification were for the obligations of the vassals. After thorough analysis of the sources, the author made the cautious assumption that the Summa iuris feudorum of Jacobus de Ardizone was presumably the most important source of the Hungarian legislation on this issue of the feudal law.

Keywords

Feudal law; defensive war; conquest; just war; ius commune; Hungarian Golden Bull; medieval law.

Andrבs Biczף: „Die doppelgesichtigen Gerichte“ – Einige charakteristische Merkmale der neuen untergeordneten Gerichte (iudicia subalterna) in Ungarn und Siebenb�rgen (1787 – 1790)

In 1785, Joseph II set out to introduce “a new judicial order” (Novus ordo iudiciarius) in the Kingdom of Hungary and its neighbouring lands (Regnum Hungariae partes et eiusdem adnexas), as well as the Grand Principality of Transylvania (Magnus Principatus Transilvaniae). As a result of the Emperor’s comprehensive and rapid judicial reform, which went against the historical constitution of the country and was therefore opposed by Hungarian and Transylvanian estates, new subordinate or subaltern (first-instance) courts (iudicia subalterna) were established in Hungary and Transylvania. On 1 September 1787, 38 courts in the Kingdom of Hungary and its neighbouring lands and 11 courts in the Grand Principality of Transylvania officially had to start their operation. The new judicial bodies took over the place of the former country courts (sedes iudiciariae i. e., sedriae), which were terminated on 31 August 1787. Although the iudicia subalterna were “short-lived” because the entire judicial system known as Novus ordo or Justitia Josephina collapsed in 1790, shortly after the death of Joseph II, the more in-depth examination of the josefinist first-instance courts is still considered a research field that has not been fully explored yet. However, the new judicial reform removed the sedriae, in fact, the distinction between iudicia subalterna and sedriae was not as sharp as it appeared, at first glance, from the rules related to the new first-instance courts. By analyzing archival sources of some iudicia subalterna and relevant secondary literature, the paper aims to shed light on the dual nature of these courts. The research uses the term “two-faced” to describe how the dividing line between iudicia subalterna and sedriae, royal court and municipal court, politica and iuridica could become blurred in Novus ordo. To illustrate this phenomenon, the paper primarily relies on the general concepts applied in studies that focus on the history of the court system and it uses the various names of the iudicia subalterna as a guideline.

Keywords

Joseph II.; Novus ordo iudiciarius; iudicium subalternum; sedria; court system.

Zsolt Pfeffer: From Banknotes to Central Banks. The Formation and Models of Central Banks in a Comparative Legal Perspective

In the 17-18th century, during the process of civil transformations, starting from the economic policy based on the era of absolutism, the first central bank regulations appeared in Europe. Mainly the disorganization and crisis of public finances and the need to finance various wars led governments to establish central banks and to provide central banking functions to privately owned banks. The most important issues included the regulation of banknote issuance and legal tender, the management of state funds, the financing of the state debt, as well as the relationship with the state, in other words, the content of central bank independence. Each country followed different paths, and accordingly, the classic and the Prussian models of central bank development can be described based on the different legislative steps. The study presents the main characteristics through the English, German, French, American and Hungarian examples, primarily by characterizing the legislative peculiarities and illuminating the political historical background by applying the methods of comparative law.

Keywords

central bank; models of the formation of central banks; central bank independence; history of central banking; Bank of England; Reichsbank; Banque de France; Federal Reserve System; Bank War; Central Bank of Hungary.

Gergely Gosztonyi: Freedoms in the Hungarian April Laws of 1848

The French Revolution and the changes in Europe in the first half of the 19th century increasingly called into question the caste order, under which only a small percentage of society could enjoy freedoms, including not only political but also private and criminal rights. Based on Western European ideas followed by the legal fight of brave Hungarians, in 1848, Hungary almost got its constitution in the form of 31 Acts, called the Hungarian April Laws. Among others, those Acts consisted of the issues of equality of rights, political rights, freedom of the press, freedom of religion and academic freedom. Freedoms that, after the Austro-Hungarian Compromise, the Hungarian Parliament went back to and built a reform era on.

Keywords

Hungary; April Laws; 1848; equality of rights; political rights; freedom of the press; freedom of religion; academic freedom.

Kristףf Szivףs: Die Rolle der Prozessaufnahmeverhandlung der ersten ungarischen Zivilprozessordnung

The first Hungarian code of civil procedure (Act I of 1911) introduced a new structure in civil litigation. The first instance proceeding consisted of two types of hearing: the preparatory hearing and the main hearing. The study examines the role of the preparatory hearing, which had a sole aim, the foundation of the procedure. The main acts of the parties are therefore examined: the presentation of the claim and the defence of the defendant. The possibilities of the defendant are more emphasised since he had more possibilities in the preparatory hearing against the claim of the plaintiff. The topics of the study are examined through fragments from the judicial practice.

Keywords

claim; defence on the merit; formal defence; preparatory hearing; structure of the procedure; Hungary.

Andrבs Tיglבsi: Historical Development of the Constitutional Social Rights in the Hungarian Constitutional System in the 20th Century

The paper introduces the emergence, development of the constitutional social rights, and gives a historical overview to these rights in the 20th century. The aim of the paper is to show when the social idea and the appearance of social rights in the constitution began in the Hungarian constitutional system. However, according to the Hungarian legal literature, the first constitutional declaration of social rights in Hungary took place with the adoption of the 1949 constitution (Act XX of 1949), but as a result of my research I will show that in fact social provisions can be found in Article 6 of the so-called final Constitution of the Hungarian Soviet Republic. The paper shows how social provisions appeared in the so-called minor constitution of 1946, and then describes the social law provisions of the socialist constitution of 1949. The paper also shows how the social provisions of the 1949 Hungarian People's Republic Constitution changed between 1949 and 1989, and then describes in detail the changes in the social provisions of the Hungarian Constitution as a result of the political transition in 1989. The paper concludes with a description of the historical development of social rights in the 1989 constitution of the Hungarian People's Republic, without going into the new Fundamental Law in force in 2012.

Keywords

social rights; constitution; right to social security; historical overview; Hungarian constitution; socialist constitution; Hungary.

Jףzsef Pallo: Military Criminal Sanctions and the Peculiarities Related to their Execution in Hungary (1930 – 1948)

The goal of the author is to investigate a slightly obscure topic: the practice of interwar military justice in Hungary and its related questions, with an emphasis on matters concerning the peculiarities on how to implement them. The bill – which came into effect in 1930 – was born amidst uncommon historical conditions, since the Trianon Peace Treaty basically degraded Hungary into a quasi-numb entity. It is without a doubt that the decade-long consolidation – and its achievements – that came after can be regarded as one of the most prominently successful periods of the era’s political history. The historical pressure, the necessity of being able to defend ourselves along with the importance of national security demanded that our army remained intact, despite the prohibitions that surrounded its existence. This called for ensuring that the legal environment was modernized enough to be capable of supporting this goal. The system of regulations inherited from the Austro-Hungarian monarchy was subjected to scrutiny and as a result ended up as a state-of-the art framework that even surpassed the European standards it aimed to match. This paper, putting emphasis on the most important dogmatic junctions, will further review these regulations – substantive or procedural contents alike –. After a brief diversion towards taking a glimpse into the historical situation, we will introduce the system of sanctions and punishments pertaining to military personnel, and proceed with the regulations related to their implementation, which in turn will offer a glimpse into the contemporary philosophy that surrounded military justice and procedure. In accordance, further regulations containing provisions regarding infrastructure, personnel, accommodation, and institution security in general would emerge. The author of the article provides a summary of the most important current relevant legal provisions. It touches upon the military justice system and its subsystems, introduces the more substantive procedural rules, and concludes with an argument on practical implementation. It will also raise the theoretical question on a future independent regulation which would take place in accordance with the reforms of the Hungarian military and the national strategy on defense.

Keywords

criminal law; military justice; law and enforcement; criminal philosophy; military criminal proceedings; deprivation of liberty; implementation; sentence execution; infrastructure; national security.

Balבzs Sallai: Service Pragmatics as a Tool for State Crisis Management Examples from German, French, Austrian and Hungarian Legal History

The nation-states of 19th and 20th century Europe often created, or at least tried to create, so-called service pragmatics, that incorporated the most important issues of public service law, such as the rights and duties of officials. In many cases, the codification processes were preceded by a kind of struggle, as the civil servants involved tried to apply the code, that conflicted with the government's interests on several points. It also happened, however, that the interests of the government dictated the codification, for example in some crisis period of state life, when such a code of laws was hoped for restabilization. This study also focuses on the latter phenomenon, in which, through some successful or unsuccessful examples, I try to shed light on how the codification of service pragmatics can be used as a tool for state crisis management.

Keywords

service pragmatics; civil service; codification; state crisis; bureaucracy; Hungary; Germany; Austria; France.

Szilvia Kצbel: Neutral State, Christian State. Reflections on the 7th (2018) and 9th (2020) Amendment of the Fundamental Law of Hungary with Historical Context

The Hungarian parliament ratified the Fundamental Law of Hungary on the 25th of April 2011, and adopted a new church policy the very same year: Act CCVI of 2011 on the right to freedom of conscience and religion and the legal status of churches, denominations and religious communities, also knowns as the Ecclesiastical Act, short: EHTV. The preamble of the Fundamental Law refers to the Christian traditions of Hungary and the role Christianity played in binding the nation together. The in-effect preamble of the EHTV declares the ideological neutrality of the state and establishes four different legal classifications and rules for religious communities. In 2018 (7th amendment), Article R) of the Fundamental Law was expanded by some paragraphs. The terms “Christianity” and “creation” (genesis) were newly introduced into the Fundamental Law only through the amendments. In my study I wish to talk in the context of historical lineage about the 7th and 9th amendments, and their relevancy to fundamental rights in the jurisprudential (legal theory and practice) context of a neutral or Christian state.

Keywords

Fundamental Law of Hungary; Ecclesiastical Ac; State Church; Historical Eras; Reformation; Catholicism; Dualism; Interbellum; 1989 Regime Change; Ideological Neutrality; Christianity; National Avowal; Hungary.

Jakub �vec: On the Historical Development of Lex Naturalis and Ius Naturale in the Context of Contract Theories of the Selected Authors of Early Liberalism

As early as within the ancient period and the emergence of the Roman law and then also in the Middle Ages, the contract theory played an important role in establishing order. Contractualism has assumed great importance in the milieu of Christianity, Islam, and Judaism. It was primarily concerned with agreements that were intended to secure the covenants of people with God and took on the character of a normative contract as a source of law. In the field of state and law, the influence of contract theories asserted itself particularly on the threshold of the modern period in the context of the development of liberalism in its early forms. Contract theories emerge in this period in a dominant part of writers of the early liberalism, with the central motivation being to secure the protection of an individual against the arbitrary will of another individual or authority of any kind. The basic motivation of contract theories became the objective to establish a sovereign in the state. Such process of choice is accompanied by a legally unstable state of nature, which is characterized by the existence of the lex naturalis (natural law) and ius naturale (natural right). This article deals with the definition, analysis, and comparison of the concepts of natural law and natural right in the context of the three most relevant thinkers of the given period, Jean Jacques Rousseau, Thomas Hobbes, and John Locke. The aim of this paper is to highlight overlaps and differences in the way of discussing these concepts, which at the time formed the basis of what we now call the statecraft. In addition, the text is also enriched by author's criticism and analyses of problematic or content-inconsistent passages in the philosophy of individual authors.

Keywords

liberalism; ius naturale; lex naturalis; contract theories; state of natural; general will; freedom of individual.

Tomב� Mach: Legal History and the Development of Rights of Inhabitants of the West Bank since 1948 pursuant to International Law

The pieces discuss the legal nature of the West Bank since 1948. It summarizes the history of the Territory since the British Conquest from the Ottoman Empire in 1917 up till the 1994 Israel-Jordan peace treaty. Furthermore, the it discusses the nature and development of the right to self-determination, ultimately arguing that the West Bank is currently terra nullius under Israeli occupation and that (leaving aside wishful thinking of different streams in international relations) under pure principles of customary international law there is no such think as Palestine, at least not in the territory of the West Bank.

Keywords

terra nullius; self-determination; statehood; territorium nullius; West Bank.

Jiרם Bםl‎: The Role of Democratic Law and Theory of Society in the Work of J. A. Schumpeter. To the 140th Anniversary of Birth of Worlds Famous Economist, Lawyer, Historian, Politician, Social Philosopher and Humanist

The article called Marking the 140th anniversary of prof. Dr. J. A. Schumpeter?s birth. The author describes Schumpeter?s scientific works his opinion on Marx?s theories of capitalism, as well as the deep humanism of this extraordinary man, reflected in his attitude towards the people of lower status in general. The article talks about Schumpeter?s theories on the role law in the case with the interplay between law and economy, the interrelationship between law and politics. In the context of democratic society, law appears as one of the most central mechanism to ensure that the participation of the populace in a state?s governance, as well as the outcome of government in the form of legislative decisions, abide by standards of democracy.

Keywords

jurisprudence; balance of values; norm; integration; crisis; tax cycles.

Renי Brouwer: Law and Philosophy in the Late Roman Republic

Wolfram Buchwitz, Matthias Ehmer (eds.): Ciceros Topica und sein Programm De iure civili in artem redigendo

Balבzs Landi: A jogellenessיg eszme- יs forrבstצrtיnete a magyar magבnjogban

Reiner Mצckelmann: Transit Istanbul – Palהstina. Juden auf der Flucht aus S�dosteuropa

Susanne Lang (Hg.): Jesuiten am Oberrhein

Dieter Miosge: Leipziger Reichsrichter j�discher Herkunft

Rainer Walther: Gesetzliche und vertragliche Eskalationsmodelle im privatrechtlichen Bauwesen (Bauvertrag)

Peter Florian Eder: Rechtskonformes postakquisitorisches Vorstandshandeln mit Fallbeispielen aus der Unternehmenspraxis

Christian Baldus: Mצglichkeiten eines Moments. Zum Handbuch des Rצmischen Privatrechts

Zala Brecelj, Teja Benטiט, Neli Dobnikar Klepec, Izabela Franetiט, Domen Bogdan: Report from the International Memorial Course Marko Petrak: Roman Legal Tradition and Contemporary Legal Systems

Thomas Gergen: Bemerkungen aus Landes- und Rechtsgeschichte zur Fotoausstellung „Glaubens- und Lebenswelt der Bergleute: Gl�ck auf, Gl�ck auf, den kreutzbraven Leut‘!“

Gabriele Schneider: Women as Judges and Public Prosecutors in Austria: A Historical Overview

In 1919, the studies of law opened for women in Austria. Nevertheless, women remained excluded from legal professions in the judiciary. It was a long and hard road until the first female judges were appointed in 1947 and the first female prosecutor in 1959. The article examines the legal framework and the factual conditions for women who aspired to professions in the judiciary. Furthermore, it provides short biographies of the pioneering women in these professions based on archival sources. Finally, the study outlines the development of female judges and public prosecutors in Austria until today.

Keywords

Austria; women in legal professions; study of law; judges; public prosecutors; 20th century; female pioneers; Johanna Kundmann; Gertrud Jaklin; Erika Meissl; Margareta Haimberger.

Jaromםr Tauchen: Die gelenkte Wirtschaft, ihre Rechtsgrundlage und ihr strafrechtlicher Schutz im Protektorat Bצhmen und Mהhren (1939 – 1945)

Immediately after the establishment of the Protectorate of Bohemia and Moravia, the government of the Protectorate began to enact legislation for the transition to a controlled economy, following the Reich model. Its nature varied, but at least two basic groups can be distinguished: legislation regulating the market and legislation regulating the rationing system. One of the main features controlled economy of the Protectorate was the freezing and control of prices, for which the Supreme Price Office was created. In practice, restrictions on the free sale of food, fuel and other commodities played a crucial role. At the same time, Czech-Moravian associations were created – they managed and controlled the production and distribution of food and other commodities, and some state functions were delegated to them. In course of the implementation of the controlled economy, essential management and control tasks were also delegated to the provincial and district authorities, which also prosecuted offences against maintenance economy and controlled economy. In the course of time, repression took hold, and the German special courts punished with all the vigour and severity they could, even in the case of Protectorate citizens, acts against economic regulations.

Keywords

Protectorate of Bohemia and Moravia; Third Reich; controlled economy; price controls; emergency courts; agriculture; food stamps; private law.

Andrew Watson: The Legal Education Revolution that Failed – Attempts to Establish a Legal University in Victorian Britain

Concern about the quality of legal education of solicitors and barristers in England led to the House of Commons Select Committee 1846, which recommended major reform, as did the Royal Commission of 1855: Both advocated a “College of Law” or “Legal University”, though not including solicitors’ articled clerks, who were to have their own “cognate” institution. Against this, the campaign in the 1870s, initially well supported, to establish a comprehensive “General School of Law” or “University of Law”, which would have amounted to a revolution in legal education in England, is described. Reasons are advanced for its failure and the consequences of this outlined. Speculation follows what might have been if the General School of Law/ University of Law had been established.

Keywords

England; Nineteenth Century; Professional Legal Education; “University of Law”.

Ivan Kosnica: Naturalisations in the Independent State of Croatia

The article addresses the issue of naturalisations as a way of acquisition of citizenship in the Independent State of Croatia. The research question we deal with in this paper relates to legal regulations and the practise of naturalisations. Since the topic is still not adequately researched, the article relies mainly on archival sources available in the Croatian National Archives and relevant legislation. The author analysed various aspects of naturalisations that were going on a central as well as on the local level.

Keywords

citizenship; nationality; naturalisation; Independent State of Croatia.

Aleksejs Jelisejevs: From Bona Fides to Laba Ticiba: Historical Interpretation of the Good Faith Principle in Latvian Law

This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of Latvian regulations. It is about the evolution of attitudes toward the principle of bona fides in modern legal science and case law, starting with its origins in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis through its application in the Western medieval ius commune and its continental renaissance in the early twentieth century, considering its limited position in the Code of Civil Laws of the Baltic Provinces to its triumph in Latvian civil law. This comparative historical study shows that a clear definition of good faith can be found through a system-historical interpretation of the good faith rule. This should help to determine the nature of subjective rights and obligations under any legal rule governing specific legal relationships.

Keywords

Bona fides; good faith; historical interpretation; Roman maxims; legal principles.

Jelena Nikטeviז: Development of Security Instruments of Maritime Loans on the Eastern Adriatic Coast, with Particular Reference to the Ordinance-Law on Property Rights on Ships and Maritime Liens from 1939

This work provides a chronological overview of the development of pledge rights in the shipping industry, with particular reference to the area of the Mediterranean i.e. the eastern Adriatic coast. The work elaborates the means of security of maritime loans, from foenus nauticum to hypotheque. A special emphasis has been put on the solutions provided by the Ordinance-law on Property Rights on Ships and Maritime Liens from 1939. This Ordinance was the first to introduce the institute of ship hypotheque as a favourable means of long-term lending in the shipping industry and as one of the basic prerequisites for its unobstructed development. The legal solutions from the Ordinance create a significant basis for the further upgrade of regulations in the field of pledge rights on ships and are a kind of predecessor of contemporary legislation in this field on the territory of the eastern Adriatic coast.

Keywords

Shipping industry; Security Instruments; Maritime Loan; Co-ownership of Ships; Ship Hypotheque; Ordinance-Law on Property Rights on Ships and Maritime Liens from 1939.

Zdeעka Stoklבskovב: Die Armenf�rsorge als Rechtsproblem in der ײsterreichischen Monarchie

This study examines the origin of legal tools for the creation of systematic poor relief in the Austrian monarchy from the period of Joseph II. It is possible to find a certain kind of legal protection for Austrian state citizens in Joseph’s Civil Code from 1786 and in the General Civil Code from 1811. The paper analyses the legal principles leading to the establishment of the home community principle for Austrian state citizens, which was essential for providing aid to the poor. Attention focuses on an interpretation of problematic legal terms such as “home settling” or “hהusliche Niederlassung“, the implementation of which was resolved in legal disputes between state authorities. The author discusses the decrees of the Supreme Court of Justice in Vienna from the last quarter of the 19th century which concerned disputes between municipalities relating to the reimbursement of the costs of poor relief.

Keywords

Poverty; Poor relief; the Supreme Court of Justice; the General Civil Code; 19. Century; Habsburg empire; History of Law; Social History.

Lenka �mםdovב Malבrovב: Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349

The first codification of church law in the territory of the historically Czech lands, known as the provincial statutes of Ernst of Pardubice (Statuta provinicialia Arnesti), was issued in 1349, with validity for the entire Prague archdiocese. The Statute applied not only to the clerical and lay population, but also to Jews, for whom special rules and restrictions applied. The regulation of the legal and social life of the Jewish population is explicitly dealt with in three provisions (Articles 66-68), which mainly regulate the contact of Jews with Christians and their rights and obligations in public. Many of these prohibitions and regulations are based on papal decrees approved by the ecumenical councils, the text of which was reflected in the Decretals of Gregory IX and subsequently in the Mainz Statutes of Peter of Aspelt of 1310. The roots of these restrictions, however, in most cases go back to antiquity. This concerns, for example, the prohibition on hiring Christian nurses, midwives and servants; Jews were also not allowed to participate in public life, to build new synagogues or to improve existing ones. These measures were introduced by the Roman Emperor Theodosius II as part of the gradual process of Christianization of the Eastern Roman Empire. Although the legal provisions of the provincial statutes of Ernst of Pardubice imposed many restrictions on the Jews, this fact, on the other hand, was to some extent counterbalanced by protective provisions that prohibited laymen and Christian clergy from disturbing Jewish religious rites, destroying their graves, and arbitrarily punishing them without the existence of a relevant legal title.

Keywords

Jews; ecclesiastical law; canon law; Middle Ages; ecumenical councils; Archbishop Ernst of Pardubice; Statuta provinicialia Arnesti; codification; Roman law; Czech lands; Prague.

Jבnos Erdץdy: In XII minuendi sumptus sunt lamentationisque funeris – sed ea non tam ad religionem spectant quam ad ius sepulcrorum: Restrictions on Funeral Luxury in Rome

The legal attempts to curb funeral lavishness and extravagance come into two groups: the first includes the provisions of the Law of the XII Tables, the second the lex Cornelia sumptuaria (81 BC), and the leges Iuliae sumptuariae (46 BC, 18 AD) (Rotondi, Sauerwein). In this presentation, the focus is drawn to the provisions in the XII tables. In ancient law, funeral sumptuousness was mainly regulated by the Law of the XII Tables. Prior to the early Republic, some restrictive measures appeared in the so-called leges regiae. Spectacular, artistically designed, and expensive funeral ceremonies and processions were not far from the Roman thought. As a result, the provisions on Table X restricting these lavish ceremonies could be considered as direct precursors of leges sumptuariae (Sauerwein) since the immoderate spending constituted a substantial and profound social problem, even though this excess was available only to the upper class. The casuistic and detailed rules of the XII Tables suggest that the extravagance of funerals and burials could not be categorically severed from the worship of the gods. Therefore these rules are directly related to religio. The sources include Cicero’s texts in De legibus, Polybios’ detailed account of Roman funeral rites, and Pliny the Elder’s reports on funeral customs. These texts show that many rituals were associated with worshipping the gods and sacrificial rites. This circumstance underpins the religious origin and character of these rules.  At this point, however, interesting questions arise from this observation. Why is the ius sepulcrorum linked with religio? Did the proper worship of the gods serve as a sufficient justification for more intensive obedience?

Keywords

Funeral; luxury; restrictions; parsimonia; tenuitas; religio; superstitio; leges sumptuaria; the Law of the Twelve Tables; Polybius; Plutarch; Numa Pompilius; Romulus; Festus.

Gבbor Schweitzer: Der Rechtsstatus und die Selbstverwaltung der Hauptstadt Budapest in der b�rgerlichen ִra

The paper reviews the legal status and the system of self-government of Budapest in the Bourgeois Period. Budapest was created by the administrative merger of three cities - Pest, Buda and ׃buda – pursuant to Act XXXVI of 1872. In said period, the status and administration of the capital city were governed by separate laws. This was an expression of the special attention paid by the government and the legislature to the country's dynamically developing capital. During the existence of the Austro-Hungarian Monarchy between 1867 and 1918, liberal principles were the main determinants of the capital's legal status and administrative system.  One of the typical institutions of this period was the general assembly, the guarantee of municipal autonomy: half of the membership was elected by the eligible population and half from among the ranks of the highest taxpayers. At the same time, Budapest's status as the capital of Hungary has led to a narrowing or even complete exclusion of the local government's room for maneuvers in certain areas. However, the centralizing administrative policy objectives of the national conservative government of the inter-war period resulted in the gradual crippling of self-governance.

Keywords

Budapest; bourgeois period; self-government; municipal autonomy; general assembly; largest tax payers; centralization.

Csaba Cservבk: The Constitutional Development of Transylvania

There is an interesting dichotomy between the Hungarian Historical Constitution and the former “province of Transylvania”. On one hand, Transylvania was an inseparable part of the once-was Hungarian state. On the other hand, in the period of the “country torn into three parts”, according to some approaches, Transylvania embodied and represented the independent Hungarian state. During the reign of powerful princes, such as Gabriel Bethlen and George (Gyצrgy) Rבkףczi I., Transylvanian power waxed, while the weak tenures of Sigismund Bבthory, Gabriel Bבthory and George (Gyצrgy) Rבkףczi II. it waned, their unfoundedly great ambition brought to ruin the realm. In 1848, one of the principal demands of the Hungarian revolutionaries was the official, legal unification of Transylvania with the rest of Hungary, and it was was proclaimed through the April Laws of the same year The existence of a separate ispבn title for the Szeklers was a symbol of their autonomy, and its frequent conjoining to the voivode title was a source of importance and pride. John Zבpolya died in 1540, and this Lesser Hungary, made up of a slightly enlarged Transylvania, was then governed by Dowager Queen Isabella and their son, John Sigismund Zבpolya.

Keywords

Historical Constitution; province of Transylvania; junior king; ispבn; Voivode of Transylvania; governor; Austro-Hungarian Compromise.

Pיter Nagy: Hungarian Scholar of Czechoslovak Law in the USA. The Life and Works of Miklףs Ujlaki

The study aims to present the life and carrier of Miklףs Ujlaki, who was one of the students of the well-known Hungarian law professor, Kבroly Szladits (1871–1956). At the beginning of his academic career, Ujlaki researched the bibliography of the Hungarian private law. He researched the development of the private law in the former Hungarian territories for several years, which came under the control of neighbouring countries because of the Treaty of Trianon. He published his conclusions in several books. When the Communist dictatorship began to take hold, Ujlaki started a new life in New York. Miklףs Ujlaki continued his research in the USA, mainly on legal bibliography and comparative law. In the first half of the 1950s, his activities were based on academic research and teaching, and he became renowned in the fields of private international law and comparative law. He left academia in the mid-1950s and turned to practical work as a lawyer.

Keywords

carrier; comparative law; private law; legal history; bibliography.

Viktor Papp: Conflicts, Compromises and Professionalization. The Case of Hungarian Trainee Lawyers in the late 19th Century

This paper explores the question of how the relationship between trainee lawyers and lawyers has changed in the late 19th and early 20th centuries. The main question of this study is what arguments and what professional solutions the trainee lawyers have used to improve their position in relation to lawyers. The presentation of the problem will be based on articles published in the legal press. The relationship between the two groups is important because, in addition to lawyers, trainee lawyers also have gained important functions through the lawyer’s code of conduct introduced in 1874, which have further increased the already fierce competition in the labour market for lawyers. Another significant issue is the extent of conflictual discourse between lawyers and trainee lawyers. By the beginning of the 20th century, trainee lawyers had raised awareness of the inevitability of generational change within the profession by founding several professional associations. The study aims to illustrate, through concrete professional debates, the effectiveness with which trainee lawyers have been able to assert their professional and financial interests against lawyers. The final part of the paper deals with cases where lawyers and trainee lawyers have successfully allied themselves against government and state actors. The results of the research will show what professional mechanism and argumentation tools were in the hands of the legal professions, and when they were used during the process of advocacy. The results of the research will also fit well with the professionalization paradigm, as the research of the social history of lawyers helps to understand the transformation of the intellectual professions and of the middle class. The findings of the research, on the other hand, will be closely related to social closure theory, as the rivalry between lawyers and trainee lawyers sheds light on the mechanisms that influenced the practice of social closure in the 19th century.

Keywords

lawyer; legal profession; professionalization; Budapest Bar; trainee lawyer; law clerk; concept of social closure; social history; the code of conduct for lawyers.

Tamבs Antal: A Hungarian Jurist’s Views on 19th-Century English Juries

The author presents a brief amendment to the history of British common law by publishing the opinion of a talented Hungarian lawyer on English juries according to his 1870 viewpoint. The new liberal Government sent a young ministry councilor to London to examine the criminal procedure law of that time. After returning home he became one of the flag-bearers of juries in the Austro-Hungarian Monarchy and also made a remarkable influence on the codification process that led to the first Hungarian Code of Criminal Procedure decades later. He armed the constitutional system of the United Kingdom in the second half of the 19th century and the way its legal institutions operated became basic standards for his reform plans as a Minister of Justice in the 1890s. His name was Desider Szilבgyi.

Keywords

Hungary; England; Jury; Criminal procedure; 19th century; Old Bailey.

Thembi Pearl Madalane: Western Europe Immigration Laws on Diversity in International Arbitration. A Historical Perspective on Africa and the Influence of English Law

International arbitration resolves cross border disputes which involve parties with different nationalities, cultures and backgrounds. As such, the diversity of the arbitral tribunal is important in the legitimacy of the arbitral process. Due to the confidentiality cornerstone of arbitration, there is no public data but statistics of appointed arbitrators by nationality, in the leading arbitration institutions. But the general accusation is no secret that international arbitration is a male, stale and pale field. This has also increasingly been criticized due to the lack of African representation. The discourse has circulated around bias and poor perception that is argued, isolated from European immigration laws. However, in backdrop of international disputes involving African parties and populist views opposed to African immigration in Europe, foreign arbitrators are still required to first obtain employment visas. So it is not irrational to expect a spill over in African lawyers' compliance with applicable immigration requirements as a possible inhibition to participation in Western Europe seated hearings. Even Britain, with a leading international arbitral centre in London is supposedly the most positive in Europe on the benefits of immigration. But it has been called out by British MPs for its UK visa system that damages Africa relations and also anecdotally reported as denting London’s international arbitration reputation, due to foreign lawyers' inability to obtain a visa to participate in hearings. Once a seemingly far-fetched thought, some emerging jurisdictions have introduced visa-free entry for participants in international arbitration to market as attractive dispute resolution centres. So, with increasing options that also facilitate diversity, the immigration laws may also be Western Europe’s Achilles heel in continuing to maintain its position as the sought-after international centre for dispute resolution service.

Keywords

Immigration Laws; International arbitration; Employment visa; European Union; Britain; Africa; Nationality; Diversity.

Balבzs Aratף: The Historical Roots of Family Businesses, the Entail and the Unification of Wealth

Historical aristocratic families, as economic units, can in some ways be seen as the forerunners of today's family businesses. These wealthy families had essentially the same or similar issues and needs in terms of wealth transfer, inheritance and succession as today's family businesses. The entail (fideicommissum) was the technical legal solution, or legal institution, which enabled the historic aristocratic families to preserve their economic strength from generation to generation, to keep their wealth together and to develop their specific succession arrangements which have survived for centuries. However, prior to the legal declaration of the entail, the enforceability was always a question mark, and it is a problem that family businesses today are still faced with in relation to certain legal instruments and technical solutions in the area of succession. This paper will first review the history of the development of family businesses and then examine the legal institution of the entail and its various forms, drawing parallels between the historical aristocratic families and the family businesses of today, based on essentially identical interests and aspirations.

Keywords

historical aristocratic families; family business; succession; wealth transfer; entail; fideicommissum.

Rיka Pusztahelyi: Undue Influence as a Civil Law Concept in the Hungarian Legislation and Judicial Practice (Investigation of the Drafts of the Hungarian Civil Code between 1900 and 1928 and the Corresponding Literature and Practice)

At the very beginning of the twentieth century, during the period of heightened endeavours for the codification of the private law in Hungary, not only the influence of the “great” civil codes (BGB, ABGB, ZGB) was observable. This paper aims to demonstrate the special impact (or, unique renaissance) of the English equity doctrine of undue influence, among the invalidity rules concerning juridical acts, contracts or testaments. Since this examination cannot be carried on separately from scrutinising the legal thoughts and legislation on immoral and usurious contracts, after some general remarks, this work deals with relevant issues of the Hungarian legislation of usury, independently of civil code drafts or embedded into them. Then, it demonstrates the emergence of the undue influence doctrine in the academic discussion, in the civil code drafts and parallelly, in judicial practice. At this point, we should highlight the special interplay between these “sources of legal thinking”, and as a consequence, how the approach to the notion of undue influence was forming in that period, alongside the draft texts (from the year 1900) up to the Proposal for a Private Law Bill (Private Law Bill, 1928). Although this writing focuses on invalidity issues of contractual transactions, one chapter is dedicated to showing the development of the concept of undue influence relating to testamentary dispositions.

Keywords

undue influence; usurious contract; unfair exploitation; contracts contrary to good morals; law of succession; Hungary.

Roman Savuliak: Codex Theresianus of 1766: Codification Works, Structure, main Content and Significance of Roman Law Reception during its Conclusion Process

The purpose of the article is a step-by-step review of the codification works on the Codex Theresianus conclusion of 1766 and the outlining of the structure and the analysis of the main content of all Draft Code revisions, as well as clarifying the significance of the reception of Roman law during its conclusion. Hence, the author outlined the general work schedule of the Compilation Commission in Brno, which contained the primary structure of the Draft of Codex Theresianus. So, the content of the revisions of the Draft Code text, developed by the Compilation Commission, the Legislative Commission headed by Josef Azzoni, and the Legislative Commission under the supervision of Hofrat Zenker, were considered. In the process of this research, the author identified certain differences in the structure and revealed the peculiarities of some provisions in different versions. The durability of the Roman tradition of civil-law institutions and the content of some of their norms and, accordingly, the connection of the civil-law doctrine of the Austrian Empire with Roman law have been ascertained. In addition, the article broadly presents an analysis of the state of research in Ukrainian historical and legal science, both modern and at the end of the 19th – beginning of the 20th centuries, history of the sources of law, including the Draft of Codex Theresianus, and individual institutions of civil law of the Habsburg monarchy.

Keywords

Codex Theresianus; Maria Theresa; civil code; codification; Compilation Commission; Legislative Commission; Josef Azzoni; Hofrat Zenker; reception of Roman law; Habsburg monarchy.

Vinicius Magalhaes Casagrande: Rechtsnormen und Logische Analysis: ein Briefwechsel - Was Kelsen tricked?

The article aims to uncover the actual discussion that took place between Ulrich Klug and Norbert Wiener, a philosopher of law and a mathematician, on the question of whether it was possible for a machine to apply law using logic. This discussion took place in 1957 and was mentioned by Ulrich Klug in an exchange of letters with Hans Kelsen. Hans Kelsen and Ulrich Klug exchanged letters in which they discussed the application of logic to law. These letters formed the basis for a book entitled Legal Rechtsnormen und logische analyze: ein Briefwechsel 1959 bis 1965. The correspondence between Hans Kelsen and Ulrich Klug was analyzed and from it the correspondence between Klug and Norbert Wiener. The research source comes from Wiener's personal collection at the Massachusetts Institute of Technology. As a result, we find the letters exchanged between Klug and Wiener. We can conclude that both disagree on the possibility of creating a logical machine that applies the law. From this we can conclude that Klug's statement to Kelsen that Wiener accepted the existence of a machine that applies the law through logic is false.

Keywords

letters; Hans Kelsen; Ulrich Klug; Norbert Wiener; legal logic; cybernetics; Rechtsnormen; logische analysis; Briefwechsel.

Thomas Gergen: Durchsetzung von Anspr�chen auf Bescheidung und Gewהhrung von Pensionsleistungen als Vertragsbedienstete von verschiedenen EU-Behצrden – Rechtsgeschichte der fr�hen Jahre der EU als „Lehrmeisterin“ und gutachterliches „Handwerkszeug“

The question of entitlement to pension benefits based on temporary ("freelance") contracts with EU authorities arises precisely when these have not been explicitly excluded. Although the interpretation must rightly be restrictive, there are cases that go back to the early jurisprudence of the EU and thus to the young history of European law; it can be consulted as a "teacher" for today's interpretation.

Keywords

EU pension rights; staff and “other servants” of the EU; “Plaumann formula” (1963).

Stefano Barbati: Il postliminio di Ostilio Mancino

The purpose of the article is to inquire thoroughly into the sources about Mancinus’ postliminium. The most relevant sources for the juridical issues related to the topic are Cicero, Pomponius and Modestinus. Common source of those authors are the 18th libri iuris civilis of Quintus Mucius, published around 90 b. C., in which the matter was discussed in the heading related to postliminium, according to its explanation in the dialogues on the ius civile, published by the jurist Brutus between 135 and 133 b. C., and to what Quintus Mucius’ father, Publius Mucius, has told his son during his education. The essay shows at first how all the relevant issues took place during 136 b. C.: the surrendering (deditio) of the past (137 b. C.) consul Mancinus to the enemies (the Numantini), their refusal to accept him, his return to Rome, his entrance to the Senate, his expulsion decreed by a tribune and the immediately following discussion on Mancinus’ status in the Senate between the senator Brutus, preeminent jurist, and the pretor Publius Mucius, as well preeminent jurist. To solve the groovy state of our sources, the essay distinguishes among 6 relevant topics: Publius Mucius’ thought; Brutus’ thought; content of the law enacted as to regard Mancinus’ case; Quintus Mucius’ interpretation of it (90 b. C.); Cicero’s interpretation of it (between 70 and 44 b. C.); Modestinus’ interpretation of it (around 240 a. C.). On each of those topics, the article enlightens at first the state of the art and then proposes the author’s view. The author thinks that Publius Mucius adhered to the traditional nullity of the deditus’ postliminium, no matter if he was accepted or not by the enemies; that Brutus thought the a deditus rejected by the enemies was not a deditus, since deditio had to be conceived as a bilateral instead of unilateral act; that the law enacted on the case adhered to Brutus’ view because of its approval by the senator and preeminent jurist Manilius, counselor of the consul Furius Philus who proposed to law to the people’s assembly: the statute law confirmed Mancinus’s citizenship instead of reinstalling him into Roman citizenship; that also Quintus Mucius adhered to Brutus’ new conception, followed, with some misunderstanding, by Cicero; that Modestinus, living far away from the later Republic, fell into deep misunderstanding of Mancinus’ case, which he read about in commentaries on the work of Quintus Mucius and Sabinus.

Keywords

Roman Law; Later Roman Republic; Law of Persons; Relationships with Foreign People; Jurisprudence.

Annex: XVII. Jahrestreffen der Jungen Romanisten - Radek ָernoch: Introductory Remarks on the Essays of the Speakers of the XVIIth Young Scientists Meeting on Roman Law

On April 13th and 14th 2023 Masaryk University in Brno (Czech Republic) hosted the XVIIth Young Scientists Meeting on Roman Law. The following introduction sums up topics and presentations of the Meeting. After the introductory remarks four speakers present their essays, based on their presentations at the Meeting.

Keywords

Brno; Collegium Junger Romanisten; Jahrestreffen Junger Romanisten; Roman Law.

Michael Binder: The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3

In Roman law, it was not uncommon for a filius or a filia familias to get married. The capability of a filius or a filia familias to sue or be a defendant was restricted. During an intact marriage, such a restriction was often insignificant. However, in the case of a divorce, the recipient of the dowry (dos) was sometimes questionable. To settle conflict about the dos, it was important to know who could claim part or all of the dos and who was obligated to return part or all of it. Such a question was raised in D. 15.1.38.1 and in D. 24.3.22.3 where a filius/filia familias first married and later divorced. In this article, D. 15.1.38.1 and D. 24.3.22.3 are exegetically analysed.

Keywords

Roman law; filii familias; dowry; actio rei uxoriae; dolo facit, qui petit quod redditurus est.

Stefan Schmatzberger: Der prozessuale Erwerb scheidungshalber entwendeter Sachen in D. 25.2.22 pr.

Die actio rerum amotarum greift in einem Spezialfall im Bereich des Diebstahls ein: der Sachentwendung unter Ehegatten anlהsslich der Scheidung. In D. 25.2.22 pr., Iul. 19 dig. befasst sich der Hochklassiker Julian mit den Konsequenzen, welche die Verurteilung aus dieser Klage f�r das rechtliche Schicksal der entwendeten Sachen nach sich zieht. Die exegetische Untersuchung dieses Digestenfragments vor dem Hintergrund des, durch das Prinzip der condemnatio pecuniaria geprהgten, Formularprozesses zeigt, dass es infolge der Geldverurteilung zum prozessualen Erwerb der herausverlangten Sache durch den Verurteilten kommt. Dieser erhהlt hinsichtlich der res litigiosa nהmlich Rechtsschutz durch eine dingliche Klage und eine exceptio.

Keywords

actio rerum amotarum; Sachentwendung; res amovere; matrimonium; divortium; divortii causa; Formularprozess; condemnatio pecuniaria; Enteignung; actio Publiciana; exceptio; Eigentum.

Robin Repnow: Die R�ckgabe konfiszierter G�ter in einem Kaiseredikt aus dem fr�hen 4. Jh.

Eine durch eine Inschrift auf Kreta �berlieferte Kaiserkonstitution aus dem fr�hen 4. Jh. (CIL III, 12044 = CIL III, 13569 = ICret I, 18, 189) enthהlt ausf�hrliche Regeln �ber die R�ckgabe konfiszierter G�ter an ihre fr�heren Eigent�mer. Da der Text, der in der Literatur zuweilen als edictum de bonis restituendis oder als Second Caesariani Decree bezeichnet wird, sehr l�ckenhaft erhalten ist, ist sein Inhalt nur schwer verstהndlich. Dennoch handelt es sich um eine bedeutende Quelle sowohl f�r das rצmische Fiskalrecht als auch die von den Kaisern zu Beginn der Spהtantike angewandte legislative Technik. Zu datieren ist die Konstitution mצglicherweise in die Zeit kurz nach dem Herrschaftsantritt von Kaiser Galerius (305/306). Der in der Literatur oft vermutete Zusammenhang zu anderen inschriftlich �berlieferten Kaiserkonstitutionen aus derselben Zeit wie etwa dem edictum de accusationibus ist jedoch weniger eng als teils angenommen.

Keywords

Konfiskationen; Schenkungen; R�ckerstattung; Fiskalrecht; Indulgenz; Caesariani; Publikation von Kaiserkonstitutionen; edictum de accusationibus; Galerius.

Emese �jvבri: Die Haftung der Erben der Munizipalmagistrate. Beispiele aus dem Bereich der magistratischen Vormundsbestellung

In the Roman Empire during the imperial period, in certain cases it was possible to take action against the magistratus municipales who had committed an omission or error in the guardianship order, if the default had (indirectly) caused damage to the ward. The sources suggest that the action which could be brought in such cases, the actio subsidiaria, was an actio poenalis and could not originally be brought against the heirs of the magistratus in the event of his death. Later, however, the heirs of the magistratus could also be sued under certain conditions, in order to provide greater protection for the interests of the ward.

Keywords

datio tutoris; magistratus municipales; actio subsidiaria; hereditary responsibility; satisdatio rem pupilli salvam fore; quasi delictum.

Hans-Christian Herrmann (Hg.): Die Strukturkrise an der Saar und ihr langer Schatten. Bilanz und Perspektiven von Montanregionen im europהischen Vergleich

Michael Rצhrig (Hg.): Kצnigshof und Landgemeinde. Geschichte Vצlklingens von den Anfהngen bis zur Mitte des 19. Jahrhunderts

Alfred Sצllner, Christian Baldus: Rצmisches Recht

Ulrike Babusiaux, Christian Baldus, Wolfgang Ernst, Franz-Stefan Meissel, Johannes Platschek, Thomas R�fner (Hrsg.): Handbuch des Rצmischen Privatrechts

Christoph Schmetterer: Tagungsbericht: Ausnahme und Vielfalt im Recht der Vormoderne

Thomas Gergen: Stephan Toscani: Jurist, fr�herer Minister und Landtagsprהsident, nunmehr Trהger „Professor Alfred Diwersy Ehrenpreis“

Miriam Gassner: From Brest-Litovsk via St. Germain to Sevres - A Legal Perspective on the Peace Treaties and the Disintegration of Three Multi-ethnic Empires at the End of the First World War

The paper aims at shedding light on the initial situation of the Russian, Habsburg and Ottoman Empire at the end of the First World War and discusses the development of the Peace Treaties of Brest-Litovsk, St. Germain and Sevres. It analyses and compares the provisions of all three peace treaties in question and tries to put them in context. As the German Reich and the Treaty of Versailles already have been subject of numerous academic studies, the paper deliberateley focuses on three before mentioned Peace Treaties, which all played a key role in the decline of multi-ethnic empires.

Keywords

First World War; Treaty of Brest-Litovsk; Treaty of St.Germain-en-Laye; Treaty of Sevres; Paris Peace Treaties; Russian Empire; Habsburg Monarchy; German Reich; Ottoman Empire.

Christoph Schmetterer: Die Diskussion um die R�ckwirkung bei Einf�hrung der Untreue in ײsterreich 1931

In December 1931 a new crime, embezzlement, was incorporated into Austrian law. This was done retroactively although ex post facto penal laws had been considered highly objectionable since the late 18th century. This article analyzes how this idea was generally developed in legislation and jurisprudence as well as the discussion specific to the ex post facto law of 1931.

Keywords

Austrian criminal law; Embezzlement; ex post facto law; Friedrich Ehrenfest; nulla poena sine lege.

Vid �epiט: Iudex sceptro aequitatis armandus est. Richterliche Insignien in der europהischen Rechtstradition bis zum 18. Jahrhundert

In spite of the variety and multitude of judicial authorities, a survey of the judicial insignia in continental Europe between the High Middle Ages and 18th century reveals a surprising uniformity and constancy both in the particular as well as the ius commune legal tradition. The sword of Justice, the Judge`s chair, his robes and book figure prominently in the medieval illuminations. Insignia formed the identity of the judge and served as a reminder of the presence of a political institution of a transpersonal character: the judicial authority was hence represented through the display of the inisignia. The aim of the article is to defend the proposition that the exterior signs of delegated judicial authority in pre-codification continental Europe manifested themselves in a rather consistent appearance because they reflected a common idea of a delegation of judicial authority, which was to be accompanied by the visual transfer of materialised symbols.

Keywords

Insignia; Judge; Sword of Justice; Rod of Justice; Book; Ceremonial vestment; Judge´s Chair; Legal symbolism; Legal archaeology; Dignity; Ius commune.

Peter Roethke: Virtuous Promises: The Changing Oaths of the Reichshofrat and the Appearance of Impartiality

As the Imperial Aulic Council of the Holy Roman Empire grew in stature over the course of the early modern period, the integrity of its membership came increasingly into focus.  This article analyzes that heightened scrutiny through the lens of oaths.  Working from the promulgated versions, drafts, and legislative history of the court ordinances, it argues that the oaths sworn by court officials were specifically tightened in order to deter corruption and the appearance of corruption. The close textual analysis reveals a keen appreciation of bureaucratic mores by the political masters of the court. For such an important instrument of imperial power as the Imperial Aulic Council, perceptions mattered.

Keywords

Imperial Aulic Council; corruption; Holy Roman Empire; Reichshofratsordnungen; judiciary; judicialization; law; bribery; integrity; reform.

Daniela Buccomino: ‘ascendere a sommi gradi… cumular infinite ricchezze’/ ‘Ascending to Great Heights… Cumulating Infinite Riches’. Legal Education and Professional Careers in the State of Milan (16th–18th Century)

The proposed contribution aims to fill some historiographical gaps on the legal formation of the 'power elite' of the State of Milan in the Modern Age in light of the changing cultural and institutional context. The main focus of the research, which is part of broader research on the history of the University, is the relationship between the training of Milanese graduates in law at the Alma Ticinensis Universitas and the careers they pursued within the magistracies and judicial institutions at the territorial level. This is also in consideration of the role played by jurists in Lombard society (16th-18th centuries). Through a series of concrete cases of ruling families, an attempt will be made to answer specific questions, such as the value of the doctoratus obtained at the Studium Publicum of the State of Milan and the role of the social class for the conferment of certain public offices and the performance of specific professions.

Keywords

Legal education; Doctores; doctoratus in utroque iure; History of Universities; State of Milan; University of Pavia; Senate of Milan; legal careers; Italy.

Carlos Sardinha: Natural Law and the Defense of Freedom of Trade and Navigation in Hugo Grotius’ Mare Liberum (1609) with Regard to the Seizure of the Portuguese Carrack Santa Catarina by the Dutch during the Reign of Philip III of Spain (1603)

The conception of a Christianity submitted to Papal Power, also indirectly, on every matter concerning the spiritual well-being of the Faithful and implying a lordship of the whole world including the regulation of the relations among Christian princes and between Christians and infidels, caused the Pope to decide on the recognition of the rights of the Portuguese Crown over the discovered lands and seas. Further, according to several commentators like Baldus (1327-1400) every State could under Civil Law (iure civili) occupy part of the sea, exercising sovereignty over it “as to jurisdiction and protection” (quoad jurisdictionem et protectionem). The Portuguese Crown enjoyed a right of quasi possessio over the whole of the maritime area of the Estado da ֽndia (in English, State of India). The Portuguese Crown forbade to all and every person of whatsoever estate and condition, including foreigners, to sail to the lands and seas of Guinea and India and all other Portuguese lands, seas and places conquered by Portugal using ships other than the Portuguese under penalty of death and asset forfeiture. Therefore, we can say that from the establishing of the Estado da ֽndia flowed the imposition of the system of mare clausum upon the Indian Ocean economy. On the other hand, Hugo Grotius’ Mare Liberum (1609) consists in a coherent refutation of the arguments put forward by the Portuguese to justify their claim to mare clausum. He stresses that no one can own the sea, no one can forbid another to sail without being guilty of wrong. Because of this, the Portuguese did not hold property over the East, they had no right to exclude the Dutch from sailing to the East Indies and do business with the Indians because this right belongs to all peoples. The Chapter 11 of Grotius’ work De Indis (that is, De Jure Praedae) helps us to see the legal controversy over the seizure of the Santa Catarina from the viewpoint of a continuous and evident violation of natural law perpetrated by the Portuguese. This violation of natural law justified Admiral Van Heemskerck’s initiative of punishing the inhuman economic and trade practices of the Portuguese with the aim of restoring the much-needed freedom of trade and navigation in the region.

Keywords

Papal Power; mare clausum; mare liberum; Natural Law; Law of Prize and Booty;   freedom of trade and navigation; Iberian Union.

Charalampos Stamelos: Historical and Philosophical Overview of the Law of Ancient Cyprus up to Roman Times

In the present study we examine historical and philosophical aspects of the law of ancient Cyprus from the foundation of the Kingdoms to their abolition and the transformation of Cyprus into a Roman province. From this study, useful, timeless and timely conclusions emerge for the broader perception and understanding of the concepts of ethics, justice, good law-making and law in general. The analysis includes public law, private law and criminal law of Ancient Cypriot Kingdoms. Moreover, there is an analysis of philosophical aspects of Ancient Cyprus which was similar to Ancient Greek philosophy influenced the respective laws.

Keywords

Ancient Cypriot Kingdoms laws; Alassia; Paphos; Salamis; Powers of the King; Public Law; Private Law; Criminal Law; Tablet of Idalion; Zenon the Kitieus; Stoicism; Persians; Democracy; Alexander the Great; Roman law; Cicero; Bacchus Tryphonus; Marcus Aurelius.

Adolfo A. Diaz-Bautista Cremades: Approaching the Legal Regime of Consensual Abduction Through History

Abduction was considered a way to access marriage in the ancient world. Even if it wasn’t lawful, Mythology leaves us traces of this conduct, which was acceptable in Roman society when the kidnapped woman´s consent was present. Constantine, for reasons that we can only suppose harshly prohibited this practice, punishing it with the death of all those involved (even the raped woman). Its regulation went back to the Middle Ages but it was modulated, accepting the remission of the sentence in case of agreement between the parties. This way, a private crime was established in modern times which allowed the woman to take action against the abductor unless they married, thus forcing him to fulfil his marriage promises.

Keywords

Abduction; consent; marriage; women in Rome; Roman criminal law.

Tereza Kolumber: Legal Regulation of Elementary and Upper Elementary Schools during the Second Czecho-Slovak Republic and the Protectorate of Bohemia and Moravia

This paper offers an overview of the education law from 1760s to late 1930s and then well-structured analysis of the legal framework for elementary and upper elementary (main) schools from 1938 to 1945, which is characterized by a focus on extensive secondary legislation, which is frequently not even of the Czech origin. The paper intends to illustrate the transformation of the school system from the era of the interwar democratic state through a local variation of fascism into a Nazi-occupied territory where education was mainly intended to serve the indoctrination of children and youth. The author of the paper combines the available laws and regulations with other sources to provide a comprehensive overview of this part of the Czech education system, which has so far been rather neglected in the academic world.

Keywords

Education Law; Czechoslovakia; Protectorate Bohemia and Moravia; Elementary School; Upper Elementary school; Ministry of education; Kuratorium.

Jבn �tefanica: Causes of Political Trials against Slovak Nationalists in Czechoslovakia

The study focuses attention on the legal and social factors affecting the formation of the group of so-called Slovak bourgeois nationalists, the fabricated allegations against them often based on real documents, and the overview of criminal procedure, together with its analysis. The author points out that issues pertaining to the constitutional position of Slovakia in the Czechoslovak Republic were addressed through repression of the Communist part of the Slovak intelligentsia. Further, the study demonstrates the existence of a power struggle among the political leaders of the Communist Party of Slovakia and points to the special dedication in the handling of the trials and the interpretation of laws.

Keywords

Political trial; The Cold War; Communist Party; Husבk; Nationalism; Czechoslovakia.

Veronika Lehotay: Strafrecht in Ungarn (1920–1944)

The study deals with criminal law between the two world wars. The first codified Hungarian Penal Code was completed in 1878.  The Criminal Code became known as the Csemegi Code. After 1920, there were also a number of changes in criminal law. The main questions of this paper are: How did the economic crisis, the war, and the increasing discrimination from 1938 onward affect criminal law? In the context of the period between 1920 and 1944, the question arises how and whether the representatives of (criminal) jurisprudence took a stand on equality, war and restriction of rights. How has the relationship between the state and the individual changed with regard to public law / criminal law? How did the criminal law tendency appear in Hungarian jurisprudence and how did it influence legislation? How did racial protection appear in Hungarian criminal law thought and practice? How did criminal law develop in practice in Hungary between 1920 and 1944? How did the law of criminal procedure change? The main sources for the research are the legislation and the literature of the time.

Keywords

Legal history; Horthy-era; war; economic crisis; discrimination; Hungary; criminal law.

Elemיr Balogh: Iurisprudentia in Medieval Ecclesiastical Jurisdiction (The Role of the iurisperitorum in the German and Hungarian Case Law)

The Council of Lateran IV (1215) was a landmark in the history of European law, when it required ecclesiastical courts to entrust the jurisdiction of the diocese to a person learned in canon law, among other things. This provision was the corollary of the rule that medieval canon law judges were, as a rule, persons who were well versed in the law and who had typically acquired their knowledge at universities. The situation was somewhat different in Hungary, where there was no university in the Middle Ages, but the extensive jurisdiction of the Holy See meant that the institutions of domestic law had to be applied, and the use of lawyers who knew Hungarian law was therefore indispensable. An important feature of medieval ecclesiastical jurisprudence was that, because of the high level of canon law knowledge required, judges were happy and often called upon the assistance of learned canon lawyers (iurisperiti) in complex cases. These lawyers, with their outstanding knowledge, were typically specialists in Roman canon law (ius novum) in the western countries of Europe, but in Hungary they were more likely to be specialists in the customary law of the nobility. Both groups of persons included the most qualified jurists of their time, and the institutional background for the acquisition of knowledge was provided by the universities. It was in these universities that learned law was taught, and not only substantive law but also a new model of procedural law (inquisitio) was created, based on the late Roman investigative trial.

Keywords

Iurisperiti; Holy See; Germany; Hungary; Roman law; canon law; Ivo de Chartre; Ivo de Hיlory; Juristenstand; formularia.

Kristףf Mihבly Heil: Strafrechtliche Kommissionstהtigkeiten im Lande und im Komitat (1791–1832)

The codification attempts of Criminal Law in the time of the Enlightenment of the 1790s and the liberalism of the 1830s and 1840s are the focal points of the study. In order to draft bills to reform the feudal state based on customary law and privileges without changing the basic public law framework, nine so-called national regular committees were set up by Article 67 of Act 1791. The committees completed their work and sent their drafts, known as operatives, to the king between 1792 and 1795. After all, the completed operatives were not put on the agenda of the Parliament due to changes in the domestic and foreign policy status quo. They could find a way out from the archives of the Chancellery only thanks to the committees set up by Article 8 of Act 1827. These committees were responsible for reviewing the “forgotten” operatives, which were finally printed and sent to the counties for comments. The Hungarian liberal noble opposition was organised first as a movement and then as a party during these county debates (1831–1832) in order to replace the feudal system by manifesting the basic principles of the civil transition in the so-called laws of April.

Keywords

Civil Transition; Regular Committee Works; Draft Bills; Reform, Criminal Law; Commission Activities.

Orsolya Falus: The Legal History of the Order of the Holy Spirit in Hungary. Facts and Doubts

The settlement of the Order of the Holy Spirit in Hungary is unknown. The first Hungarian source remained about the order was found in Nagyszeben (Sibiu) in 1292. This source explains that on 24th June 1292 the city council of Nagyszeben handed over a house with all of its belongings to the order. This house had been used earlier as a hospital with the purpose of holding church services and of taking care of poor and sick people. The order used to own several hospitals in the territory of the Hungarian Kingdom. The cessation of the operation of the order is connected to the development of the embourgeoisement, in the course of which the infirmaries and pharmacies of the order gradually ended up under the supervision of the city councils by the 15-16th centuries. The non-consistent use of the terms cruciferi, hospitalis and Spiritus Sanctus in medieval Latin documents makes it difficult to identify the houses and hospitals operated by the order unambiguously.

Keywords

Order of the Holy Spirit; hospitals; city councils; ambiguous.

Lבszlף ֱdבm Joף: Under Duress or Coercion. Special Land Registry Cancellation Lawsuits after the Second Vienna Award

Following the Second Vienna Award, in possession of the general authorisation of the Parliament, the Hungarian Royal Government adopted several decrees in order to extend the scope of Hungarian private law to the regions concerned. At first the scope of the law of real estate was extended by Decree No. 1440/1941. In Section 6 the legislator provided the right for those who alienated their immovable properties during the period of the Romanian supremacy to request in integrum restitutio, in a measure through the deletion of the current owner’s right of ownership. The court could also uphold the application if the transaction concluded under a compulsive action of a Romanian authority threatening with damage and serving the interests of the party that acquired the right or other official direct or indirect coercion or the threat of procuring it. After the analysis of the available judgments found in the Hungarian National Archives, it is ascertainable that the courts did not interpret the above-mentioned conditions consistently, therefore they could not always choose the appropriate one of them. Despite that, cancellation from land registry was ordered in most cases in which the owner was forced to alienate his/her immovable property under some kind of duress or coercion of an authority. Although the Decree was in force until the Romanian reoccupation and the system of private property was altered extremely in the communist regime, the lessons of the judicial practice of the discussed decree should get attention.

Keywords

Hungary; Transylvania; Romania; Second Vienna Award; Land Registry Regulations; Cancellation Lawsuits; Duress; Coercion; Private Law; ABGB; Auction; Sales Contract.

Mבtי Julesz: The Legal History of Informed Consent

Human experiments during the national socialist and communist eras remind us that medical research involving human subjects should have legal limitations. Nowadays, in medical malpractice cases, instead of simple medical consent, the informed consent of the patient or a proxy is required to exculpate the health care provider sub judice. The origin of these types of medical consent is discussed with special regard to their development before and during the twentieth century. Simple medical consent appeared in England in the Slater v. Baker and Stapleton case of 1767. The legal history of medical consent dates back to at least the eighteenth century, although informed consent arose as late as in the Nuremberg Code and was literally called “informed consent” in the Salgo v. Leland Stanford Jr University Board of Trustees case of 1957 in the US. Despite the international rules of informed consent in effect in medical research involving human subjects and in health care provision, we still find countries with medico-legal cultures differing from Western norms. For example, the Confucian style of informed consent in China, involving the family’s role in granting or declining informed consent, sometimes collides with the expectations of the Food and Drug Administration in the US or those of the European Medicines Agency in the EU. Moving different medico-legal cultures closer to each other should be an important objective of both international lawmakers and national legislators.

Keywords

Simple medical consent; informed consent; human medical research; medical malpractice; family informed consent in China; national socialist and communist abuses.

Bence Krusףczki: The First Hungarian Competition Act in the Judicial Practice

This entry will deal with the history of competition law, including the first substantive competition law of Hungary, i.e Article V of 1923, which contained provisions regarding unfair competition. Currently, unfair competition is the subject of competition law, one of the branches of economic law, which contains regulations regarding the protection of economic competition and the prevention of consumer detriment. The purpose of Article V of 1923 was to offer general protection against any form of unfair competition. However, the description of each provision of the Article and the detailed demonstration and investigation of their practical implementation is not the topic of this entry. The present paper will specifically focus on the arbitral tribunals of the Chamber and the practice of the jury since the fact that the duty and practice of these two bodies were highly significant for the application of the law in that era can be clearly concluded from the summary of research results.

Keywords

Unfair competition; specific act; Arbitration Institute of the Budapest Chamber of Commerce; Hungary; court.

Dיnes Legeza: Copyright Aspects of Promise of Reward in Hungary

The promise of reward (Auslobung) is a unique legal institution of copyright and civil law, accepted and widely used in different areas of life for centuries. The promise of reward differs from traditional contracts, because it is defined as a unilateral legal relationship and it affects uses of copyright protected works. This paper analyses how the promise of reward appeared in Roman and Medieval Law, how it was used in practice in Hungarian cultural life in the 19th century and how Hungarian jurisprudence accepted it as a valid matter of fact that generates obligations. The study finally presents how regulations on promise of reward was drafted and regulated in Hungarian legal regulations in the 20th century.

Keywords

Copyright law; promise of reward; licensing contract; book publishing; theatre play; creative works; intellectual property; intellectual creations; law of obligation; Hungarian Academy of Science; National Theatre.

David Manuel Rodrםguez Ferro: The Right of ‘Manifestacion’ in the Kingdom of Aragon: Origins and Legal Heritage

This article aims to expose a characteristic procedural figure of the Kingdom of Aragףn (Spain), a peculiarity within the strict medieval legal codes whose foundation was extended to other territories almost a century after its creation, with close links to Habeas Corpus Act. Its use produced controversial situations at certain times that led to reprisals and legal and political reforms in Aragon and in the judicial institution of ‘Justicia de Aragףn’. This work aims to make known the peculiarities of this procedural figure, as well as those of the institution of ‘Justicia’, one of the oldest legal institutions in force today around the world, also mentioning to the nuances between ‘Derecho de Manifestaciףn’ and the Habeas Corpus Act. A deductive and descriptive method is employed in order to show a general overview prior to discuss each particular topic.

Keywords

Justicia de Aragףn; Manifestaciףn de Personas; Habeas Corpus; Aragonese Foral Law; Comparative Law.

Joao Manuel Cardao do Espםrito Santo Noronha: Evolutionary Trends of the Continental European Commercial Company and Partnership Law in the First Half of the 20th Century

The present paper intends to present some critical considerations on the evolutionary cycle of the European continental law of commercial companies and partnerships that covers the first half of the 20th century. It focuses particularly on the German innovations represented by the introduction of the private limited liability type of company, and in the reconstruction of the relationship between the shareholders and the management brought by the German Public Limited Liability Company Law of 1937. These are two fundamental key areas for understanding the shape of the modern European-continental company law.

Keywords

Company; partnership; 20th century; GmbHG; AktG; quotas; F�hrerprinzip; Rathenau.

Majlinda Belegu, Bashkim Rrahmani: Marital and Inheritance Law from the Middle Ages to the Positive Law. From Scanderbeg Canon to Positive Law

Family law is an important part of the civil law. Since the Roman Law this continues to be important part of this field. With the analysis of the paper the differences and similarities of norms from Scanderbeg, Lekכ Dukagjini and Dibra Canon are underlined and emphasized. Paper covers and analysis the norms of historical law and customs through interpretation also positive norms of the countries where Albanian population lives. Engagement, marriage, the rights and duties of spouses during the marriage as regulated by the codexes through the history are analyzed as well as the disposal from sheria along with the rights and duties of spouses based on the positive law, for comparative reasons. Engagement is the first initiative before the marriage is concluded. Marriage was concluded after the engagement and it lasted until the death of spouses. The rights between spouses were always different where husband had more rights related to his wife. There were cases when he had the possibility to even kill his wife if the loyalty was not respected and also to divorce whenever he found it useful.

Keywords

Engagement; marriage; heritage; law; canon; spouses.

Wojciech Materski: JW obronie piךdzi rodzimej ziemi. Estoסsko-sowiecki/rosyjski spףr terytorialny 1917–2018

Gבbor Hamza: Az eurףpai magבnjog fejlץdיse a kezdetektץl a XX. szבzad vיgיig. A modern magבnjogi rendszerek kialakulבsa a rףmai jogi hagyomבnyok alapjב

Vier neuere Bהnde aus Karlsruhe – Inzwischen sind 40 Bהnde der Schriftenreihe des Rechtshistorischen Museums (RHM) Karlsruhe erschienen

Markus Hirte / Johannes Dillinger (Hg.): $chatz und $chatzsuche in Recht und Geschichte = Kataloge des mittelalterlichen Kriminalmuseums in Rothenburg ob der Tauber

Tobias Schenk: Actum et judicium als analytisches Problem der Justizforschung. Interdisziplinהre Perspektiven auf kollegiale Entscheidungskulturen am Beispiel des kaiserlichen Reichshofrats

Joachim Conrad (Hg.): Die evangelische Martinskirche in Kצllerbach und ihre Gemeinde. Festschrift zur 800-Jahr-Feier der ersten urkundlichen Erwהhnung

Eric Hilgendorf / Hans Kudlich / Brian Valerius (Hg.): Handbuch des Strafrechts, Sektion I (Grundlagen und Allgemeiner Teil des Strafrechts)

Elena Pezzato: Si sanctitas inter eos sit digna foedere coniugali.Gli apporti patrimoniali alla moglie superstite in eta tardoantica e giustinianea

Andreas Zack: Das Ende des Zweiten Triumvirates und die Amtsgewalten des Imperator Caesar Divi filius (Octavianus) in der politischen Ordnung Roms (43–27 v. Chr.): �bersehene, vergessene und neue �berlegungen zur Deutung von Augustus, Res gestae 7,1; 25,2 und 34,1

Jana Osterkamp: ״בd v rozmanitosti: Dלjiny federalismu v habsburskי monarchii od doby pרedbרeznovי do roku 1918

Thomas Gergen: „In den Schluchten der Vertrהge“ – Eine W�rdigung zum Tod von Herrn Rechtsanwalt Professor Dr. iur. Albrecht Gצtz von Olenhusen

Thomas Gergen: Die Saar-Verfassung vom 15. Dezember 1947 – Erinnerung und W�rdigung zu 75 Jahren Parlamentsgeschichte

Thomas Gergen: Der Esther-Bejarano-Platz in Saarlouis: Eine Dokumentation wider das Nazi-Unrecht

Norbert Varga: Report on the First Stage of the OTKA Research Entitled “The Development of Private Law in the Interwar Period”

Miriam Gassner: The Habsburg Monarchy and the South-American Question 1815–1842

When the Spanish-American colonies successively declared their independence in the first half of the 19th century, the European Powers had to decide on how to deal with these newly formed republics. Already at the Congress of Vienna in 1814/15, the Holy Alliance decided to follow the principle of legitimacy set up by the French diplomate Prince Charles Maurice de Talleyrand However, the interests of the European Powers that formed the Holy Alliance were too diverse to adhere to the principle of legitimacy for long: While the eastern powers (Austria, Russia and Prussia) adhered to the principle of legitimacy and refused to recognize the newly formed Spanish-American republics, France soon followed the British path and started to recognized the Spanish-American republics as sovereign states. Only the Empire of Brazil, which was ruled by the Portuguese heir to the thron Dom Pedro and his wife the Habsburg Archduchess „Leopoldina“, was recognized by the Habsburg Monarchy as early as 1825.

Keywords

South America; Habsburg Monarchy; Holy Alliance; 19th century; war of independence; diplomatic relations; recognition of new states; Congress of Vienna; Congress of Troppau; Congress of Verona; Brazil; Archduchess Leopoldina; Don Pedro; Metternich; Talleyrand.

Kamila Staudigl-Ciechowicz: The Long Struggle to Open Austria’s Law Faculties to Women. From the First Woman Doctor of Law to the First Female Law Professor

The article outlines the hard road that led to the admission of women, first of all to the law degree, and then to academic careers at the university level in Austria. It also presents the arguments of those who advocated and opposed their admission. Taking into account contemporary literature and archival sources, the individual steps are shown – from the unsuccessful demands at the beginning of the 20th century, to the founding of a private women’s law academy 1917, to admission to law studies in 1919. It would take another few decades until 1958, when the first woman was appointed full professor at the Vienna Faculty of Law.

Keywords

Austria; law faculties; women at universities; higher education; female law professor; women’s law academy, Edmund Bernatzik, Marianne Beth; Sibylle Bolla-Kotek.

Robert von Lucius: Auf dem Schreibtisch jedes preu�ischen Beamten. Fernwirkungen von Robert Graf Hue de Grais bis nach Japan

Robert Graf Hue de Grais was a proliferate and influential writer on public law and administration. His handbook on constitution and administration in Prussia and the German Reich, published in 25 editions between 1881 and 1930, was the standard reference work for generations of Prussian civil servants in the Kaiserreich and the Weimarer Republic. It even influenced, through a translation into Japanese, administration in Japan, and was noted in the USA, Belgium, France. Count Hue de Grais was also influential through his proposals on administrative reforms, as civil servant – he was Regierungsprהsident of Potsdam – and in civic education. Part of his archive is now opened, a hundred years after his death.

Keywords

Robert Graf Hue de Grais; Preu�ische Verfassung und Verwaltung; Regierungsprהsident Potsdam; Japanische Gemeindeverwaltung; Verwaltungsreformen; Staatsb�rgerkunde; Archive Wolkramshausen und Gotha.

Christoph Schmetterer: Die Einf�hrung des Tatbestands der Untreue in das צsterreichische Strafrecht 1931

In May 1931 the largest Austrian bank, the Credit-Anstalt f�r Handel und Gewerbe (CA) broke down and was saved by the Austrian government. Within days former CA-official Friedrich Ehrenfest was considered the main culprit of the break down. Investigations against Ehrenfest were started but during the next months it became clear that Ehrenfest couldn’t be punished under Austrian criminal law. Thus a new crime, embezzlement, was introduced retroactively in December 1931.

Keywords

Austrian criminal law; CA-crisis; Embezzlement; Friedrich Ehrenfest.

Daniela Buccomino: Old Practices, New Justifications. The Effects of transactio in criminalibus in the Age of Ius Commune

This paper is meant to reconstruct the crucial value attribuited to the institution of criminal transaction and its effects. For this purpose, an attempt will be made to emphasizethe indispensable role of legal science in the practical aspect of law, in a relevant moment to the political and institutional evolution of the municipalities of late medieval Italy. At the same time, the essay analyzes the implications of the relationship between doctirnal law and practical law during the period of Ius commune, through the analysis of some topical queaestione.

Keywords

Transactio in criminalibus; effects of transaction; public power and private autonomy; Albertus de Gandino; quaestiones disputatae; Ius Commune; Italy.

Vid �epiט: ‘Pandemic Criminal Law’ in Continental European Legal History

The article outlines the development of official criminal policy against the spread of infectious diseases, especially the plague, in continental Europe from antiquity to the end of the 18th century. The crimes and their punishments are presented on the basis of city statutes, early modern penal codes and contemporary legal doctrine. Surprisingly, even though European countries faced devastating plague pandemics, no significant criminal-law related state intervention in pandemics took place until the 16th century, except in a number of coastal cities of the Mediterranean and northern Italian cities. The prosecution of sanitary crimes was the business of sanitary magistrates, who were in charge of wide criminal jurisdiction. The ‘pandemic criminal law’ was characterised by harsh penalties resembling martial law, criminalisation of both commission and omission, intentional and negligent offences, and the departure from the principle of legality when it was already an established legal principle.

Keywords

Plague law; criminal law; Pestordnungen; pandemic; health magistrates; plague spreaders; Holy Roman Empire; Dubrovnik; Italy; quarantine; sanitary cordon; Roman law.

Lenka �mםdovב Malבrovב: On the Origin of One Roman Law Rule in the Moravian Legal Manual from the Second Half of the 14th Century

The Moravian legal handbook, Manipulus vel directorium iuris civilis, written by Jan of Gelnhausen in the second half of the 14th century represents an important source directly connected to the older Law Book of Jan the Notary (Brno, Czech Lands).  Manipulus reflects an extensive body of interpretive rules and definitions which his author, Jan of Gelnhausen, took over from some medieval manuscript including 16th and 17th title of 50th of Digest, an integral part of the Corpus iuris civilis. The aim of this paper is to introduce the section De regulis iuris et de verborum significatione, which includes the regulations adopted from those titles of Digest and reflects on the origin of one modified rule and its comment.

Keywords

Roman Law; Middle Age; Manipulus vel directorium iuris civilis; Jan of Gelnhausen; Rules of Interpretation; Digest; Corpus iuris civilis; Accursius; Municipal Law; Brno; Czech Lands.

Zdeעka Stoklבskovב: Die Sprache der Bilder in den Josephinischen Gesetzb�chern

The imagery in Emperor Joseph II’s codes of law has not been a subject of research, which is understandable to a certain degree. The copperplate engravings from the Josephine codes of law are probably not that interesting for art historians, but they are exceptionally attractive for historians and legal historians. These copperplate engravings visualize, often very critically, some of the published codes of law. The method of study is the “language of imagery” and the “language of text”. The language of imagery is understood as an expression of the ruling power, while the language of texts in the codes of law (as well as an expression of power) is held up here as a mirror in the form of the language of contemporary authors – i.e. a juxtaposition between the official meaning and the satirical texts written at the time. The title images of the codes of law of Joseph II and Leopold II might also be interpreted as a result of the “thawing” of censorship, as the subsequent codes of law of Francis I/II do not contain allegoric engravings.

Keywords

Legal history; The codes of law of Joseph II.; Legal iconography; Copperplate engravings; Joseph Georg Mansfeld; The Enlightenment; The Habsburg Monarchy.

Miriam Laclavםkovב, Tomב� Gבbri�: The Collective Agreement in the Interwar Czechoslovak Republic (Clash of Legal and Philosophical Ideas)

The article describes the transformation of legal thinking in the transition from liberalism to collectivism, respectively transition from the minimal state to welfare state, on the example of the development of legal regulation of collective agreements in the interwar Czechoslovak Republic. These changes affected alike jurisprudence, legal science and legislation, but it was ultimately the legislation that had to answer the questions that both theory and practice were reluctant to resolve.

Keywords

Collective agreement; interwar Czechoslovak Republic; liberalism; collectivism; solidarity; welfare state.

Jבn �tefanica: Selected Aspects of the Exchange and Removal of the Population of Hungarian Nationality from the Czechoslovak Republic

After the Second World War, the political representation of Czechoslovakia as well as Hungary had to deal with a difficult question concerning people of Hungarian nationality, who lived in Czechoslovakia. While the issue of the expulsion of the German population from war-torn countries was addressed at the European level, the issue of expulsion of Hungarian nationals from Czechoslovakia stood behind. This article attempts to address this issue in detail.

Keywords

Nationality; emigration; immigration; repatriation; Hungary; Czechoslovakia.

Grzegorz Nancka: Not only Roman Law. Political Activity of Leon Piniסski (1857–1938)

Leon Piniסski (1857–1938) was a professor of Roman law associated with the University of Lviv. His scholarly focus on Roman law was not his only area of activity. This scholar was also closely involved in political activity. Leon Piniסski was a governor of Galicia. It is interesting to consider whether his political activity in any way affected his scholarly achievements. It also seems interesting to look at how this scholar is perceived nowadays and whether his political activity contributed to it. The article uses the legal-historical method.

Keywords

Leon Piniסski; politics; Roman law; Lviv; Poland.

Jבnos Erdץdy: Protected by Lex Laetoria: Two Papyri of Roman Egypt and their Effect on Roman Law

Lex Laetoria was a Roman Act from about the turn of the 3rd and 2nd centuries BC, granting additional protection to adults under the age of 25. Amongst its primary sources the Tabula Heracleensis, a.k.a. lex Iulia municipalis (cf. FIRA I, 112), an excerpt from the Theodosian Code (C. Th. 8, 12, 2), and four papyri (BGU II 378, BGU II 611, P. Oxy. X 1274 and P. Oxy. XVII 2111) bear greater importance. These papyri are resourceful in the debate about the actual name of the Act (lex Laetoria versus lex Plaetoria). From a legal point of view, BGU II 378 and P. Oxy. X 1274 contain a petition and a contract or agreement, respectively, where the reference to lex Laetoria is part of a legal argumentation. Besides the actual case, these papyri are significant because they give a presentation of the quotidian social and economic life and practice of the Roman world in Egypt around the 2nd century AD. By examining and analysing the cases described in these papyri, we get a closer view to the everyday reality of Roman law. The characters involved in the cases bear Roman names, the cases take place in Hellenised Egypt, the correspondence is in Greek, yet Roman law measures are used to settle the disputes. We sense multiculturalism in these documents, without the awkward feeling of being unfamiliar to Roman Egyptian culture. This paper aims to catch a glimpse of Roman law in action by multicultural approach, and to provide an example of how Rome had managed to handle herself as an Empire.

Keywords

Lex Laetoria; lex Plaetoria; praetorian edict; exception; circumscription; minor; minores; protection of minores; Arsinoe; Alexandria; Oxyrhynchus; Faiyum Oasis.

Pבl Sבry: The Emergence of the Idea of Religious Freedom in Ancient Rome

It is well known that the so-called Edict of Milan, issued in 313, was a landmark in the religious history of mankind, because it declared for the first time the doctrine that freedom of religion belongs as of right to everyone. The present paper seeks to investigate the intellectual background of this famous edict. The emergence of the idea of religious freedom is linked to the persecution of Christians in the Roman Empire. This idea first appeared in the works of Christian apologists. It was Tertullian who firts emphasized that the free choice of religion is a natural right of every human being. This idea was previously unknown in the pagan world. Tertullian was a pioneering thinker because he was the first to be able to combine biblical theology with the natural law teachings of Stoic philosophy of law. Of the later apologists, Lactantius dealt with the idea of religious freedom in the most detail. Lactantius had a great influence on Constantine, who, together with Licinius, decided to issue the so-called Edict of Milan. The edict guaranteed everyone the right to choose their religion freely, but did not declare this right a natural right that the state could not restrict.

Keywords

Roman Law; State Religion; Religious Coercion; Persecution of Christians; Apologists; Tertullian; Lactantius; Natural Law; Religious Freedom; Edict of Milan.

Kristףf Szivףs: Das freie Vorbringen und seine Begrenzung nach der Kodifikation des ungarischen Zivilprozessrechts

The first Hungarian code of civil procedure was enacted at the end of 1910, after almost thirty years of codification. Previously, the procedural regulation based on the Austrian General Judicial Ordinance of 1781. The main aim of the legislator after the Austro-Hungarian Compromise of 1867 was to introduce a procedural order that bases on the principles of orality, immediacy, and publicity. As a result, the principle of contingent cumulation (Eventualmaxime) was replaced by the principle of unity of the cause which meant that the parties could submit new allegations and proofs until the closure of the last hearing. Thy study examines this new system and the tools with which the code of civil procedure tried to avoid undue delay. The main result of the study is the determination of the boundaries of the free submission and the circumstances of the application of sanctions against undue delay.

Keywords

Allegations and proofs; civil procedure; codification; contingent cumulation; free submission; oral hearing; preclusion; undue delay.

Norbert Varga: A Special Professional Authority of Cartel Supervision in Hungary: The Cartel Committee

The Hungarian Cartel Act of 1930 regulated the cartel supervisory authorities, with the primary task of making sure that the operations of cartels were on the right path in order to protect public interests and public well-being. Cartels should provide customers with public needs goods at an affordable price. The government of Hungary wished to ensure this by creating cartel supervisory authorities in cartel matters. Amongst the specialized cartel supervisory authorities, one must emphasize the Cartel Committee, with its primary task of establishing whether or not the agreements formed by cooperating companies contain cartel-like competition-limiting clauses. In my essay, I wish to describe the establishment, the organisation and the practices of the Hungarian Cartel Committee, based on the one of the most important archival sources related to the bakery cartel.

Keywords

Cartel law; Hungary; Cartel Committee; cartel supervisory authorities; bakery cartel; archives sources.

Orsolya Falus: The “Hungaricum” of the Crusader Orders: the Order of St Stephen

It was in the early 1970s that historiography "discovered" the Order of St Stephen, the “Stephanites”, the canonical order of the Hospitaller Crusaders of St Stephen, founded by King Gיza II of Hungary in the 1150s in honour of King St Stephen of Hungary (977-1038), crowned: , modelled on the European knightly orders already in existence at the time. The first archaeological evidence of the existence of the order was found in 1959 during an archaeological excavation in the Danube Canyon near Esztergom. The study examines the circumstances of the founding of the Order of the Stephanites, the administrative activities of the knights in “locus credibilis authenticus”, and their role in ֱrpבd-era Hungary.

Keywords

St Stephen; Stephanites; hospitaller crusaders; knights; administration; locus credibilis authenticus.

Andrבs Karבcsony: Heidegger on Hegel’s Concept of State

It is often said of Heidegger that he did not engage in political philosophy. However, the publication of his legacy reveals a brief period when he was interested in politics and the state. Specifically, we can refer to two seminars Heidegger delivered in 1933/34, when he interpreted Hegel's conception of the state and debated Carl Schmitt's theory of politics. This study focuses on Heidegger's interpretation of Hegel's conception of the state. The texts on which the analysis is based are seminar notes and transcripts, and as such, only reflect the questions Heidegger raised in his lectures. More definitive texts on the subject are not available, because neither did Heidegger teach any course addressing the relevant topic after 1935, nor did he publish anything on the subject in the later decades. Accordingly, this paper is a brief presentation of a unique episode.

Keywords

Hegel; Heidegger; state; politics; law; morality.

Sבndor Madai: Some Issues Regarding Fraud in the First Hungarian Criminal Code

The first Criminal Code is always of paramount importance in the life of a nation. Not only because written law, especially criminal law, has been in demand by society from the outset, but also because it is crucial for applying the law, the justice system must also adapt to this. The first Hungarian Criminal Code – the Csemegi Code – met this expectation. The following study focuses on one of the fundamental delicts of property crimes: fraud. We present the questions that the codifier had to answer, then the result of this thinking. Finally, we look at the first amendment to the Csemegi Code, which affected the crime in several respects. The study is based primarily on descriptive, historical and comparative methods, and we try to approach the subject of our study from a theoretical and practical point of view at the same time.

Keywords

Csemegi Code; Hungary; criminal law; codification; history of criminal law.

Jiרם Bםl‎: Papal Monarchy Challenged

The following article analyzes the power structures within the Catholic Church from a sociological and historical perspective, especially the power of the Curia in relation to the various national bishops' conferences and individual dioceses, but also in relation to the Pope, as it developed above all from the 19th century to have. Unlike the spirit of the Second Vatican Council, it is the Roman Curia, not the College of Bishops, that holds the real power in its hands. The bishops appear before the competent Vatican authorities more as supplicants than as confreres. The Curia is not even well organized internally. There are often no clear boundaries between competencies and no regular cabinet meetings between the heads of authorities. While one has long since learned in the secular area to use systems of separation of powers and mutual control in order to remain capable of learning as an organization, the Roman Church apparently believes that it can do without such „checks and balances”. As the sacred aura of the papacy fades, the institutional character of the church becomes more and more conscious, and in many ways it contradicts generally accepted socio-ethical principles such as the rule of law, subsidiarity, the participation of those concerned and administrative control. It looks as if the largest religious community in the world is ruled by a small group of old men who shirk human responsibility in the name of God and demand unconditional obedience from the bishops, priests and believers of the universal Church for their decisions, regardless of theirs Reasons and their plausibility on site. This increasingly calls into question the credibility of the church’s message itself.

Keywords

Centralism; popes; the Curia; the Vatican; church; council.

Zdeעka Koko�kovב, Monika Vבclavםkovב/Sedlבkovב, Jaroslav Pa�out (Hrsg.): Die Oberlandratsהmter im System der Besatzungsverwaltung des Protektorats Bצhmen und Mהhren und ihre leitenden Beamten  

Thomas Gro�: Verwaltung und Recht in antiken Herrschaftsordnungen. ִgypten, Assyrien, Athen und Rom im Vergleich

Christian Reiter: Einf�hrung in das rצmische Privatrecht. Ausgewהhlte Themengebiete und Fהlle

Thomas Gergen: Pfadfinden und Recht an der Saar. Rede anlהsslich der Gedenkfeier zur Erinnerung an die j�dischen Pfadfinder in St. Ingbert/Saar

Robert von Lucius: In memoriam. Prof. Dr. Michael Stolleis

100 Jahre F�rstlicher Oberster Gerichtshof des F�rstentums Liechtenstein – Ein Interview mit Universitהtsprofessor Dr. iur. Dr. phil. Thomas GERGEN, Maמtre en droit (Luxemburg)

Petra Zapletalovב: Report from the Conference “International Legal History Meeting of PhD Students”

Christian Neschwara: Beethovens Schicksal als „Migrant“ in Wien vor 200 Jahren: Vom Untertanen des Erzbischofs von Kצln zum צsterreichischen Staatsb�rger

Following his migration from Bonn to Vienna in November 1792, Beethoven's civil status had changed step by step: From being a subject of the Elector of Cologne living in the residence of the archbishop in Bonn, for the first he became a foreign (and soon a stateless) resident of Vienna, capital of the Archduchy of Austria (beneath the Enns-river). Finally, after the enforcement of the Austrian General Civil Code (ABGB) in January 1812, and a further decade later he became an Austrian citizen - in accordance with § 29 ABGB, because he lived in a German hereditary land of the Habsburg monarchy for ten years of uninterrupted residency. However, Beethoven can be considered an Austrian citizen at least since January 1st, 1822!

Keywords

administrative law; citizenship; civil law; french foreign rule; austrian General Civil Code; Habsburg monarchy; passport; residence.

Andrew Watson: The Origins and Development of the Cab Rank Rule for Barristers in England and Wales

In England and Wales and some other common law jurisdictions barristers are required to take instructions, sent through the intermediary of a solicitor, in any case provided it is in a field in which they profess to practise (having regard to their experience and seniority), subject to their availability, and payment of a proper professional fee. This is known as the Cab Rank Rule. The origins of this professional rule are traced with certainty to the end of the 18th Century. An attempt is made to locate earlier manifestations of the principles upon which it was built involving examination of cases and other sources in the 17th and 16th Centuries.

Keywords

England; Barristers; Cab Rank Rule; origins.

Lana Bubalo, �ejla Maslo ָerkiז: Protection of the Right to Honor and Reputation – A Historical Overview

The paper deals with the legal protection of honor and reputation through different historical time-periods. The available bibliography usually considers the issue within a specific time-period, such as the Roman times or the Middle Ages. Therefore, the aim of this paper is to provide a historical overview of the protection of the right to honor and reputation, from its initial recognition and protection within religious texts to the modern laws. In the classification of personality rights by parts of legal theory and international (human rights) documents, including the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), honor and reputation are not expressly recognized, but subsumed under the right to privacy. This paper attempts to show that honor and reputation have throughout history been acknowledged as inherent aspects of humanity and perceived as independent interests worthy of protection.

Keywords

honor; reputation; religion; privacy; personality rights.

Carlos Manuel de Morais Seixas Pires Sardinha: Regeneraחao, Economic Development and Public-Private Partnership in Nineteenth Century Portugal: a Legal Historical Example

In the second half of the nineteenth century one of the main goals of the conservative turning point of the Portuguese Liberalism called Regeneraחao was to intensify the Portuguese economic development against the background of a free market and a capitalistic understanding of freedom. In this article I am going to give an analysis of a Decree dated from May 6, 1852, a Decree to be executed by the Minister and Secretary of State for the Affairs of the Kingdom, Rodrigo da Fonseca Magalhaes, and the Minister and Secretary of State for Finance, Antonio Maria de Fontes Pereira de Melo, future President of the Council of Ministers of the Kingdom of Portugal and one of the most important politicians of the Portuguese Constitutional Monarchy. The Decree deals with the establishment of a railroad network that, starting in Lisbon to the Portugal-Spain border, was going to connect the Kingdom of Portugal with the rest of Europe making use of what we can call a Public-Private Partnership. My analysis will begin with the background of the Regeneraחao, that is, Liberalism, Setembrismo and Cabralismo, and the beginnings of the railroad in Portugal. We can say that the legislative work of Mouzinho da Silveira while abolishing most of the existing feudalistic burdens in the Portuguese economy did contribute for the formation of an expansive, capitalist internal market. However, the further development of this market was going to imply broad infrastructure programs, namely the construction of a railroad network. Because of the public finance problems in Portugal, namely the government deficit, financing these infrastructure programs would challenge the financial and legal thought of those responsible for these public works. It was during the Regeneraחao that Fontes Pereira de Melo provided a decisive impulse for public works, namely for the construction of a railroad network. The financial and legal thought underlying the above mentioned Decree can be described as an advanced program of Public-Private Partnership conceived with the goal of executing public works and building public property in a low-risk environment with a minimum use of public funds.

Keywords

Regeneraחao; fontismo; nineteenth century; Portugal; government deficit; railroad network; economic development; Public-Private Partnership; Europe.

Adriana �vecovב, Peter Gergel: Materiellrechtliche und linguistische �berlegungen zum Pflichtteil im geltenden Recht der Slowakei an der Wende vom 19. zum 20. Jahrhunderts bis 1950

The study presents the hereditary institute of forced share (Hungarian kצtelesrיsz, German Pflichteil), which was first standardized in Hungarian law applicable in its modern regulation in Slovakia (as an integral part of the Kingdom of Hungary) in the year of 1861, adopting the conclusions of the Judex-Curial Conference - Provisional Judicial Rules (§ 7 PJR). However, the Temporary Judicial Rules legislation in question was not finally approved as law, but as a written legal custom it remained part of the law of succession until the disintegration of Hungary in 1918, and it was shaped during the era of dualism by another judicial practice of the Supreme Court of Hungary. The study, exceeding the year of 1918, when the Kingdom of Hungary disintegrated and Slovakia as one of its legal successors became part of the first Czechoslovak Republic, will take into account the said reciprocal Hungarian, uncoded PJR regulation, which became part of the dual, Czechoslovak regulation of succession law in the territory of Slovakia until 1950. In the framework of a positivist approach to the topic, the authors first want to outline the valid substantive legal basis of the PJR, and then they are interested in taking into account legal discussions that developed with respect to this institute on the platform of proposed regulations concerning testate succession within the first codification proposals of 1882, 1900 and 1913.

Keywords

legitime; law applicable in Slovakia; dualism; inheritance law; Hungarian Kingdom; the First Czechoslovak Republic; forced share; civil code draft.

Adriבn Gajarsk‎: Enabling Powers of the Government of the First Slovak Republic from the Perspective of the Constitutional War Practice of 1939–1945

The legislative (and constitutional) powers of the Parliament in a democratic constitutional and political system should under no circumstances be undermined and diminished by the delegated or even substituting legislative activity of another state or public body, but in modern history forming in Slovakia and Hungary since the second half of the 19th century, there were extraordinary transients and events when it was necessary to transfer the exercise of this sovereign powers of parliament to another, usually the highest executive body of state power - the Government. At the time of the establishment of statehood, government legislation in war Slovakia in 1939–1945 could rely on the original general authorization of the Czechoslovak governments, which was granted to them by the Constitutional Charter of the First Czechoslovak Republic, as amended by several enabling acts. This factual and legal situation was followed up, under the Act No. 1/1939 of SC, at least nominally, by the newly constituted Slovak Government of J. Tiso, which similarly received the structure and content of the existing Czechoslovak legal order within the limits of the reception under § 3 of the said Act No. 1. As this Act had the nature of a constitutional law and also a temporary constitutional arrangement, it granted the Government of the Slovak State  unlimited enabling powers for legislative and executive government activities in § 4, thus allowing it to perform almost unlimited enabling legislation of the first Slovak Republic/State whose extent and quality from a theoretical and contemporary point of view is described in more detail in the presented descriptive analysis of this paper.

Keywords

Government of the Slovak State/Slovak Republic; enabling legislation; decrees with the authority of the law; fictitious Slovak Constitution; norm-setting; law-making; emergency measures; interwar Czechoslovak Republic; Parliament; non-democratic political regime.

David Kolumber: Disputes over Ownership of the Ba�a Empire

The article focuses on the disputes that occurred after the Second World War in the context of the ownership of the former property of Tomב� Ba�a, which was the basis of the Ba�a global concern. This concern was established in the 1930s with the participation of shell companies around the world which was the reason why legal disputes had been later nearly worldwide. In 1931, Tomב� Ba�a decided to present his ownership to his half-brother Jan Antonםn Ba�a. That issue had not been a problem until the end of the Second World War when Tomב� Ba�a’s son and wife started disputes and litigations about the ownership. Nationalization of part of the concern’s companies in Europe and the criminal repression of the concern’s representatives in the context of post-war retribution played out against the backdrop of a family feud.

Keywords

Jan Antonםn Ba�a; Tomב� Ba�a; Marie T. Ba�ovב; Tomב� Jan Ba�a; ownership; judicial disputes, taxes.

Milan Dobe�: Prostitution as a Special Form of the Offence of Social Parasitism in Socialist Czechoslovakia

This article aims to introduce the reader to the specifics of the social phenomenon of prostitution in socialist Czechoslovakia, with an emphasis on its punishment through criminal law. The first part of the article briefly characterizes the ideologically coloured perception of prostitution in socialist states and briefly outlines the development of criminal prosecution of prostitution in Czechoslovakia since the end of World War II. The second part of the thesis is devoted to an analysis of the crime and the misdemeanour of social parasitism which were most frequently applied against prostitutes as part of the communist regime's systematic efforts to suppress this social phenomenon. The third part is devoted directly to persons who practiced prostitution in socialist Czechoslovakia. Attention is paid to both homosexual prostitution and heterosexual prostitution, the latter being further divided into certain categories. In the third part of the text, examples from the contemporary practices are given for each category of prostitutes, in particular cases of the District Court for Prague 1 which punished prostitution as a form of social parasitism offence. The aim of this article is to present the specifics of particular cases of prostitution set in the contemporary atmosphere of socialist Czechoslovakia.

Keywords

Socialism; Czechoslovakia; Social parasitism; Heterosexual prostitution; Homosexual prostitution; Criminal law; Persecution of dissidents.

Marta Baranowska: International Organization as the Foundation of a Peaceful Order after the First World War in the Views of Szymon Rundstein

The research objective of the article is to seek answers to the question of how Rundstein envisioned the construction of the international legal order after the First World War. These reflections can be considered from the perspective of the history of political and legal thought, as Rundstein developed a doctrine concerning both the law and the ways of development of international politics. He created the concept of the idea of the law of nations. He believed that after the First World War, the conditions emerged to create an international organization, which he saw as the realization of the idea of the law of nations. Such an organization would have to have law-making powers to resolve disputes between states precisely based on the law it created. The conception of the development of international relations after the war and the creation of an international organization constitute worthwhile material that will complement research in the history of legal thought.

Keywords

Rundstein; the idea of law of nations; the rule of law; an international organization; the limitation of sovereignty; the history of legal thought.

Thomas Gergen: Volksmission und Politik an der Saar bei der Arbeit des Redemptoristenklosters Bous . Ein Blick in die Quellen von 1949 bis 1956

The monastery of Bous is closely connected with the early post-war history of the Saarland, its reconstruction and the path to the European Saar Statute of 1955. This article looks at the pro-European popular missions in the Saar in the context of politics at both municipal and state level, up to and including world mission.

Keywords

Politics; Monastery; Redemptorists; People's mission; Saarland; Saar Statute of 1955; Europe.

Mohammad Alipour: Evolution of Peace: from Social Value to Legal Axiom

Peace, as one of the transcendental values of human societies, has been undergone a complete transformation in the international community. This study seeks to find out the processes of evolution of peace in history of international law. The concept of peace, initially, has been considered as a social value that should be protected. At the early time, peace was understood as absence of war but without having legal enforcement, realization of peace could not be actualized. Thus, peace was upgraded to a legal norm to be more effective. However, since the norm of peace enjoyed the same degree of other legal principles, possibility of to be overridden by these principles has diminished function of peace. Hence, following the Second World War, norm of peace has been revamped to legal axiological maxim that not only has higher degree but also causes necessary changes in international order.

Keywords

peace; absence of war; humanism; States.

Lיnבrd Darבzs: Die Entstehung der Teilnichtigkeitsproblematik in dem antiken griechischen und rצmischen Recht

The important practical and doctrinal question of whether a legally objectionable flaw in a contract relating only to a specific part of the contract should deprive the whole contract of legal effect or the unflawed part should be recognised as viable, was also raised in the ancient laws that form the basis of modern law. Of course, partial invalidity did not evolve into a separate legal institution, but this issue was addressed in ancient Greek and Roman law and solutions were applied that are also useful for today’s modern legal systems. Tracing the origins of this issue in ancient Greek and Roman law will serve the better understanding of the rules of partial invalidity in modern legal systems.

Keywords

partial invalidity; history of invalidity of contracts; ancient legal systems; ancient greek law and partial invalidity; Roman law and partial invalidity; utile per inutile non vitiatur.

Adam Boףc: Some Issues of Gift Contracts (Donations) in Hungarian Private Law – from a Historical and Comparative Point of View

The author attempts to give an overview of the contract of gift in Hungarian private law. The study applies a very strong historical approach, since it summarizes the most important features of the development of this legal institute. The most important aim of the study is to identify those features of the contract of donation in the history of Hungarian private law, which are also applied by the current Hungarian legislation (Act No. V. of 2013 on the Civil Code of Hungary). The study also contains a couple of proposals for the eventual reform of the regulation of the contract of gift, as well.

Keywords

donation; contract; historical-comparative; civil law; Roman law; Hungary.

Norbert Varga: Lawsuits on Cartel Presentation Omission After the 20th Act of 1931 Came into Effect

In 20th century Hungary, the presentation and registration of cartel contracts were among the most vital factors in the legal operation of cartels. The Hungarian cartel act (the 20th Act of 1931) ordained the presentation of cartel contracts to the minister of trade. The operations of Hungarian cartel law can be reconstructed from judicial practices. However, the available memorials only contain the verdicts of courts of first and second instance, sources that contain the full memorials are rarities. Therefore the information found in the dispositional and reasoning segments of the verdicts shall provide assistance in the examination of the rules valid for material, but above all else, procedural law. My goal is not only to describe the rules of procedural law, but also legal practices based on archival sources in connection to presentation omission within the framework of this essay.

Keywords

Hungarian cartel law history; cartel procedural law; fining procedures; presentational obligation; cartel supervision.

Enikץ Kovבcs-Szיpvצlgyi: Die Jugendgerichtsbarkeit – als Eroberer der Rechtsgeschichte

The idea of the title that the juvenile court is the greatest conqueror of legal history comes from a work by renowned criminal lawyer Ferenc Finkey, who quoted Hastings H. Hart’s thoughts about the juvenile court. The Juvenile Court first appeared in Illinois, USA, in 1899, followed by most federal states and several countries on the old continent. The state- and legal life of Hungary, in the broader context of the Central and Eastern European states, is usually interpreted in the framework of the centre-periphery model. Without going into the issue of regulatory delay, it is worth noting that Hungarian legislation caught up with pioneering states with special criminal law regulations introduced in the early 20th century to establish the foundations for other treatment of juvenile offenders. The different treatment in this context refers to different rules from those for adult offenders. The law regulating the juvenile court as a special court entered into force in 1914, supplementing the substantive criminal law provisions with procedural rules.

Keywords

Hungarian criminal law regulations on juvenile offenders; juvenile court; criminal law; juvenile offenders; procedural reforms.

Andrבs Karבcsony: Additions to the Idea of Nature in Natural Law Thinking – Transition to Modernity

Natural law is one of the “eternal themes” in the history of the philosophy of law. It is difficult to say anything new on this subject. This paper offers a special perspective on the history of natural law by approaching it from a particular angle. The analysis focuses on the notion of nature as it is conceived or implied in the natural law concept. More specifically, it examines the topic in the immediate antecedents of modern thinking about natural law and in the modern era. The study also includes an excursus reviewing the changing meanings of the legal concept of natural law.

Keywords

Law; natural law; concept of nature; concept of law; modernity; religion.

Gergely Gosztonyi: Aspects of the History of Internet Regulation from Web 1.0 to Web 2.0

The time of the Internet from 1990 to 2000 can hardly be compared with the digital world in which we live today. For a long time in media histroy, we were talking about a one-sided, straight line of information from the content creator to the content consumer with a corresponding legal framework that has existed for centuries. The former legislation of the press was no longer able to fill the new modern framework of the Internet. This gave rise to the early myth that the Internet is a lawless space in which almost Wild West rules dominate. The study outlines the appearance of social media, the transformation of Internet communication, and the arc from Web 1.0 to Web 2.0, highlighting the difficulties legislators and regulators may face with this new medium.

Keywords

regulation, internet, Web 1.0, Web 2.0, lawless space, broadcast model, intercast model.

Dmitry Poldnikov: Overcoming ‘Cultural thesis’ in Comparative Legal Studies of Non-Western Societies: the Case of the Nineteenth Century Modernisation in Japan and Russia

A claim that law reflects culture holds the promise of explaining the success and failure of some societies to modernize their legal systems after Western patterns. However, recent socio-legal studies call for attention to other factors. This paper revisits the ‘cultural thesis’ with regard to Japan and Russia. Many scholars used to refer to the Confucian and Orthodox heritage to explain reluctant usage of the legal institutions and uneven effect of legal modernisation. However, this explanation restated biased stereotypes and failed to take into account such factors as rational (pragmatic) attitude, reaction to the design of legal institutions, and legal politics of the elites. The author traces the origins of the ‘cultural thesis’ in the works of the main protagonists, looks how it can be revised and contemplates a more adequate scheme to assess the weight of the factors that caused, facilitated or blocked legal changes in non-Western societies since the inception of their modernisation.

Keywords

Japan; Russia; cultural stereotypes; legal modernisation; factors of legal change.

Natig Khalilov: Codification of Civil Law in Azerbaijan: History, Current Situation and Development Perspectives

The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, sometimes the Civil Code is informally referred to as the “Economic Constitution”. At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, Azerbaijan through the codification of civil law has adopted the Civil Codes, far more than many other countries. At the same time, this article describes the drafting of civil legislation from scratch on the transition from a planned economy to a market economy after gaining independence in the 1990s. At the end of the article, the existing problems of the civil legislation of the Republic of Azerbaijan are discussed and a number of suggestions have been put forward for their solution.

Keywords

civil law; private law; codification; normative legal act; Civil Code; Pandect system; legal reforms.

Katalin Siska: Thoughts on the Role of the Mosul Boundary Commision of the League of Nations in the Mosul Question

On the 24th of July in 1923 the Treaty of Lausanne settled the borders of the Turkish state except one area: the oil-rich Mosul Vilayet, which was desired both by Turkey and Kingdom of Iraq (under British tutelage). The parts agreed that if within a year they cannot decide on the disputed area, they turn to the League of Nations for help. The three-member Boundary Commission created by the League of Nations started its work in August 1924, then on the 24th of October designated a temporary border the so-called “Brussels line” which was the former North boundary of the vilayet. Both parties presented their views to the League of Nations. Turkish experts have wanted a referendum in the area and outlined a final boundary at the Southern border of the vilayet placing Mosul under Turkish rule. According to the British – and the same Iraqi – proposal the referendum was unacceptable, as the area was strategically, geographically, economically and administratively too important and it was impermissible for an under-educated population to decide on its affiliation. Their experts proposed the Northern Mountain range of the area as final frontier because of its relatively small population and the area could have been well protected from a military point of view. The work of the Commission – who examined the historical, ethnographical, geographical, geopolitical facts and principles of the area – was the target of many attacks and therefore got significant press coverage. They were accused of bias towards the Turks. In my study, I collected and analyzed the contemporary Hungarian (who referred back also to the British) press articles with the information that can be extracted from the reports on the committee's work and their circumstances in order to get a clearer picture of the decision-making process and the events surrounding it, the role of the commission in the judgement, as there is no document from which the opinion of the members on the issue can be revealed.

Keywords

Mosul Vilayet; League of Nations; Hungarian Press; Republic of Turkey; Count Pבl Teleki.

Susanne Beck / Stephan Meder (Hg.): Jenseits des Staates? �ber das Zusammenwirken von staatlichem und nichtstaatlichem Recht

Julia Paschwitz: Verantwortlichkeit von Online-Archiven bei �berholter identifizierender Verdachtsberichterstattung

Christian Augustin / Thomas Gergen: „von Natur im Besitze des Gedankens selbst“. Elmar Wadles Auseinandersetzung mit dem gewerblichen Rechtsschutz und dem Urheberrecht im Deutschen Bund

Marek Kury³owicz: Rzymskie prawo oraz zwyczaje grobowe i pogrzebowe. Studia i szkice

Paul Bushkovitch: Succession to the Throne in Early Modern Russia. The Transfer of Power 1450 – 1725

Jiרם Bםl‎: Od Homיra k Alexandru Velikיmu. Boj o moc a prבvo v klasickיm ״ecku

Matthias Ehmer und Francesco Verrico: Einleitende Bemerkungen zu den Beitrהgen der Referentinnen und Referenten des XV. Jahrestreffens der Jungen Romanisten

On September 13th and 14th 2021 the University of W�rzburg (Germany) hosted the XVth Young Scientists Meeting on Roman Law. The following introduction sums up themes and presentations of the Meeting. A list of useful databases concerning the research on Roman Law, which was developed during our workshop, is also attached. After the introductory remarks three speakers present their essays, based on their presentation at the Meeting.

Keywords

XVth Young Scientists Meeting on Roman Law; proceedings; databases on Roman Law.

Istvבn Bajבnhבzy: Urkundenfהlschung im rצmischen Recht, Cicero als Schriftsachverstהndiger

Wax-tablets were often used as writing materials in the Roman Republic. They had a wide range of application, not only for contracts and last wills, but for bookkeeping as well. The soft wax was however not fully protected again the later modifications e.g. again the document-forgery. So special technic for the protection were developed: the so-called two-sided documents. But the documents used for bookkeeping remained one-sided open documents, so the later modifications were further possible, but not without any trace. Cicero found such forgery during his investigation for the preparation of his lawsuit against Verres, the former governor of Sicily, about extortion of the inhabitants of the province.

Keywords

Roman Law; Marcus Tullius Cicero; publicani; wax-tables; document-forgery.

Michael Binder: Procedural Peculiarities of the Lex Publilia de sponsu

The guarantor’s right to claim recourse was a frequently discussed topic among Roman jurists. However, limited information exists on the earliest legal remedies with which such recourse was accomplished. This article focuses on the first known legal act, the lex Publilia de sponsu, that granted the sponsor a recourse. In his institutes, Gaius mentioned the lex Publilia de sponsu in 3.127 as well as in 4.22 and the sponsor’s action against the principal debtor based on this law. Interestingly, in 3.127 he referred to the actio depensi and in 4.22 to the legis actio per manus iniectionem pro iudicato. For a better understanding of the origin and development of the sponsor’s right to demand recourse and its procedural peculiarities, an analysis of Gaius 3.127 and 4.22 is necessary.

Keywords

lex Publilia de sponsu; litiscrescence; actio depensi; legis actio per manus iniectionem pro iudicato.

Julia-Katharina Horn: Gaius libro septimo decimo ad edictum provinciale D.29,5,25 – Betrachtungen zum SC Silanianum in Gaius’ Kommentar ad edictum provinciale

Gaius libro septimo decimo ad edictum provinciale D. 29,5,25 �berliefert im principium ein praemium accusatoris aus der lex Cornelia de sicariis et veneficis, das an die Sklavenflucht im Anwendungsbereich des SC Silanianum angepasst wurde (Satz 2). D. 29,5,1 �bertrug diese Belohnung auf den Fall, dass jemand einen im Testament freigelassenen Sklaven einfing und anzeigte. Nach D. 29,5,25,2 wurde eine actio popularis gewהhrt, falls jemand ein Testament entgegen dem Senatsbeschluss geצffnet hatte. Die Quelle wirft zum einen die Frage auf, welche dieser Regelungen sich bereits aus der sullanischen lex Cornelia ergaben bzw. welche ein Weiterdenken unter den Voraussetzungen des SC Silanianum waren. Zum anderen stellt sich die Frage nach der Einordnung in den prozessualen Zusammenhang der quaestiones und den Verהnderungen der accusatio mit dem Aufkommen des Kognitionsverfahrens.

Keywords

senatus consultum Silanianum; ad edictum provinciale; Gaius; lex Cornelia de sicariis et veneficis; praemium accusatoris; praemii nomine; actio popularis; servus fugitivus; accusatio.

Rainer Nomine: Zur Geschichte des Frankfurter »Entwurfs eines deutschen Gesetzes zum Schutze der Urheberrechte an literarischen Erzeugnissen und Werken der Kunst«

The fight against pirate printing (»Nachdruck«) was one of the unresolved issues of the Congress of Vienna in 1815. Even after the founding of the German Confederation, the safeguarding of an intellectual achievement was and remained effectively left to the numerous individual German states, which pursued completely different political and economic interests in this area. With the dissolution of the German Confederation in the summer of 1866, the decades-long effort to create uniform legislation to protect copyrights in Germany also failed. Until the end, it was not possible to replace the more than thirty Land laws against reprinting, some of which differed greatly from one another, with a single standard. Based on the files of the Berlin Secret State Archives Prussian Cultural Heritage Foundation, this article traces the first and last attempt to enact a comprehensive German copyright law in the 1860s. It describes the voting process on the bill passed in September 1864 for a »law to protect copyrights to literary products and works of art« and names the reasons for its predictable failure.

Keywords

Frankfurt Draft of a German Law for the Protection of Copyright in Literary Products and Works of Art (»Frankfurter Entwurf«); German Confederation (Deutscher Bund); Copyright; (German) Federal decision of 9.11.1837 (on account of the establishment of uniform principles against reprinting); Pirate printing; Prussian Copyright Act of 1837; Royal Prussian Literary Experts Association.

Stefano Cattelan: Claims of Dominion and the Freedom of the Sea: Diplomatic Tensions between England and Denmark-Norway in the late Tudor Period

In the second half of the sixteenth century, Queen Elizabeth I of England (1558-1603) became a staunch supporter of the freedom of the seas, vigorously questioning Iberian closed sea (mare clausum) policies over the “Indian” oceans. At the same time, England faced longstanding Dano-Norwegian claims over the sea areas lying between Norway and Iceland. Even though such claims had weakened during the early sixteenth century, Dano-Norwegian royal decrees continued to prohibit foreign navigation north of Bergen. Frederick II of Denmark-Norway (1559-1588) complained multiple times about English trespassing and attempts to establish the Muscovy trade. Dano-Norwegian claims found new vigour with the accession to the throne of Christian IV (1588-1648). In reaction, the English government initiated a diplomatic exchange with Dano-Norwegian authorities, defending the right of its seamen to sail north to trade and fish, albeit under certain conditions. This paper explores the historical context and the legal arguments employed by English and Dano-Norwegian envoys during these negotiations. What was at stake was the changing balance of power between the two kingdoms, access to trade and fisheries.

Keywords

Diplomatic history; Early Modernity; mare liberum; mare clausum; Elizabeth I; Denmark-Norway; law of the sea; history of international law.

Ilya Kotlyar: Authentication and Evidential Force of Last Wills in Late 16th – 17th Centuries in Scotland, in the Light of the Ius Commune Doctrine

The article is based on the PhD research of the last wills, preserved in the Scottish archives. The article concentrates on the period immediately following the Reformation of 1560 and into the 17th century. This was a crucial period, when Scottish secular courts took over the jurisdiction over testaments from the pre-Reformation ecclesiastical courts, which was key to the establishment of the rules on authentication and evidential force of writings and especially of the last wills in Scots law. The article looks at these developing rules in the light of the contemporary Continental Ius Commune doctrine, noting both influenced and unique features of the Scottish practice. The method employed is the doctrinal legal historical method.

Keywords

Law of succession; Ius Commune; Scots law; law of proof; Civil law; Canon law; instruments.

Antonio Manuel Luque Reina: The Collapse of the Polisinodia: Institutional Reforms at the Last Crisis of the Spanish Catholic Monarchy (1834–1836)

This paper challenges the traditional commonplaces regarding the end of the jurisdictional governance structures of the Spanish Catholic Monarchy in the third decade of the 19th century. The so-called polisinodial regime, composed of the Councils, collegiate bodies several centuries old, apparently collapsed due to the most important political reforms following the death of Fernando VII, the last absolute Spanish King. In this paper, I will first examine how legal historiography has understood these institutional reforms and their actual impact on the dissolution of the former Councils, carrying out a bibliographical review. Second, I will show the role played by the Consejo Real de Espana e Indias in this process of disintegration of the ancient polisinodia and the emergence of the new Spanish Administration. In order to do so, I will examine and interpret unpublished archival documentation from various archives in Spain, such as the Archivo General de Indias, the Archivo General de Simancas, the Archivo Histףrico Nacional, and the Archivo General de Palacio.

Keywords

Spanish King’s Councils; Spanish Modern State; Administrative Law; Constitutional Law; Spanish Public Law; Spanish Administration.

Tony Murphy: Penal Transportation from Britain to Australia, 1788 to 1868: Four Phases of Penal Administration and Experimentation

This paper presents the history of penal transportation from Britain to Australia in relation to four distinct ‘phases’ of operation, each signifying a different context, and a series of different features of how convictism operated in Australia – the penological thinking, the nature of the colonies, and the conditions and systems of discipline that convicts found themselves within. The first decades of convictism in New South Wales (and Tasmania) have been described in some ways as a relatively benign system, founded upon an early system of convict assignment, and a series of legal, property and wage rights for convicts. That gave way to a tougher form of convictism, as the early assignment system transformed into a tougher form, alongside the rescinding of various convict rights, and a diminution of their status. That was then replaced by a system of probation, in the face of criticism of the assignment system. Probation was in turn halted as Britain looked to end transportation. Yet another chapter in the story of transportation from Britain to Australia emerged as settlers petitioned for the use of convict labour in Western Australia. That itself was soon ended as transportation gave way to the penitentiary as the main mode of punishment. The purpose of exploring this history is to signal the great complexity within how penal transportation operated in practice, and to set up future work via a natural experiments approach, which will consider such differences in more detail, and crucially, the implications of those differences for the colonies and convict outcomes.

Keywords

Assignment system; probation system; convictism; penal transportation; penology.

Fernando Liendo Tagle: A Spanish Legal Journal Defining the Centre and the Periphery: Revista de Legislaciףn y Jurisprudencia de Ultramar (1877–1878)

Overseas was present in the general Spanish press, but there was a special press of jurists. Since the Revista de Jurisprudencia was founded in 1856 in La Habana, as the first legal journal from Overseas, until the last ones published in 1898, we have a constellation of legal journals that allow us to see the changes in this domain of Law. The movement of legal journals followed a path of decentralization in three oceans throughout the century that made it possible to connect Madrid, La Habana and Manila. This article focuses on a specific title: The Overseas Journal as a medium in which Spanish jurists reasoned what law should apply in Spanish colonial possessions, which they termed Provincias de Ultramar (Overseas Provinces) or simply colonias (colonies).  The consideration of separate legal frameworks for the metropole and its peripheral territories, as evident throughout the pages of The Overseas Journal, demonstrates how distinct legal spaces within the same political entity were articulated. Legal communication within a trioceanic scope was at the service of the creation of this legal space dominated by exceptions. Thus, almost all the contents are aimed at contributing to the analysis and delimitation of this Overseas Law, a series of discussions with peninsular authors, and a certain form of social and legal organization that defended itself through commentary and its discursive reproduction.

Keywords

Legal Journals; Special Law; Nineteenth Century; Colonialism; Legal Scholarship; Imperial Studies; Spain.

Helena Moreno Galבn: The Bishop in the Didascalia Apostolorum

The article suggests a legal and historical study about the existence of the judicial activity of the bishops during the Ius Antiquum. This aim is achieved through the analysis and the study of the different ancient sources, which include the Didascalia Apostolorum, the first of the great sources of Canon Law; this book describes with details the modus operandi of the Bishop when serving as a judge. This text says that the main objective was the application of the evangelical justice, which overcomes the simple idea of reparation; on the basis of the sacred texts in which Christ invites us to forgive each other, we can foreshadow a new justice known as Lex Christiana, which combines the evangelical newness with the Roman legal experience.

Keywords

Didascalia Apostolorum; Ius Antiquum; Lex Christiana; Bishop; Ius Apellationis.

Marko Sukaטiז: Lex commissoria: from a Forbidden Clause in Roman Law to a (Contemporary) Debtor’s Welcome Relief

The lex commissoria, an agreement under which the creditor assumes ownership of the pledged property if the debtor defaults, was prohibited in the post-classical period of Roman law by the constitution of Constantine in the CTh 3,2,1 (CI 8,34,3). This article explores the possible substance of the lex commissoria in the classical Roman law of pledge as well as Constantine’s motive behind its prohibition, and compares it with that in the contract of sale. The impermissibility of the lex commissoria, as inherited from Roman legal tradition, had persisted in the contemporary Croatian legal system until recently. Under Directive 2014/17/EU, Croatia, as well as all other member states of the EU, transposed the permissibility of such a clause, albeit as limited to consumer housing loan agreements. From this canvas, the concluding remarks juxtapose the Roman with the contemporary lex commissoria and discuss the actual purpose and effect of the said prohibition.

Keywords

Lex commissoria; pledge; Roman law; Directive 2014/17/EU; consumer protection.

Ivan Kosnica: Deprivation of Citizenship Status in Croatia and Yugoslavia in the Aftermath of the Second World War

The paper deals with deprivation of citizenship status in Croatia and federal Yugoslavia, in which Croatia was one of federal units, in the aftermath of the Second World War. The main questions the author refers to are regulations and practice of deprivations and its implications on the concept of citizenship. The author concludes that in Croatia and Yugoslavia in the aftermath of the Second World War existed and were implemented wide deprivations of citizenship. According to the author, this situation reflected different definition of citizenship which was now defined more in republican and communitarian way.

Keywords

Croatia; Yugoslavia; citizenship; deprivation; revocation.

Hadrian Ciechanowski: Public Registers in the Kingdom of Prussia at the Turn of the 19th and 20th Centuries in a Systemic Perspective

The advancement of legal relations between citizens alone, as well as between citizens and the state, has forced the registration of specific facts. In the light of this, a variety of public registers have evolved. Although these registers often complemented one another and there was a flow of information between them, all in all, the literature does not recognize their systemic nature. A certain exception in this matter is solely represented by land registers and cadastre. That said, at present Poland is one good example that thanks to the use of data and computer technology there is an increasing integration of these formally dispersed registers. But it appears that even solutions from the nineteenth century can be seen and understood as a contemporary system. This claim shall be proven on the example of public registers kept in the territory of the Kingdom of Prussia from the second half of the 19th century. The research presented in the article was based on the system analysis method. On the other hand, the study was conducted with use of legal acts, literature and archival materials collected in Polish and German archives.

Keywords

Public registers; Kingdom of Prussia; Administration; System; Information flow.

Jakob Maziarz: Polish-Lithuanian Union and the Declared Equality before the Law in the Polish-Lithuanian Commonwealth

One of the cornerstone principles of the socio-political system of the Polish-Lithuanian Commonwealth was the principle of the nobility equality. Each nobleman – regardless of his wealth, religion and background – was vested with equal political rights. The nobility would often stress the importance of this rudimentary rule - an oddity when set against the background of contemporary Europe, where starkly hierarchized pyramids of aristocratic titles, both inherited and granted, were being formed. In the Commonwealth such titles never came to be and, as a rule, had never become well-entrenched. In the article, the author describes the legal status and its changes to the extent to which it concerned the admissibility of applying noble titles in the Republic of Poland. Although the principle of equality of the nobility existed until the end of this state, with time it had more and more exceptions, but still, it was an exception on the map of Europe at that time.

Keywords

Equality of citizens; aristocratic titles; nobility; Polish-Lithuanian Commonwealth.

Ewa Fabian: Poland: Study of Pre-War Court Cases Related to Freedom of Speech and Formal Logic

This article discusses a political and social scandal of 1936-1938 which included a trial for defamation (Polish: znies³awienie) based on an accusation of spreading Soviet propaganda in a Polish magazine for children (“P³omyk”). The judgments issued in 1936 and 1937 concerned freedom of the press and the right to formulate critical opinions in the public interest. The case is well preserved and as such could be analyzed in light of Polish jurisprudence of that era related to the concept of “proof of truth”. The issues identified in the judgments led to an analysis whether opinions can be assessed as true or false. Pre-war and modern jurisprudence related to freedom of speech was invoked to show how the matter of critical opinions evolved with relation to human rights. The pre-war Poland was also home to the Warsaw-Lwףw School of thought, including A.Tarski and his semantic conception of truth. Logical concepts related to the problem of truth (invoking also G. Frege and Z.Ziembiסski) are used in the article in an attempt at formulating a basic matrix for distinguishing opinions from non-opinions (the Value-Judgments Matrix). These may be used by judges and possibly in modern dispute resolution technology.

Keywords

Defamation; false information; Jan Brzechwa (Lesman); P³omyk; Polish pre-war jurisprudence; Soviet propaganda; Antoni Kwiatkowski; Alfred Tarski; Zygmunt Ziembiסski; logic.

Adolfo A. Diaz-Bautista Cremades: Actio Publiciana and Mancipatio

Mancipatio was the established way to trade res mancipi (slaves, italic soil and big animals), so if these things were delivered by traditio the transmission was invalid. This distinction disappeared before Justinian's compilation, generalizing the traditio as a mechanism for the transmission of all goods. This work discusses the possibility that the mechanisms for protecting the Praetorian owner (especially the actio publiciana) could have determined the disappearance of mancipatio.

Keywords

Roman law; mancipatio; res mancipi; tradition; property; trade.

Alexander Dmitrievich Strunskiy, Anna Pavlovna Kurabtseva: Scientific Heritage of the Russian Jurist, Sociologist and Positivist Sergey Muromtsev

The article is devoted to the analysis of the scientific and legal views of Sergey A. Muromtsev, who is the founder of the sociological approach in the Russian legal science. The influence of the philosophy of positivism and sociology, in particular the ideas of Auguste Comte, as well as ideas of Rudolf von Jhering on the legal theory of Sergey A. Muromtsev is revealed. The distinctive characteristics of Muromtsev’s sociological legal understanding are outlined. The major criticism of Muromtsev that is related to the legal doctrines of the school of the natural law and the German historical school of the law, as well as his proposals for the modernization of the legal science and practice are also highlighted. Particular ideas of Sergey A. Muromtsev are considered in the context of their comparison with the ideas of representatives of Social Legal Thought in Europe: Franחois Gיny, Emmanuel Lיvy, Phillip Heck and Eugen Ehrlich. Main ideas of Muromtsev about the judicial activism as an integral phenomenon of the justice, and the creativity of jurists as a huge driving force in the development of the law are considered. The article also provides Muromtsev's positions on certain issues of the legal practice that has made possible to understand more clearly how judges should take into account specific interests in the process of adjudication, in Muromtsev's opinion. The great importance of Muromtsev's ideas for the development of the Russian jurisprudence is noted. The authors indicate the relevance of some Muromtsev’s ideas for the modern jurisprudence and point at the advantages of teaching his sociological theory of the law at the law faculties.

Keywords

Sergey Muromtsev; Sociological Jurisprudence; Social Legal Thought; Russian Legal Science; Judicial Activism; Philosophy of Positivism.

Franti�ek Emmert: German Citizenship versus Protectorate Membership in the Protectorate of Bohemia and Moravia (1939–1945)

As a direct consequence of the Nazi occupation of the Czech lands in 1938–48, the institution of German citizenship (i.e., Reich citizenship as established by the Nuremburg Race Laws) was introduced in the Czech lands. Pursuant to newly promulgated German laws, ethnic German inhabitants of the Czech lands became citizens of the territorially expanding Reich in two phases, in 1938 and 1939. In the occupied Czech lands, ethnic Germans acquired the status of privileged citizens, but nonetheless their rights were significantly restricted by the totalitarian power of the Nazi state. In autumn 1939 more than three million people living in the Sudetenland, including come Czechs, became German citizens. After the establishment of the Protectorate of Bohemia and Moravia on 15 March 1939 the institution of German citizenship penetrated the Czech interior, where ethnic Germans comprised only 2 % of the population. For the Czech inhabitants of the Protectorate, the occupiers created a citizenship status known as Protectorate membership because, in the eyes of the Germans, the Czechoslovak state, and hence Czechoslovak citizenship, had ceased to exist. Czechs, who became Protectorate members, were denied »political rights« and the right to govern their own country. They became mere inhabitants of a territory. In 1939–45 two legal systems, one for Germans and one for Czechs, and two analogous administrative and judicial systems existed side by side in the Protectorate. Legal historians refer to this unusual situation as legal dualism.

Keywords

Protectorate Bohemia and Moravia; Third Reich; citizenship; political rights.

Istvבn Stipta: Cesare Beccaria: Von den Verbrechen und von den Strafen – die Rezeption des Werkes in Ungarn

The work of Cesare Beccaria Dei delitti e delle pene (“On Crimes and Punishments”) has become one of the most influential and canonized opuses of the world history of law. It opened a new era in the history of the European criminal law. Its basic theories possess great prestige in the professional debates of our days in criminal law, as well. In a sense, it has become a sort of fashion, thus, the eventual interpretations of its cited thoughts diverge from the text of the original work and the former content to be mediated. To a certain extent, every significant intellectual work has a similar destiny. That is why it is to be considered to return to the original source and to recall the circumstances of the development of the opus and its contemporary assessment. That is our endeavour to tackle that briefly when we review the response of Beccaria’s most important work in Hungary. In this essay we tackle the most important stages of the publication of the work, the Hungarian translations and the career history of the work in Hungary. Furthermore, the essay outlines the statements of the Hungarian science of legal history. It refers to the further possibilities of the scientific elaboration of the oeuvre, as well.

Keywords

Cesare Beccaria; On Crimes and Punishments; social contract; criminal justice; death penalty; utilitarism; Andrי Morelle.

Andrבs Biczף: Benedikt Carpzov’s Influence on the 18th Century Criminal Practice in Hungary – Analysis of a Legal Case from Debrecen

This paper is essentially founded on two observations regarding early modern periodical criminal law. On the one hand, according to the apparent consensus, the German (Austrian) law had a significant impact on the legal development of the Central-Eastern European region and the marks of these effects can be detected in Hungarian criminal practice as well. On the other hand, the minority age as a relevant circumstance in criminal litigation was a momentous factor concerning the improvement of modern criminal justice. Due to these assertions, my reseach is based on the “arsenal” of classical and text-related jurisprudential methodology (especially using interpretatio grammatica and systematica) is confined to provide insight into Benedikt Carpzov’s influence on the criminal case law of one crucially important city located in the eastern part of Hungary (Debrecen) in the middle of the 18th century. “Carpzovian-effect” is going to be descriptively illustrated through the analysis of minority age. One legal case chosen among the criminal praxis of Magistrates of Debrecen is going to be dissected with regard to presenting a few contemporary aspects of minority age. This is not an overall case note, since certain procedural parts of the criminal proceedings picked out of the archival file of the legal case on the strength of the research goals are going to be elaborated. The paper aims to demonstrate the noted Saxon legal scholar’s emergence in the criminal case law of Debrecen as well as to scrutinize minority age with particular respect to the mitigation of punishment.

Keywords

Benedikt Carpzov; minority age; mitigating circumstance; incendiarism; criminal case law; criminal jurisprudence; doli capax; poena extraordinaria; arbitrium judicis; Hungary.

Pבl Sבry: Regulation of the Relations between Jews and Christians in Roman Law

Even the pagan Roman emperors issued a number of decrees concerning Jews and Christians. However, the regulation of the relationship between Jews and Christians did not begin until after the Constantinian change. The Christian emperors ruling in the fourth to sixth centuries sought to achieve the following three main goals in this area: (1) promoting the conversion of Jews to Christianity; (2) hindering the conversion of Christians to the Jewish religion; (3) elimination of hostility between Jews and Christians. For the first purpose, the rights of Jews were restricted (for example, they were excluded from public offices). Jews who converted to the Christian faith received special legal protection. For the second purpose, the conversion of Christians to the Jewish faith was declared a crime. Jews were forbidden to keep Christian slaves. Mixed marriages between Jews and Christians were prohibited. For the third purpose, Christians were forbidden to abuse Jews; attacking, looting and setting fire to synagogues was severely punished. Jews were also strictly forbidden to violate the Christian religion.

Keywords

Roman law; Late Roman Empire; Imperial legislation; Religious policy; Christianization; Jews; Proselytism; Christian slaves; Synagogues; Religious violence; Protection of public order.

Engjell Likmeta, Katrin Treska: Crimes Against Jugdes in Albania. Juridical Defense of Justice Officials Provided by the Criminal Law

In this paper, the authors aim to make a historical overview at the provisions of criminal legislation in Albania, in defense of officials of the justice system, and in particular judges. The authors in this paper will focus firstly on the regulations made by the Albanian customary law, on the legal protection offered to the officials of the judicial system during the monarchy, during the period of communism in Albania, to look closer, provisions of the current legislation in force. Also, in this paper the authors will focues on a general overview of official statistical data, which highlight the number of cases of criminal prosecution and persons convicted of criminal offenses against judges and the justice system in Albania.

Keywords

Judge; Justice System; Criminal Code; Albania.

Christian Baldus, Giovanni Luchetti, Massimo Miglietta (a cura di): Prolegomena per una palingenesi dei libri ‘ad Vitellium’ di Paolo

Andrבs Fצldi (Hg.): ײsszehasonlםtף jogtצrtיnet (Vergleichende Rechtsgeschichte)

Wolfgang Bohnen/Lena Haase (Hg.): Kontrolle, Konflikt und Kooperation. Festschrift 200 Jahre Staatsanwaltschaften Koblenz und Trier (1820–2020)

Ulrike Andersch: Die Diskussion �ber den B�chernachdruck in Deutschland um 1700 bis 1815

Julia Dreyer: Die florentinischen Autoren- und Druckerprivilegien wהhrend der Herrschaft der Familie Medici

Gerhard Reinhold: OTTO-Glocken. Familien- und Firmengeschichte der Glockengie�erdynastie Otto

Jan Lundberg: Der Fu�ball als Teil des Grundversorgungs- und Funktionsauftrags des צffentlich-rechtlichen Rundfunks

Edward Cavanagh (ed.): Empire and Legal Thought. Ideas and Institutions from Antiquity to Modernity

Javier Belda Iniesta: The Canon 8 of Nicea and the Legal Status of the Adulterer. A Review in the Light of the First Conciliar Literature

This study intends to offer a historical-legal overview of the conciliar ecumenical and local texts and of the canonical sources of the ius antiquum Concerning the concubinage and the adultery and the admission of the people in this situation to the sacraments. Through an utroquistic reading of the sources and of the related historical, social and legal context, a historiographic analysis of the topic will be proposed by demonstrating that the admission of the concubinaries or adulterer to the sacraments does not constitute a form of abuse or violation of Tradition; on the contrary, the sources analysed constitute proof of the ability of the Church of the first millennium –whose ambitions are not distant from the one of the Church of today – to include in a harmonious dialogue between Justice and Mercy the problems and the concerns that are present in the society of a specific historical moment, always having the social and the spiritual well-being of the community of the faithful as its aim. 

Keywords

Concubinage; adulterer; admission to the sacraments.

Ivo Cerman: Natural Law and the Rights of Man in France before the Revolution 

Elaborating on recent works on the merits of the physiocrats, we ask whether the interest in the rights of man could also be traced in the legal sciences and whether French legal scientists applied the secular natural law of the ‘school of the north’ (Grotius, Pufendorf). There was a French tradition of ‘ordre naturel’ which drew on Domat and Montesquieu, which instigated the refashioning of Roman law by Bourjon, Pothier and others, who focused on the rights of persons. However, the ‘school of the north’ made some impact. It was thanks to a reinterpretation of history that French lawyers managed to push through the idea that equality, rather than inequality, should be seen as the normal status of persons. Several reform projects in higher education were continued after 1789 with an effort to use natural law to interpret the Declaration.

Keywords

Natural law; Jean Domat; Montesquieu; Human rights; serfdom; absolutism.

Konrad Graczyk: Die Todesurteile und die Propaganda. Die hהrtesten Urteile des Sondergerichts Kattowitz (1939–1945) und deren Ausnutzung in der lokalen Presse

The article is devoted to the propaganda use of the Special Court's death sentences in Katowice during the Second World War. It outlines the statistics on the use of the death penalty by the special court. The provisions regulating the judiciary's operation of press centers, which were a vital link between the judiciary and the press, were discussed. Then the practice of announcing the execution of death sentences imposed by the Special Court in Katowice was presented, based on archives illustrating the court's activities and a query of the local press during the Second World War. The research covered both the practice of using the characteristic red posters informing about the executions and the use of newspapers for this purpose. The press inquiry results were discussed in detail, taking into account the content and form of press releases. In summary, an attempt was made to answer the question to what extent the discussed Katowice practice differed from the practice of proclaiming death penalties in other regions of the territories incorporated into the Reich, in particular in Poznaס and £ףd�, and to estimate the impact on the propaganda on the Upper Silesian population.

Keywords

special court; Upper Silesia; Sondergericht Kattowitz; propaganda; death penalty.

Hubert Mielnik: The Role of the Legal Theses of Polish (non-German) Courts of Appeal in the General Government (1940–1944)

The present article highlights the role of legal theses issued by Polish (non-German) courts of appeal in the General Government. The German occupiers abolished the Supreme Court in the General Government. In the Polish (non-German) judiciary sector, there was no court of the highest instance to ensure the unification of jurisprudence. The competence to ensure the uniformity of jurisprudence and resolve existing doubts and legal issues was transferred to the courts of appeal. The article further indicates the legal nature of the legal theses in the General Government, the role assigned to them and the statistics of their issuance. Archival sources constitute the source basis of the work. We also resorted to the latest subject literature. The work is based mainly on the analysis of archival sources and legal acts, so the scientific methods typical of the history of law were applied.

Keywords

General Government; Nazi law; Nazi judiciary; The Second World War; Polish (non-German) judiciary.

Tomasz Dolata: The Impact of the Germanic and Romanesque Model of Combating Unfair Competition on the Legislation in Inter-War Poland (1918–1939)

The first country that decided to regulate the issues of combating unfair competition in a specific statute dedicated to this phenomena (1896) was Germany. The so-called criminal method of regulations was used. Other legislations, including but not limited to, Austrian, Czechoslovakian, Norwegian or Yugoslavian followed the German model. A completely different system was introduced and developed by the French lawyers who relied on the civil concept of combating this phenomenon. A characteristic feature of the French solutions was the lack of a specific statute devoted to the repression of this phenomenon. In addition, by way of skilful application of the provisions of the Napoleon Code the French case law and doctrine have construed a very comprehensive model for combating unfair competition. This model was based on the subjective right, which was the right to clientele. All actions violating the subjective right sanctioned by the Act were unlawful and constituted the basis for initiating a civil complaint, i.e. for instigating claims against the infringer. The French model constitute inspiration for, among others, Belgian, Italian, Spanish and Bulgarian legislation. The first Polish Act on Combating Unfair Competition of 1926 combining both the French and German model of combating this phenomenon seems interesting. However, an attempt to simply assign the Polish statute to the French or German model must prove unsuccessful because the Polish legislator, while devising the Polish law, reached for legal measures characteristic for both the French and German structures of repression of this phenomenon. This is the civil method of combating unfair competition based on the relevant subjective right–the ownership right in an enterprise as an intangible asset which is common to the Polish and French model, while the German model has been brought closer to the Polish law due to the concept of regulating this phenomenon by means of a specific statute, casuistic list of unfair competition activities supported by the use of general clauses, a separated criminal-law part in the Act containing a similar catalogue of offenses set out in the Act.

Keywords

unfair competition phenomenon; combating unfair competition models in 20th-century European legislation; German model of combating unfair competition; Romanesque model of combating unfair competition; Polish Act on Combating Unfair Competition of 1926.

Jaromםr Tauchen: Das Handelsrecht und seine Entwicklung im Protektorat Bצhmen und Mהhren (1939–1945)

This article focuses on the state interventions in the sphere of commercial law in the Protectorate of Bohemia and Moravia during the years 1939-1945. Protectorate citizens (the Czechs) were mainly governed within the scope of commercial law by the Austrian Commercial Code of 1863, inherited from the Habsburg monarchy, which received only minor alterations. During the war, the Minister of Justice had wide powers to enforce restrictions or waive certain limitations when it came to commercial law, which was mainly justified by public order concerns and the environment of the war economy. The article takes note, among other issues, of the changes in corporation law, obligation law, patent law or securities law. During the existence of the Protectorate of Bohemia and Moravia, an entirely new system of regulation was also introduced for promissory notes and cheques.

Keywords

Protectorate of Bohemia and Moravia; Third Reich; private law; commercial law; Austrian Commercial Code; corporations; securities law; patent law; promissory note law.

Andrej Bele�, Martin Gregor: The Criminal Punishment of Sexual Abuse in the First Czechoslovak Republic and its Effects on the Subsequent Development of the Legal System

This article reviews the punishment of the sexual abuse of juveniles in the law of the Czechoslovak Republic (1918–1992). It maps and traces the development of the constituent elements relevant to the sexual abuse of juveniles and analyses the reasons for the changes that they underwent. It proceeds in stages from the issues raised by the Austrian Criminal Code of 1852 and the Hungarian Criminal Code of 1878, which were taken over in the territory of the “First Czechoslovak Republic”, through the definition of this class of crimes in the Draft Criminal Codes of 1926 and 1937, to the legislation on sexual abuse in socialist criminal law and the relevant provisions of the criminal codes of 1950 and 1961.

Keywords

sexual abuse; crime; criminal law; Czechoslovakia.

Rףbert Jבger: Great Moravian Statehood as Viewed by the History of State and Law

The article describes the issue of viewing Great Moravia as a state. The first part of the article describes when and how the term "state" was used for Great Moravia for the first time in legal-historical literature, as well as how other authors view Great Moravia and what defining features of the state the authors used. The article further points out that currently the basic features of the state are considered (in a simplified form) state territory, population, power and law, and seeks to find these defining features in the conditions of Great Moravia. He points to the fact that the use of the term state for medieval power structures is a neologism, unknown to the language and the thinking of the people at the time (including lawyers). At the same time, the author poses a question about the meaning of applying modern legal definitions to medieval formations. At the end of the article, the author points out how the understanding of the history of Great Moravian statehood could be changed or supplemented. The author proposes to mitigate the exactness of determination of the "beginning" and "end" of the Great Moravian statehood by 833 and 907, and also points to the problem of integrity of the territory of Great Moravia (with reference to the impossibility of merging the hereditary domain of the ruling Moymirid dynasty, with controlled or more freely affiliated territories).

Keywords

Great Moravia; State; Statehood; Hereditary Features of State; Public Administration.

Anton Guzhva: Codex Civilis pro Galicia Orientali 1797: Creation and General Characteristic

The article considers the history of creation, structure, language and style features of the Civil Code of Eastern Galicia 1797 – one of the first codifications of private law in Europe, which served as the basis for the creation of the Austrian General Civil Code (ABGB) of 1811 later. The idea that the Code is a product of Roman law reception, without losing certain features of feudal law. To characterize the language and style of the Code, the author of the article used the Latin edition of the text. Based on the general nature of codification processes at the time of the creation of the Code, as well as on the role of the Latin language of the Age of Enlightenment, the article attempts to substantiate the emergence of the Latin version of the Code.

Keywords

Civil Code for Eastern Galicia; codification of civil law; Civil Code of Austrian Empire; reception of Roman law; the history of civil law of Europe; Habsburg Monarchy; age of Enlightenment.

Vasil Gorbachov: Prosecutor in Criminal Cassation Proceedings of the Russian Empire

The article deals with the normative regulation and practice of participation of the Prosecutor's office in cassation proceedings in the Russian Empire after the judicial and military-judicial reforms of 1864 and 1867. The author analyzes the Prosecutor's office's right to appeal against court sentences in cassation and its restriction in the military department. The article considers the practice of making cassation protests by the Prosecutor's office, their effectiveness, as well as the existing shortcomings in this activity. The author also analyzed the issues of the participation of ober-prosecutors in the consideration of cassation protests and complaints in the Governing Senate. The article uses historical-legal, formal-legal, comparative-legal, statistical and other special research methods.

Keywords

judicial reform of 1864; military-judicial reform of 1867; prosecutor's office; cassation protest; ober-prosecutor; conclusion; cassation proceedings; Governing Senate.

Lיnבrd Darבzs: Teilnichtigkeit in der deutschen Privatrechtsgesetzgebung der Neuzeit vor dem BGB

As a general rule, Article 139 of BGB, which entered into force in 1900, declares the entire contract invalid if the cause of invalidity affects a specific part of the contract. Although this is a consistent solution by the Code that follows the liberal ideal, it cannot be supported by the development of legislation before BGB. In reality, the solution offered by BGB means a steep break from partial German codifications which can be regarded as its forerunner. The partial regulation of contacts was specifically present in all late modern German legislative endeavours. In these, a broad recognition of partial invalidity and the rescue of the entire contract are manifested as a trend in legal development. Thus, organic German legal development would have required maintaining the entire contract and restricting the withdrawal of legal effect to the invalid part of the contract only. Therefore, Article 139 of BGB is more of a strong reflection of the idea of private autonomy, and less of an organic consequence of German private law codification in the modern era.

Keywords

Partial invalidity; Private law legislation bevor BGB; History of invalidity of contracts; Consideration of partial invalidity in late modern period; Codex Maximilianeus Bavaricus Civilis; Preu�isches Allgemeines Landrecht; Badisches Landrecht; Sהchsiches BGB; Dresdener Entwurf.

Istvבn Sבndor: Remarks about the History of Foundations

The aim of this study is to show what changes have been made to the original causes and functions of the foundations. Accordingly, we briefly review the roots and history of foundations and the latest trends, the emergence of the private foundation. The legal construction of the foundation has undergone significant change in legal history and one of the primary benefits was the formation of private foundations. Private foundations in many cases can pursue economic and commercial purposes, even carrying out asset management activities and they are specifically suited to asset separation, making them important legal tools for asset protection. In addition, the study analyzes in detail how the foundation emerged in continental European private law gained ground in some Anglo-Saxon countries.

Keywords

foundation; foundation company; pia causa; private foundation; Salmann; wakf.

Jףzsef Pallo: The Evolution of the Hungarian Csemegi Code from the Aspect of Early Criminal Policy (1908–1948)

The Hungarian Csemegi Code, which was the first act – in a modern sense – that – obviously besides being a substantive law – had provisions that addressed questions related to the execution of its contents, was a milestone in the development of Hungarian criminal law. The vivid development (emanating from the urging will to reduce the gap between Hungary and the more developed countries, the progressively strengthening economy and the escalation of relevant correctional academic literature) apparent during the three decades that followed 1880 also resulted in a more lucrative period for the field of corrections as well. While towards the end of the 19th century, the classical school of correctional science mostly revolved around the questions of security, discipline, infrastructure and technical issues while being less focused on actual legal questions, the effects of the positivist school – by the 20th century – have seeped into its framework, resulting in the introduction of the so-called personality-influenced individualization, aimed at reducing the chances of recidivism and thus avoiding committing repeated offences. This process is symbolized by the several amendments made to the original Csemegi Code. Present study will address this historical and legal development arc in a more detailed manner.

Keywords

Csemegi Code; Hungarian legal development; criminal law codification; criminology and criminal law; correctional (penal) law; general experiences.

Zoltבn J. Tףth: The Death Penalty in Hungary during the Enlightenment and the Reform Era

The present paper reviews the history of capital punishment in Hungary from the second half of the 18th century until the middle of the 19th century. This is an important period on the road to the abolition of capital punishment in Hungary (as well as in the enlightened countries of Europe) during which the death penalty would not be abolished, but its use would become exceptional for ordinary crimes. For extraordinary crimes, mainly in martial law regulations, however, it remains applicable, and, in these cases, it is even used in an extended manner. This can be observed in Hungary especially in the months of the revolution and war for independence of 1848-1849, and in the years of retaliation that followed it.

Keywords

Hungary; capital punishment/death penalty; Hungarian absolutism; abolitionism; Enlightenment; Hungarian revolution and war for independence of 1848-1849; martial law.

Jףzsef Benke: Antikes, mittelalterliches und gegenwהrtiges im Privatrecht. Rצmische ‚eigentumsrechtliche‘ Kasuistik hinter dem in Azos Brocardica aurea erschienenen und im geltenden ungarischen BGB als allgemeines privatrechtliches Verbot neu kodifizierten Adagium von „venire contra factum proprium nulli conceditur“

This contribution investigates how the great achievements of the Roman Antiquity in the field of private law survived in the oeuvre of the Middle Ages’ Legists and then how they were preserved these days’ modern codifications. The example and nonetheless the temporal middle point, through which the paper examines the continuity of legal thoughts was the 13th century Brocardica aurea elaborated by the meaningful Bolognese glossator, Azo Portius. The opus contains an adagium, according to which „venire contra factum proprium nulli conceditur“, i.e. “no one shall act contrary to his or her previous conduct”. The proverb was established on many cases mainly located in Emperor Justinian’s Digest and Codex. The paper classifies many of these cases into the genera of modern legal notions, and analyses detailed some of them belonging to the contemporary private law category of property law. These cases showed that the ancient Roman requirement of bona fides had as strongly dominated even some basic rules of Roman Law as clearly determined the Art 1:3 § 2 of the new Hungarian Civil Code in effect that: “The requirements of good faith and fair dealing shall be considered breached where a party’s exercise of rights is contradictory to his previous actions which the other party had reason to rely on.”

Keywords

bona fides; venire contra factum proprium; Brocardica aurea; Azo Portius; good faith and fair dealing; General Principles of Hungarian private law; survival of Roman law institutions.

Gergely Deli: The Use and Abuse of Legal History. On the Nature of the Censorial Regimen Morum

The paper analyses the nature of enforcement within the censorial regimen morum (CRM) in Ancient Rome by taking into consideration various Latin legal and literary sources. It comes to the conclusion that CRM could be seen as a transitional institution in a system which evolved from a formerly domaninant collective or decentralized to a more centralized enforcement. It also enriches the debate on the concept of law through historical insights by claiming that a social order can meaningfully called a legal order only if centralized production and enforcement of norms had been already added to the consensus of some commonly shared values.

Keywords

collective punishment; decentralized; enforcement; centralized enforcement; regimen morum; legal order.

Endre Domaniczky: Historical Development of the Hungarian Regulation on Special Legal Order

In the context of the 2020 pandemic, the regulation and content of the special legal order has come to the forefront of attention around the world. A similar thing happened in Hungary, but while new rules and legal concepts were developed to deal with the pandemic, there was a need to explore and present the historical background of the national regulation. This article presents the changes in the Hungarian regulations concerning the special legal order from the beginning to the communist takeover after the World War II.

Keywords

Special Legal Order; Emergency Powers; Pandemic; Hungary; Austria-Hungary; Interwar Period; WWI; WWII; communist takeover.

ֱrpבd Olivיr Homicskף: The History of The Reformed Law Academy of Kecskemיt (1875–1949)

In my study I would like to present The History of The Reformed Law Academy of Kecskemיt. For centuries, the Reformed Church in Hungary operated a law academy under the wings of its ancient college. So, the question rightly arises: Why was it considered important by our church? Since Calvin, in the hearts of Reformed people there has always been an attachment to law, what is more, respect for law and legislation. We do not know how long Calvin had been pondering his career choices and what motivated him eventually to choose the legal profession. However, one thing is certain: he could not have given us his main work, Institutio – the system of Christian religion – without the knowledge of the precise and regulated system of law. “Steely new order, victorious teaching!” – writes Lajos ֱprily about the Institutio in his poem Kבlvin. The poet praises not the jurisconsult but the Genevan preacher… Do we need a more worthy foundation for the Reformed law academies?

Keywords

History; Reformed Church; Reformed Law Academy; education; Hungary.

Bashkim Rrahmani: History of Constitutions and the Organization of Constitutional Courts in Kosovo

Three constitutions determined the power of state authorities, state institutions, its political and judicial status and its inner developments during half of a Century. Consequently judicial review was developed based on these three constitutions. These constitutions were adopted in different socio-political circumstances: the first one equalized position of Kosovo within the federation; the second one was a basis of a unique system – parallel system during the dissolution of federation and the third one served as a basis for creating the state of Kosovo. In the same way the judicial review was developed, since these constitutions regulated the issues of judicial courts and the judicial review. The author of this paper, using the method of political analysis, method of legal analysis, method of historical analysis, etc., analyzes Kosovo constitutions, circumstances on which these constitutions were adopted and judicial courts and their historical role of Kosovo development.

Keywords

Kosovo; constitution; court; judicial review; system; history; constitutional framework.

Jiרם Bםl‎: Conception of Law in Works of Earlier Founders of Modern Social Thought

This article presents a theoretically driven and research oriented vision of law on the basis of a discussion of the major accomplishments in this sociological and philosophical specialty since its initial formu¬lation by the classics and its further development in the era of early modern science. Law constitutes one of the basic regulative mechanisms of social behavior of individuals, social groups and the whole society. It is, however, not only a normative feature, but also a social one. Legal theory approaches law as a branch of social life, it studies the relationship between law and society, analyses law in its social facticity, its real effect on social relations. A model of law is offered that is driven by the central theoretical questions of the social discipline as they have been addressed since the classic contributions in the works of Max Weber, Emile Durkheim, Eugen Ehrlich etc. Nevertheless, sociological issues connected with law were dealt with by many more sociologists and legal theoreticians, such as Herbert Spencer, William Graham Sumner, Georg Simmel and Ferdinand Tצnnies. This discussion thereby also addresses a variety of selected empirical themes that have been fruitfully addressed in early modern research on law and that have contributed to our understanding of the place and role of law in society.

Keywords

sociology; society; law; science; jurisprudence; government; freedom; ideology.

Kerstin Rupp: Sozialer Wandel und soziale Stellung in Chinua Achebes Things Fall Apart sowie Kazuo Ishiguros Remains of the Day – Teil II.

The following text deals with the topic social change and social standing in the novels Things Fall Apart from Chinua Achebe and The Remains of the Day from Kazuo Ishiguro. Both authors describe the change in parts of the Nigerian rather English society within a range of three generations. Achebe concentrates on a period between the middle of the 19th up to the beginning of the 20th century. He concentrates on the ethnic group of the Ibo. Considering exogenous factors like colonialism and missionary efforts as well as endogenous factors he describes the fundamental changes within the tribal society. Ishiguro`s novel, beginning at the end of the Victorian Age, observes the changes in the English class system through the eyes of a loyal butler. Two world wars accompanied by radical social change result in big, formerly inconceivable, changes in social hierarchy.

Keywords

Chinua Achebe; Things Fall Apart; Tribal Society; Nigeria; Colonialism; Imperialism; Missionaries; Ibo; Kazuo Ishiguro; The Remains of the Day; Social Change; Social Position; Status; Hierarchy; England; Class System; Diary; Upper Class; Middle Class; Lower Class; Butler; First World War; Second World War.

Peter Dinzelbacher: Das fremde Mittelalter. Gottesurteil und Tierprozess

Bart Wauters / Marco de Benito: The History of Law in Europe. An Introduction

Meder, Stephan (Hrsg.): Geschichte und Zukunft des Urheberrechts II.

A�mann, Jaron: Zwischen Weltanschauung und Wissenschaft. Staats- und verwaltungsrechtliche Promotionen an der Berliner Fakultהt von 1933 bis 1945 bei Reinhard Hצhn, Carl Schmitt und Hans Peters

Giacomo D’Angelo, Monica De Simone, Mario Varvaro (a cura di): Scritti per il novantesimo compleanno di Matteo Marrone

Urszula Kiciסska: W tym osieroconym stanie. Pozycja wdowy w spo³eczeסstwie szlacheckim w Rzeczypospolitej (od schy³ku XVII do po³owy XVIII wieku)

In memoriam. Hans Hermann Seiler (* 24. 12. 1929 – † 16. 6. 2019) (Elke Herrmann)

Julian Lubini: The Free City of Danzig and its Higher Administrative Court (1920–1935)

Judicial protection against administrative measures has long represented the core of the European rule of law.  This control mechanism was nothing new to the Free City of Danzig, which had previously belonged to Prussia and been subject to its modern administrative jurisdiction. However, the system in Danzig had to be completely reorganised in 1920 when the city was transformed into an autonomous state according to the Treaty of Versailles. While the legal culture in the Free City of Danzig has thus far received only occasional attention in academic circles, the administrative jurisdiction of the city-state has been entirely overlooked and much has been forgotten. This is perhaps because Danzig’s special constitutional status was a popular subject of academic debate at the time; in addition, the Free State of Danzig ultimately disappeared from the agenda of international politics with the dissolution of the League of Nations on 18 April 1946.  Nevertheless, this topic is now attracting renewed interest among contemporary researchers. The Danzig Higher Administrative Court, its legal basis, its organisation, its rulings and the political debate surrounding the court itself all shed light on an intriguing episode in the history of Danzig, one that reflects how the Free State upheld the rule of law and reveals how the court even struck down measures taken by the National Socialists. Since very little is known about the Danzig Higher Administrative Court and its files are believed to have been lost in the war, it was necessary to draw from very scattered and often poorly accessible sources in order to provide the following general overview.

Keywords

Free City of Danzig; League of Nations; Third Reich; Public administration; Administrative jurisdiction; Administrative law; Tax Law; Association law; Right of assembly; Ernst Ziehm; Max Dolle.

Valerie Zatloukal: Max Kasers „Rצmisches Recht als Gemeinschaftsordnung“ und die „Krise des rצmischen Rechts“ unter der NS-Herrschaft

Because of its supposedly very pronounced individualism, the National Socialists stood in opposition to Roman law, as expressed in article 19 of the NSDAP program of 1920. However, long before 1920, Roman law was already denied any community idea by the representatives of the Germanic branch of the historical school of law and was rather presented as purely individualistic. The "Germanic-German law", which was essentially social, was regarded as the positive counterpart to Roman law. This view was then taken over by the National Socialists in the 20th century and utilized for their ideology. Howev-er, the opposite was found by renowned jurists such as Fritz Schulz (1934) and Max Kaser (1939) – namely that Roman law was not as individualistic as was believed to be. This article will first give an overview about the beginnings of the criticism of Roman law in the 19th century. After this, the criticism of the NS-regime and its impact on the science and teaching of Roman law will be discussed. At the core of this work stands the analysis of Max Kaser’s "Roman law as a community order", his biography and his relationship with the Nazi authorities in particular. Finally, it will be examined to what extent his the-ories have prevailed in today's science and teaching.

Keywords

Roman Law; National Socialism; Community Law; Individualism; Anti-Semitism; Histo-ry of Science.

Carmine Galloro: Die Umsetzung des rצmischen Privatrechts im Vצlkerrecht

The purpose of this issue is - without claiming to be exhaustive, to put in evidence the influence of Roman law and the consequent phenomenon of the reception of its private law structures into the international law system. The post-Justinian era will be used as historical element to analyze the development of ius gentium over the centuries: praetores deputed for settling cross-border disputes often resorted to that law through the iurisdictio peregrina, since they adopted in their interpretation and application activity typical instruments of ius privatorum, i.e. analogia, aequitas, interpretatio, etc. Although it was a category of ius publicum, the “international law” then regarded operational instruments based on civil elements: this is the characteristic that still fascinates today and over time was assessed and rediscovered by several lawyers.

Keywords

International law; Roman law; ius gentium; private law; reception.

Carmen Lבzaro Guillamףn: Conflict Resolution by Consensus in Roman Law: Historical Approach to Mediation

Mediation is currently considered the new paradigm in conflict management, transformation and resolution. It is, indeed, a modern legal institution, but perhaps the Roman experience that serves as its foundations has been forgotten. In Roman law the parties could agree to end a dispute or prevent it from starting through transactio, that is, through consensus. It was the magistrate with iurisdictio who was in charge of leading or facilitating the management of that conflict, a competence that is reminiscent of that of today’s mediator. Thus, the essential interest of this work is the analysis of Roman legal sources and the reinterpretation that glossators carry out in order to offer the historical-legal iter of mediation.

Keywords

Mediation; transactio; consensus; conflict management; Praetor; Curule Aediles; mediator.

Theodore Kazazakis: The Advocates in Byzantium during 12th Century according to “Ecloga Basilicorum”

The concept of rule of law is interlinked with the presence of advocates, as protectors of the interest of their clients. Advocates existed in Byzantium and their status and organization were linked to the rise and decline of legal studies. Most of our knowledge about the role of advocates in Byzantine legal system comes from the Justinian era and his codification of Roman Law, in contrast to the period of 12th century with the decline of secular lawyers and the rise of canon law, where there are scattered passages in legislation and literature about the role of advocates, their practice and their obligations towards the state or their clients. The aim of this note, dealing with the role of advocates in Byzantium during that period is to show how the profession of advocates has been evolved in that period, what where the requirements to become one, what was their legal training, their organization and their status, their daily practice of law and their legal ethics, based in the provisions of “Ecloga Basilicorum”, a legal text of that period, used and commented mainly about the court system and the judges serving it.

Keywords

Advocates; Ecloga Basilicorum; the requirements of being an advocate; women; handicapped; clergy; Jews; heretics and foreign people; practicing of the law and legal ethics; secular and church courts.

Ivan Milotiז: Arbitration Agreement of 1535 between the Habsburgs and the Venetians

In 1535 the Habsburgs and the Venetians attempted to settle peacefully their boundary disputes which were constantly going on in northern Italy and Istria. They arranged arbitration to achieve this goal, of which there are two substantial archival records, one preserved in the State Archive Venice and the other in the Austrian State Archive Vienna. This paper will primarily analyse how and in which circumstances the arbitration agreement was made and specific clauses which were utilized. In most of the arbitration agreement’s content the disputants did not design the arbitration of 1535 genuinely. They preferred to employ the pre-existing means (concepts, principles, institutes and terminology) of dispute resolution which were pertinent to Roman law and later cultivated on its ground by the Roman-canon law of the Middle Ages. The author specifically addresses these influences on the arbitration arrangements of the Habsburgs and the Venetians of Trident of 1535 because these were two disputants with substantially different (even incompatible) legal traditions and views how the legal system should be developed. The arbitration agreement of 1535 represents one of the earliest examples in the history of international law how the two heavily confronted territorial-political units of the time attempted to resolve their dispute by using a rational means rather that by resorting to warfare.

Keywords

The Habsburgs; the Venetians; boundary dispute; arbitration; arbitration agreement; mediation; the Trident arbitration of 1535; Roman law; Roman-canon law.

Hadrian Ciechanowski: The Polish Civil Status Registration System – the Longue Durיe of the Prussian Idea

In the article, the author writes about his conception of the longue durיe of the civil status registration system in Poland. Its modern history began in 1874 while the Prussian administration established State and secular registry office at the territory of the West Prussia. The basic principles of the civil registration system are its secular state character, the corpus of information gathered about citizens and its connection with the lowest level of local administration. The most surprising and unknown is that they have not been changed by communist and even after 1990 in free Poland until today. The Prussian model of registration has survived two wars and several changes in the political system and statehood as well as the digital revolution. The article is based on legislation, historical and administrative literature and archival holdings. During the research, the author used historical methods, first of all, bibliographic and comparison methods.

Keywords

Public registers; civil status registers; state archives; administration; the history of Poland; the longue durיe.

Istvבn Novבk: Entwicklung des Kirchenrechts im 20. Jahrhundert. Zur Auswirkung des Sהkularismus und des Pluralismus auf die Entwicklung des Kirchenrechts am Beispiel des Eherechts

In this study, I attempt to illustrate the impact of the trend of secularism and pluralism that the Catholic Church has encountered in legal codification. It can be stated that the Church, after a long period of the 19th century, had to face the problems of legal codification which triggered a reaction in the daily housel and in the whole ecclesial paradigm. Secularism promoted codification while pluralism helped to start a dialogue between the secularized world and individual denominations. The example of this was most prominent in marriage law, in which the validity, existence, appearance of civil marriage, and the institution of divorce related to it raised new questions and moved church law to a new direction of thinking. The first codification was published at the beginning of the century, the second, still valid at the end of the century. I refer to the development of marriage law and its present-day phenomena in this study.

Keywords

Codification; church law; marriage law; secularism; pluralism; dialogue.

Zsolt Pfeffer: The Development of Modern Budgetary Law in the European Legal Culture

The states have to use public funds. It is a fundamental problem how can a state acquire money for fulfilling its obligations and tasks and how can it spend these funds properly. Basically two sides can be separated and scrutinized: the expenditures and the revenues. During the historical development the monarchs had fundamentally the power to make decisions in fiscal questions: they could prescribe taxes (contributions) and spend money without any restriction, public finances and the private wealth (expenditures) of the ruler weren’t separated. Later the orders and the parliaments vindicated different rights to restrict the power of the monarchs: they could offer the taxes and since than the rulers couldn’t impose taxes without their contributions. These very important restrictions appeared in different fundamental laws (for example in the Magna Charta Libertatum in England). It was very essential that the expenditures should be controlled as well. The next huge step was accordint to that the acquisition of the right to make detailed prescriptions on the field of expenses. In constitutional democracies many legal resources regulate the field of budgets in modern states: different principles and detailed provisions prescribe the requirements of acquisition and the spending of funds. The current financial decisions appear in the annual detailed budgets which are accepted and their execution are controlled by the parliament on the base of publicity and transparency. This paper scrutinizes the development of the legal frames of the budgets.

Keywords

Budget; budgetary law; expenditures; revenues; taxation; Hungary.

Judit Balogh: How to Make a Civil Code: Plans and Drafts of General Rules in 19th-century Hungarian Private Law

Civil law was traditionally divided into three parts by lawyers, in Hungary as well. The distinction was based on Roman law, creating the classical distinction of ‘personae – res – obligations.’ The 19th-century literature on pandect law theoretically proposed that the above mentioned division is not suitable for the classification of civil law regulations, and consequently a new, more accurate definition and “system” should be set up. Late-19th-century codification followed this new approach, so in the new codes substantive laws of inheritance gained space, and in some codes a substantial “general chapter” appeared as well. In 1866 the Hungarian parliament set up a codification committee which launched a sub-committee in order to establish the procedure of the codification work. Professor Pבl Hoffmann was commissioned by the minister of justice to process the general chapter of the new code based on the statement of the above mentioned ministry department. Hoffmann was the first modern professor of Roman law in Hungary. His works mainly reflect the historic law school of Savigny and Puchta, which also defined his view on the general chapter. Hoffmann’s work received several criticism, which, as it has already been mentioned, generally praised it but also highlighted on the drawbacks in order to amend the draft. As a result the final version of the draft was accepted by professionals, which, naturally, was still to be amended, but as a “first draft” it could serve as a starting point for further modifications. The question of the general chapter re-emerged in 1873. The newly prepared general chapter undoubtedly matured on its predecessors deficiencies: Elek Gyץry left behind Hoffmann’s original approach and he created a thoroughly selected collection of norms, from the aspects of volume, effectiveness and also stylistics. The idea suggesting that a code requires a chapter which contains the basic principles relevant for the whole code, persisted until 1895, the third wave of the codification process, when the editing members of the permanent codification board unanimously voted down the necessity of the general chapter. Consequently, the draft of the civil code, which was finally finished in 1900, did not contain a general chapter. The procedure involving the general part can be listed among the few examples which justify that Hungarian legislation could choose its independent way, and it did not become the slave of the German rules. The Hungarian legislation has not felt a problem up to this day which should have been mended – either by adapting the pandect system.

Keywords

Civil law; codification; Hungary; Pandektensystem; general rules; general part; late 19th century.

Adam Boףc: Comments on Some Important and Current Problems of the Law of Succession in Hungary – Considering Historical Aspects

The study provides an analysis of the most current issues of the law of succession in Hungary. The paper takes into consideration the regulation of the New Civil Code, also paying attention to the historical traditions of this part of the civil law in Hungary, referring to the roots in Roman law, too. The paper tries to identify and introduce the challenges, with which the law of succession is facing in the 21st century either in Hungary or in Europe. The author attempts to demonstrate the differences of the regulation between the former Civil Code (Act No. IV of 1959) and the new Civil Code (Act V of 2013). The essay pays attention to the economic factors of the law of succession, referring to the most important social phenomena of the recent decades. The study also analyses the most important findings of the case law in Hungary, as well.

Keywords

Law of succession; last will; substitute succession; new Civil Code; historical aspects; Hungary.

Norbert Varga: The European Roots of Hungarian Regulation of the Cartels Special Attention to the Foundation of Cartel Supervisory Public Authorities

Society was fundamentally affected by the contemporary economic and political systems between the two world wars, and the law responded by regulating already existing, but not yet codified legal institutions. The result of the freedom of contract and association, the establishment of free trade was that members of economic life used every legal method available to take advantage of the current economic situation, and create corporations with the main purpose of limiting competition in order to optimise production and to increase prices and with it, profits. In this era, most European countries, including Hungary introduced cartel regulations. Hungarian regulations were mostly affected by Austrian and German cartel law edicts, and the main purpose of my essay is to provide a terse description of these.

Keywords

Codification; First Word War; Austrian Koalitionsgesetz; German cartel decrees; Hungarian Cartel Act; Hungary.

Olga Lysenko: Ehe- und Familienrecht in der byzantinischen Ekloge (8. Jahrhundert) mit Blick auf rצmisches, orientalisches und Kirchenrecht

Eclogue of the 8th century is an important legacy of Byzantium law, whose innovative features not only shaped the law of Byzantium, but also had a significant impact on the evolution of law in other countries.  Adopted in the era of "iconoclasm" and "legal innovation", the Eclogue was influenced by an array of legal systems, including Church law - canons of Ecumenical Church ?ouncils, Rules of the Holy fathers of the Orthodox Church, etc. Family law and marriage norms occupy a special place in the Eclogue. The present article analyzes the main institutions of marriage and family law: betrothal, conclusion and dissolution of marriage, personal and property legal relations of spouses, legal relations of parents and children, etc. The article focuses on the factors that shaped these law inststitutions, while highlighting most relevant issues of the current scholarly debate on the topic.

Keywords

History of Byzantine law; Eclogue; marriage and family law; Church law; Roman law; Church Councils.

Volodymyr Kyrychenko – Olena Sokalska: Western Penitentiary Tradition in the Kingdom of Poland

This historical and legal study deals with the experience of modernizing the prison system in the Kingdom of Poland in terms of Western penitentiary tradition. Despite the loss of statehood, the Kingdom of Poland managed to develop a modern, humanistic penitentiary concept based on the leading foreign ideas and the experience of prison reform, implemented it into life and became one of the best practical models for other countries. The authors tried to focus on the Polish prison reformers’ systematic approach in developing the prison reforms, on the interconnection of their contributions, which were based on the world’s most advanced practices. It is the complex discourse that made it possible to reconstruct and objectively evaluate these authors’ personal contribution. The authors identified the sources of selected penitentiary concepts, which allowed eliminating inaccuracies that had occurred in the modern historiography.

Keywords

Kingdom of Poland; imprisonment; Julian Niemcewicz; Fryderyk Skarbek; house of correction; penitentiary concept; foreign experience; prison reform.

Tetiana Syroid – Oleksandr Havrylenko – Alona Shevchenko: Foundation for Criminal Law in Antique States of the North Black Sea

The arlicle reveals peculiarities of the foundation of criminal law in the antique states of the North Black Sea region, on the basis of monuments of law, narratives and other sources. It is emphasized that the basic elements of criminal law came to Chersonese, Olbia, Pantikapaeum and other polises mainly from the legal system of the Athenian state through the metropolises – Heraclea Pontic and Miletus. Attention is paid to the common features and features of the system of crimes and punishments in the North Black Sea polises and the Greek metropolis. The authors believe that the formation and strengthening of the foundations of ancient criminal law was accompanied by the parallel development of its philosophical and attitudinal reasoning. It is concluded that already in the second half of the 1st millennium BC the North Black Sea polises had a complex and extensive system of notions of crime and punishment. Attention is drawn to the fact that the concepts of “crime” and “offense” were not distinguished in legal opinion at that time. Punishments in the North Black Sea city-states were understood as measures of state coercion against the offender, which were the result of the offense. The purpose of punishment was the desire to exclude in advance the commission of acts undesirable for the state and citizens. Thus, the understanding of crime, the system of crime and punishment in the North Black Sea polises largely coincided with those existing in other Hellenic states, although there were some differences due to local specificity.

Keywords

Antiquity; polis; criminal law; crime; adikiya; official crime; crime against religion; punishment; atimiya; exclusion.

Keltis Kruja – Engjכll Likmeta: Historical and Legal Aspects of Heritage Law in Albania

Through this paper, the authors go through a historical overview of the heritage institute in Albania. From the customary law, to the provisions in force of the current Civil Code, heritage has had different treatments by Albanian society. How this institute has evolved from a region to another, from one system to another, will be the focus of the authors in this study. It also aims to remind the importance of this institute, which according to the rules applicable at different time periods, has brought its economic consequences even today to the Albanian real estate.

Keywords

Heritage; civil law; customary law; Albania.

Markus Hirte: Von der Folterkammer zum Rechtskundemuseum – Die Geschichte des Mittelalterlichen Kriminalmuseums in Rothenburg

The following article highlights various facets of the Medieval Crime Museum, which is located in the heart of the middle franconian town of Rothenburg ob der Tauber. In addition to a deep insight into the museum’s history, which goes back to the end of the 19th century, the reader is given additional insights into the structure and functioning (operation) of the museum. So it is explained, how the permanent exhibition was redesigned after the turn of the century and also the important role of constantly changing special exhibitions for cost coverage. Furthermore, various new cultural mediation formats are shown, that enable the museum to compete in the leisure and wide-education offering. Finally, the article shows, which areas of tourism are covered by the Medieval Crime Museum and how these are reconciled in order to meet the wide-ranging clientele of visitors. As a tourist destination, the museum covers two fields of tourism: history tourism on the one hand and thanatourism on the other, whereby the focus is not on the “horror factor” but rather a balance between entertainment and education.

Keywords

Legal history; history of the museum; criminal trail; criminal law; sentence; Middle Ages; early modern period; exhibition;  historic tourism; thanatourism; family attraction; museum as a hoard of knowledge; education; symposium; academic teaching; entertainment; broad visitor clientele.

Kerstin Rupp: Sozialer Wandel und soziale Stellung in Chinua Achebes Things Fall Apart sowie Kazuo Ishiguros Remains of the Day – Teil I.

The following text deals with the topic social change and social standing in the novels Things Fall Apart from Chinua Achebe and The Remains of the Day from Kazuo Ishiguro. Both authors describe the change in parts of the Nigerian rather English society within a range of three generations. Achebe concentrates on a period between the middle of the 19th up to the beginning of the 20th century. He concentrates on the ethnic group of the Ibo. Considering exogenous factors like colonialism and missionary efforts as well as endogenous factors he describes the fundamental changes within the tribal society. Ishiguro`s novel, beginning at the end of the Victorian Age, observes the changes in the English class system through the eyes of a loyal butler. Two world wars accompanied by radical social change result in big, formerly inconceivable, changes in social hierarchy.

Keywords

Chinua Achebe; Things Fall Apart; Tribal Society; Nigeria; Colonialism; Imperialism; Missionaries; Ibo; Kazuo Ishiguro; The Remains of the Day; Social Change; Social Position; Status; Hierarchy; England; Class System; Diary; Upper Class; Middle Class; Lower Class; Butler; First World War; Second World War.

Tommaso Beggio, Aleksander Grebieniow (Hrsg.): Methodenfragen der Romanistik im Wandel. Paul Koschakers Vermהchtnis 80 Jahre nach seiner Krisenschrift 

Tamבs Antal: The History of the Royal Appeal Court of Szeged between 1890 and 1950 

Anna-Bettina Kaiser: Ausnahmeverfassungsrecht 

Ulrich Loewenheim, Matthias Leistner, Ansgar Ohly (Hrsg.): Urheberrecht. Kommentar 

Martin Avenarius, Christian Baldus, Francesca Lamberti, Mario Varvaro (Hrsg.): Gradenwitz, Riccobono und die Entwicklung der Interpolationkritik 

Sebastian Stepan: Scaevola noster

The Research of Hungarian Cartel Supervision (Norbert Varga)  

50 Years of Prבvnלhistorickי studie (Kamila Stloukalovב)  

Reflections on the Genesis of the Moravian Vineyard Rules (Jiרם L. Bםl‎)

Christian Neschwara: „Zur�ck in die Zukunft“: ײsterreichs staatsrechtliche Zeitreise im Jahr 1945“

In the course of 1945 a striking change of the constitutional status happened in Austria: At Easter, when the Red Army was crossing the border in the southeast of Austria, the way was paved for terminating the national-socialist rule, which was in effect since the „Anschlu�“ in March 1938. Austria, now renamed „Ostmark“, perished as a subject of international law, it was totally integrated in the organisation of German Empire. In 1940 the historical structure of Austria’s Lהnder was completely modified with the establishment of „Reichsgaue“, following the pattern of the territorial structure of the NSDAP. Due to the Declaration of the Allied powers in autumn 1943 at Moscow about the re-establishment of Austria’s sovereignty the way was paved for an independent state authority in her eastern Lהnder - with personal benevolence from Stalin. On behalf of the Soviet occupation forces the formation of a Provisional State Government took place, consisting of members delegated by the new antifascist political parties under the leadership of Karl Renner; he served as State Chancellor. Citing the Moscow Declaration, they ordered to set up Austria „in the spirit of the Constitution of 1920“. Lacking democratically legitimated organs a Provisional Constitution had to take the place of the Federal-Constitutional Law of 1920. At first Austria was built up as a decentralized unitary state. Following the occupation of the western national territory of Austria by the western Allied forces until summer of 1945, in the course of Lהnder-conferences in September the agreement of the political parties in western Austria was reached about the legislative activities taken by the Provisional State Government at Vienna. Due to the recognition by the Allied Committee in October 1945 the Provisional State Government was able to organize general elections in next month. After appointment of all organs provided by the Federal-Constitutional Law the Provisional Constitution was abrogated in December 1945; this did not meet the approval of the Allied Council, due to his demand to draft up a new constitution. The constitutional change was accompanied by an abruptly renunciation of Austrian citizens from the former self-image based on the idea of 1918 about belonging to the German nation, which was replaced by a growing attention to a new awareness about Austria as their nation.

Keywords

Allied Committee in Austria; Allied Control in Austria; Allied Declaration on Austria 1943; Austrian Federal Constitution of 1920; Austrian Provisional Constitution of 1945; Declaration on Austrian Sovereignty; Denazification; Moscow Conference 1943; State Symbols; Transfer of Constitutional Law.

Andrew Watson: Changes in American Court Advocacy during the Long Nineteenth Century: Classical Influences, their Decline, Similarities and Comparisons with England and Wales

Important alterations in the style and content of court advocacy occurred throughout the common law world in the Nineteenth Century. This article turns to the United States, where a sea change in advocacy took place, and to similarities and differences with England and Wales. Matters considered include: influences of Greek and Roman classics and rhetoric in late Eighteenth Century and first half of the Nineteenth Century America and their decline thereafter; key changes in evidence and procedure; discussion whether advocates should be allowed to express belief in the causes of their clients and later adoption of professional rules forbidding the practice; granting accused persons the right to give evidence on oath; the presence of expert witnesses in court; the introduction of plea bargaining procedure and the origins of bench trials.

Keywords

Court Advocacy; Changes; Nineteenth Century; America, England; Comparisons.

Brenno Bianchi: The Courage of Beccaria: the Disruption of “On Crimes and Punishments” in the Climate of the “Son-of-Fear’s Law” in Bellum Exulum

The Fear of trial was a tried and tested tool of the legal systems of the old regime: a fearful response to the fear that pervaded society. In this context, Beccaria found the courage to go against the common thought of its time denying the goodness of the death penalty as an element of criminal justice. The philosophers of the time such as Voltaire and Kant, and even jurists such as Facchinei, Vergani and Giudici from Milan or as the Neapolitan Gaetano Majo (1757-1817) were all in favor of the death penalty. Starting from Majo, I followed the Neapolitan path to illustrate how fear was considered a necessary element in a literal war on brigandage and how, from the sixteenth century onwards, “increasingly terrible” measures were taken against highwaymen, until was decided to adopt against them the modules of the trial ad modum belli. It was then born a centuries-long spiral of a Law that might be seen as a fear’s son, which facing the increase of crimes made the punishments even more terrible, but thus increasing the very crime that was wanted to fight: in a vicious circle to which Beccaria found the courage in opposing.

Keywords

Beccaria; On Crimes and Punishments; fear; death penalty; XVIII Century; XVII Century; Kingdom of Naples; bellum exulum; highwayman; ad modum belli; bandit; law son of fear.

Javier Belda Iniesta: “Una cum capite suo”: the Relations between the Pope and the Council from the 4th to the 9th Century

During the centuries of the ius antiquum, the history of the ecumenical council and the establishment of the criteria of ecumenicity intertwines with the relational dynamics that connect the bishop of Rome, the conciliar institution and the emperor. This research work seeks to highlight the important moments that have determined the establishment of the role of the pope in the Ecumenical Council: that is, it seeks to find the most ancient roots of the expression: “una cum capite suo, et numquam sine hoc capite” which is still present in the Code of Canon Law in force (can. 336).

Keywords

ius antiquum; council; ecumenical council; Petrine primacy; holy rule.

Adolfo A. Dםaz-Bautista Cremades: Personal Injury Claims

In Roman Law, both offense and malicious aggression were considered iniuria. The legal consequence of the iniuriae in the XII Tables was a fixed fine, but over time, a variable fine was established whose determination corresponded to the victim, who received the amount as a „compensation“ for the offense suffered. In the High Middle Ages, the penalty of fixed fine was recovered, combined with other corporal punishment, but in the VII Partidas, compensation is reintroduced by a variable amount. On the other hand, in England the punitive damages system was developed for aggressions contrary to honor and dignity. In this paper, we explore the relationship between both institutions.

Keywords

iniuria; damages; tort law; punitive damages; injuries; Roman law; medieval law.

Dmitry Poldnikov: The Formalistic Pattern of Soviet Civil Codification as a Chapter in European Legal History

Many European and even some Russian academics consider Russian legal history to be a series of ruptures. There is some truth to this, and yet the law in east of Eastern Europe is not devoid of continuities which link it with European legal trajectories. This paper examines the pattern of the codification of civil law as one of those links. Russian experience with drafting civil codes goes back to the ‘age of codifications’ and culminates with the ‘normal’ draft Civil Code of the Russian Empire of 1882–1913. After the Bolshevik revolution of 1917, Soviet civil legislation claimed to break away from all continuity with the bourgeois legacy, domestic and foreign. However, even the codification of ‘real socialism’ in the early 1960 s reveals notable similarities with the ‘bourgeois’ legal experience. The theoretical concept of the Civil Code of 1964 overlapped with the modern notion of the code during the ‘age of codification’. This similarity was backed up by the positivistic legal scholarship that conceptualized Soviet law as a hierarchical and gapless system of binding norms. This part of the Soviet legal legacy still marks the Russian Civil Code of 1994-2006. Hence, the formalistic pattern of codification remains one of the Soviet relics in contemporary Russian legal style and allows a comparison with other civil law jurisdictions in Europe.

Keywords

codification; Soviet law; civil code; legal formalism; legal style.

Konstantin P. Krakovskiy: Jeremy Bentham and the Judicial Reform of 1864 in Russia

The article deals with the influence of the ideas of J. Bentham, set out in his treatise „On the judiciary“, on the authors of the judicial reform of 1864 in Russia. The author divides the ideas and suggestions of Jeremy Bentham, concerning the court, into three groups: rejected by the reformers, partially accepted, and those, which were enshrined in the Judicial Statutes of 1864. The first group included the ideas of a single court, the replacement of judges and the election of all judges by the people, of a jury in civil cases. The ideas of the great English philosopher of law, partially adopted by the „fathers of judicial reform of 1864“, include, in particular, the idea of creating a mechanism for the removal of negligent judges. The ideas of J. Bentham, which found their place in the text of the Judicial Statutes of 1864, - the creation of the institution of jury, trial lawyers, ensuring high salaries of judges, publicity of the proceedings, the establishment of the optimal contingent of judges, etc. The author notes, that the debate over the ideas of Bentham continued after the Judicial Statutes were created and became the law. This historiographical phenomenon once again reveals the relevance of the ideas of the great English philosopher of law about court and legal proceedings for the Russian post-reform reality. And for the modern Russian court, which is in a state of sluggish judicial reform since the early 90-ies of the last century, a number of ideas of Bentham have not lost its importance. The author emphasizes, that despite the paradox of some of the Bentham’s ideas about court, the great English philosopher of law was concerned about the high idea: to create a project of a fair trial, credible to the people.

Keywords

judicial reform; judicial systיm; independence of the court; election of judges; jury; publicity of proceedings; criminal and civil proceedings; political trial.

Vasil Gorbachov: On the Impartiality of the Prosecutor in the Courts of the Russian Empire (Normative Regulation and Practice of Implementation)

The article deals with theory, normative regulation and practice of implementing the principle of impartiality when supporting prosecution by the Prosecutor’s office in the courts of the Russian Empire after the judicial and military-judicial reforms of 1864 and 1867. The Prosecutor’s office was organized on the principle of subordination of lower-level prosecutors to higher-level ones. However, this principle did not apply during the trial in which the Prosecutor enjoyed procedural independence, which created conditions for an objective assessment by the prosecutor of the evidence available in the case. The author analyzes the grounds, practice and consequences of prosecutors’ refusals from the prosecution, as well as the attitude of the Prosecutor’s superiors to them. Also shown are violations of the prosecutor’s impartiality principle in court.

Keywords

judicial reform; prosecutor’s office; indictment; accusation; impartiality; accusatory bias; evidence; accusatory speech; refusal of accusation.

Georg W. Oesterdiekhoff: Divergent Worlds of Political Consciousness and Behavior in Contemporary Societies. The Contribution of the Cognitive-developmental Approach to the Foundation of the Political Sciences

Pre-modern and modern societies manifest different forms of political behavior and conduct. Pre-modern societies prefer authoritarian regimes, and exhibit more violence, power abuse, etc., and do not establish rule of law, democracy, liberty rights, and civil society. Modern societies, however, continuously established democratic structures and the rule of law. More, the political behavior of politicians specifically and humans generally have been becoming more civilized and rational, humane and pacific, moderate and empathic during the long process of modernization. It will be shown here that this civilization process of political behavior has been taking place on a global scale. However, the nations advance also regarding political behavior and customs on different speeds. Today’s developing nations partially manifest strange forms of political behavior that wouldn’t be even possible in the today’s most advanced nations. It is argued that political sciences by today have no eyes for these differences, and more, no scientific tools to address and to explain them. But they shape or make the bulk of politics both on the national and international level. The cognitive-developmental approach is worked out as the general theory of the political sciences that is able to illuminate these foundations of political life for the first time.

Keywords

political behavior; rule of law; democracy; human rights; developing nations; advanced nations; psychological stages.

Tomasz Chlopecki: The Petroleum Law in Poland in the 19th and 20th Centuries

The article „Petroleum law in Poland in the 19th and 20th centuries” presents the development of petroleum legislation during the partitions and the Second Polish Republic. The concepts of legal solutions presented in the article allow for stating that the subject of petroleum law and its institutions aroused great interest of lawyers and politicians both in the period of partitions and after Poland regained its independence. Undoubtedly, the provisions of the petroleum law had an influence on the development of solutions of the Polish economy and economic law.

Keywords

law; mining law; oil law; Poland; Second Republic; concepts; codification.

Piotr Z. Pomianowski: Legal Status of Women in Codes Binding in Central Polish Lands in the Early Nineteenth Century

The article describes the position of women pursuant to the codes adopted in the territories of contemporary Poland at the beginning of the nineteenth century (Allgemeines Landrecht f�r die Kצniglich Preussischen Staaten, Code civil des Franחais, Allgemeines B�rgerliches Gesetzbuch). According to all three codes wives were subordinate to their husbands, but there were many differences in specific matters. The husband usually administered common marriage property, or in case of separate property regime, he had a significant influence on his wife’s property. In all the analysed codes, parental authority was exercised mainly by the father, although children had to obey their mother, too. The relations between the spouses could be fundamentally changed by prenuptial agreements. Moreover, the legal practice changed the letter of law many times and in numerous cases it differed between the territories where the same code was in force (e.g. France and the Congress Kingdom of Poland – in both countries the Napoleonic Code was in force). Thus, time-consuming research on sources like notarial deed, as well as court records should precede a complex analysis covering the application practice of all three codes on the Polish lands.

Keywords

legal status of women; Napoleonic Code; Landrecht of 1794; ABGB; Poland.

Piotr Michalik: Consent to a Jewish Marriage in Legislation of the Free City of Cracow (1815 – 1846)

The aim of this paper is to present an analysis of the legislation of the Free City of Cracow (1815-1846) concerning an institution of a consent to a Jewish marriage. From the analysis it occurs that the so-called emancipation of Jews, introduced in Cracow with the enlightened reform of Austrian rulers after the third partition of Poland in 1795, was continued under the autonomous government of the Free City. The process was significantly supported in 1810 by the introduction of the Napoleonic Code in Cracow, then a part of the Duchy of Warsaw. The implementation of civil marriage and civil registry required by the Code was also conducted against the Jews, which was underlined in the Statute of organizing Orthodox Jews of 1817. Due to the resistance of the most of the Jewish community, the act of 1821 made performing an exclusively religious marriage a crime, and legitimization of illegitimate children born of such a marriage inadmissible. However, these and other strict measures introduced by the subsequent acts of 1838 and 1844 did not fulfil their aim up to the end of the existence of the Free City in 1846.

Keywords

Jewish marriage; consent to marriage; legislation of the Free City of Cracow; legal status of Jews; Poland.

Konrad Graczyk: Die (beschleunigte) Evakuierung des Sondergerichts Kattowitz im Jahre 1945

The text tackles the issue of evacuation of the Special Court in Katowice carried out in 1945 before the advancing Soviet troops. It discusses the regulations adopted on the central level drawn up in the ministry of justice of the Reich regarding procedures to be followed by judicial authorities in the face of the oncoming enemy and moves on to their enforcement by judicial authorities in the Katowice administrative district, with particular focus on the special court. In practice, contrary to the ministerial guidelines, case files were neither evacuated not destroyed, which enables the use of court rulings in the research.

Keywords

evacuation; special court; Upper Silesia; Sondergericht Kattowitz; judicial branch; files; Poland.

Karol Siemaszko: Perpetrators and Victims. Sex Crime on the Territory of Middle Odra Region in the Early Years after the World War II.

The author presents and analyses rulings of the Regional Court in Zielona Gףra in years 1945-1948, which refer to sex crimes, paedophilia and rapes. The author primarily focuses on victims and perpetrators, mentioning their age, social background, paying attention to motives of their actions. He also pinpoints that sex crime was one of signs of post-war demoralization during the period after the end of the World War II. He also emphasizes that sexual crime was difficult to detect in the period of post-war reconstruction of state.

Keywords

paedophilia; rape; post-war period; so called Recovered Territories; victims of sex crime; Poland.

Magdalena Pyter: A Centenary of Legal Education at the University of Lublin. The Early-Stage Challenges

Catholic University of Lublin (until 1928 named University of Lublin) is the oldest university in Lublin and one of the oldest Polish universities. It was established in 1918, at a time of huge significance to the Polish statehood. It was then, after 123 years of captivity, that Poland regained its independence. The founder of the university, Father Idzi Radziszewski, assumed that the new academic centre would educate lawyers alongside the specialists in theology, humanities and church studies. Therefore, the moment when the university was established was also when the Faculty of Law and Socio-economic Sciences came into being. Despite the enormous enthusiasm that accompanied the establishment of the university, its various faculties, and the emerging opportunities to educate law students, severe difficulties were looming over the new legal faculty. The most acute of these difficulties were the lack of professorial staff and the lack of authorization to award law degrees and diplomas. If it were not for the appropriate actions taken by the University and Faculty authorities, these problems could have led to the rapid shutdown of the Faculty. In the former case, the professors of other Polish universities were asked to assist the didactic endeavours of the Lublin Faculty of Law through temporary or full-time employment at the Catholic University of Lublin. A positive response came from various academic centres, among which the Faculty of Law and Political Sciences of the Jan Kazimierz University in Lviv deserves special recognition. It were the Lviv professors in particular who commuted to Lublin to work at the Faculty of Law, and in many cases also performed diverse administrative functions. The latter problem was also solved with the help of the Lviv University. When the graduates of the Lublin Faculty of Law were not able to obtain their graduation diplomas locally, these were issued by the Lviv Faculty of Law. As a result, during the first few years of the academic activity in Lublin, the students educated at the Catholic University of Lublin earned a diploma from the University of Lviv. It was a solution that led to certain organisational complications, yet it was the only feasible option in the circumstances when the state authorities constantly delayed granting KUL full rights to confer academic degrees. Naturally, the outbreak of World War II was another challenge for the existence of the University and the Faculty. After twenty years of its early-stage organizational effort and activity, the University of Lublin had to suspend its operation for a few years, to finally resume its life it in more advantageous times. To this day, the Catholic University of Lublin has been functioning and developing dynamically, and the problems that occurred several decades ago contributed to its development. This difficult history paved the way for the university and the Faculty of Law to function and thrive for over a hundred years.

Keywords

KUL; Faculty of Law and Socio-economic Sciences; examination board; teaching staff; legal science; Lublin; Poland.

Judit Balogh: Debates in Articles (Positions in the Legal Literature on the Possibilities of Private Law Codification, 1866-1900)

Hungarian private law codification proceeded very slowly and with difficulties also by European comparison. The work of codification in Hungary started in the second third of the 19th century. Slowly, but steadily, in the professional articles of the legal journals started to outline the Hungarian opportunity for private law codification, followed by discussions of the possible directions, purposes, methods, successes and effects of the same. In the ‘reception versus codification’ debate, it was eventually the notion of creating an independent code that prevailed, work on which finally commenced in 1876. The process of codification in Hungary was determined (unfortunately) by the attitudes of the ministers of justice, following each other in quick succession, towards private law and the notion of codification. The issue of the general part was raised and became accepted on the basis of the German model. The notion, however, that a code of law would require a part containing the basic principles that would be applicable to the entire code would not take roots in Hungarian legal thinking. The journal Jogtudomבnyi Kצzlצny, in its first few decades, was a specialized journal dedicated to the issue of legal development, featuring a wide range of opinions and not classifiable as belonging to a single school. It provided an overview of the efforts of the age, the most results of legislation, as well as the wide range of professional debates, in which professors and scholars of law, as well as legal practitioners also participated with the intention of facilitating the creation of the Hungarian code of private law.

Keywords

civil law; codification; reception; consuetudinary law, civil code; legal journals; Hungary; general part; ABGB; BGB; Jogtudomבnyi Kצzlצny; late 19th century.

Istvבn Lבszlף Gבl: The Relationship between Economic Crises and Criminality from the 18th Century to Today

Looking for a correlation between economic indicators and crime is not a recent research topic. This essay examines the relationship between the economic crisis and the criminality from the 18th century to nowadays, and the role of the economic criminal law fighting and managing economic crisis. Economic criminal law is a behavioural control tool. It is suitable for directing the actions of economic operators in a certain direction expected by the society. However, this role can only be fulfilled if the majority of people either voluntarily comply with the prescribed rules or, out of fear of being sanctioned, do not exceed the limits set by the criminal law. Economic criminal law loses its role as a behavioural regulator if it is not respected by the majority.

Keywords

economic crisis; criminality; criminal law; crime; conjuncture; cycle; market economy; crime trends; crime rate.

Csaba Cservבk, Gyצrgy Tamבs Farkas: Development of the Nationality Law in Hungary

This present study endeavours to offer a comprehensive overview of minorities and minority-related legislation in both the historical Kingdom of Hungary, as well as the current republic, a member state of the European Union. The first half of the essay is dedicated to historical matters in its entirety, for it is necessary to have a clear knowledge of the spring before we can understand the flow of a river. Likewise, the second section presents the reader with a detailed analysis of current-day regulations and their immediate ramifications.

Keywords

Hungary; Croatia; legal history; ethnic minorities; personal rights; collective rights; autonomy; new Fundamental Law of Hungary; self-governments; parliamentary representation.

Jבnos Erdץdy: SC Claudianum: a Positive Feedback on Property or Defence of Family Bonds?

SC Claudianum decreed that any free woman, Roman or Latin, pursue relationship with the slave of another, and she fails to abandon the relationship after the denouncement of the slave’s master, will become the slave of the master denouncing her deed. In this paper we are aiming to discover the actual content of this decree of the Senate, as well as trying to determine whether the goal of the decree was to defend or even promote social morals, or to defend sexual morality, or even to give protection to certain interests and authorities of the parties involved.

Keywords

Roman law; Senatusconsultum; SC Claudianum; Emperor Claudius; Emperor Vespasian; Gaius; Paulus; Tacitus; Suetonius; status; slavery; slave; citizenship; Roman citizen; Roman woman; slave.

Ihor Lohvynenko, Igor Nevzorov, Gennadii Dedurin: Formation of the Constitutional and Legal Status of National Minorities in the Second Polish Republic

The study of the features formation of the constitutional legal status of national minorities in interwar Poland was identified as the scientific goal of the article. To achieve this goal the author team used a number of methods where the basic are historical, dialectical and comparative legal methods. The application of these methods was complex. This made it possible to fully reflect the formation peculiarities of the constitutional and legal status of national minorities in interwar Poland. The main law documents that influenced this process were also analyzed: the Little Treaty of Versailles, the relevant provisions of the Polish Constitutions of 1921 and 1935, as well as the Treaty of Riga. The main shortcomings and contradictions of these documents were identified as they did not allow creating an effective state-legal mechanism for protecting the rights of national minorities in Poland. In particular the authors came to the conclusion that since the late 1920 s authoritarian tendencies prevailed in the leadership of the Polish state and no one hid the unwillingness to respect the provisions of the Little Treaty of Versailles. It was found that in practice certain gaps in the formation of the constitutional legal status caused among the other things by the imperfection of international agreements in the field of protecting the rights of national minorities. This allowed both the central and local Polish authorities to ignore the democratic principles on which the Constitution of 1921 and other basic legislative acts of the country were based. Undoubtedly a study of the origins of the constitutional legal status of national minorities in interwar Poland is synthesizing for the development of Polish and Ukrainian legal cultures. It will objectively contribute to the rule of law in modern Ukraine which must learn from the mistakes and draw the right conclusions from the shortcomings of national policy in the Second Polish Republic.

Keywords

national minorities; Poland; the Little Treaty of Versailles; constitutional rights; the Treaty of Riga.

Bashkim Rrahmani: Kosovo Judicial Position from the Second World War until 1974

This work aims at retracing, explaining and analyzing the Kosovo legal-political status within the constitutional system of former Yugoslavia. Reading, review and analysis of Yugoslav Constitutions, Serbian Constitutions and Kosovo Constitutions adopted from 1946 to 1974 by Federal Parliament, by the Parliament of Serbia and by the Kosovo Parliament. Kosovo as an entity starts with a dual position within Yugoslavian constitutional system, by being a federal unit in one side and the part of constitutional system of Serbia on the other side (first Yugoslav Constitution); Kosovo status has no dual position by being only the part of Constitutional system of Serbia (second federal constitution) and Kosovo becomes equal to other federal units of Yugoslavia (third Constitution). Kosovo entered into the constitutional system of Yugoslavia, since the Resolution of Bujani Conference (held on December 1943-January 1944) adopted by Kosovo representatives was not implemented. That Resolution aimed realization of the right of Kosovo people for self determination after the war. This was not made possible based on the created circumstances; based on the military curfew deployed by Yugoslav/Serb authorities and based in some other geo-political reasons. Foundations of People’s Federative Republic of Yugoslavia (later on The Socialist Federative Republic of Yugoslavia) were established in 1943 during the Second Conference of the National Committee for Liberation of Yugoslavia held in Jajce (November 1943), where Kosovo was not represented. Kosovo status within Yugoslavia changed few times but it never fulfilled completely Kosovo people’s will. Changes in the legal political status of Kosovo within Yugoslavia came based on the reports of forces and political circumstances at all levels which had always two tendencies: tendencies for more democracy, freedoms and economic development in one side and tendencies for more hegemony and supremacy over the others held mainly from Serbia. These tendencies finally lead towards the process of

Keywords

Kosovo; constitution; status; Yugoslavia; amendment.

Jiרם Bםl‎: The Human Rights, Canonic Law and the Impact of Religion from the Perspective of Vatican II

Vatican II wanted to achieve its human rights updating objective. With this in mind, the article addresses three issues. The first concerns political democracy and the separation of the Church and the State as two conditions for the development of human rights. On this point, GS developed a compromise by starting, on one side, by affirming the divine foundation of the state, and on the other, by leaving the choice of political structure and the election of the rulers to the free will of the citizens. The second question concerns the right to religious freedom. It is the right to freedom to change religion or to have no religion. What is missing in DH, while present in the Universal Declaration of Human Rights, drafted in 1948 by the United Nations, is the right to freedom to change religion or not to have religion. This absence is probably due to the fact that the second part of DH deals with an act of faith (actus fidei) as a search for the truth - the truth of God that underlies religion - and does not present religion from public reason. The third issue is the question of human rights in the Church. It must be made clear that the fundamental rights enjoyed by ordinary members of the Church, according to the Code of Canon Law, inspired by GS, do not deserve this name. In the context of human rights laws, they are based on the irreducible values of human dignity, freedom and justice. Nevertheless, the canons of the Canon Law Code limit these rights by asserting that their application must contribute to the common good, and adding that it is ecclesiastical authority that is competent to interpret the common good, and, therefore, to regulate these rights.

Keywords

human rights; religious liberty; theology; church; state; lumen gentium; dignitatis humanae; gaudium et spes; Codex iuris canonici; United Nations.

David Parra Gףmez: The Failure of the Weimar Constitution: Institutional Keys and Lessons to be Drawn

The Weimar Constitution is a milestone in the history of constitutionalism, being the founding document of a new historical type of constitution that came to replace the liberal constitution of the nineteenth century: the democratic and social constitution, which has been acting as a model to imitate in the “second moment” of democratic constitutionalism, identified with the values and principles of the Social State of Law. It was not, therefore, the text, but the economic, social and political context of the Weimar Republic that determined its tragic fate. However, it is no less true that certain institutions and constitutional structures contributed significantly to its inability to exercise an effective integrative function and to consolidate a democratic republic in Germany.

Keywords

Weimar Republic; Germany; constitution; constitutional framework.

Hans Petter Graver: Der Krieg der Richter. Die deutsche Besatzung 1940-1945 und der norwegische Rechtsstaat

Christian Baldus, Wojciech Dajczak (Hrsg.): Der allgemeine Teil des Privatrechts: Historische Wurzeln – Leistungsfהhigkeit im 21. Jahrhundert

Reidar Maliks, Johan Karlsson Schaffer (eds.): Moral and Political Conceptions of Human Rights: Implications for Theory and Practice

Vitalii Voropanov: Sud i pravosudie v provincii Rossiiskoi imperii vo vtoroi polovine XVIII v.

Mona Hasenritter: Wilhelm Theodor Kraut (1800-1873), Ein Leben f�r die Lehre

Wilhelm G�de: Max G�de (1902 – 1984), ein Juristenleben im 20. Jahrhundert

Hans Hugo Klein: Vor- und Entstehungsgeschichte des Bundesverfassungsgerichts

Detlev Fischer: Maklerrecht

Christoph Sorge: Verpflichtungsfreier Vertrag als schuldrechtlicher Rechtsgrund. Das Rechtsgeschהft der condictio ob rem gemה� § 812 Abs. 1 S. 1 Alt. 2 BGB jenseits von Erf�llungszwang und Markttausch

Richter am Bundesgerichtshof a.D. Dr. Detlev Fischer erhהlt Verdienstkreuz am Bande des Verdienstordens der Bundesrepublik Deutschland