scholarly journals Warunek si navis ex Asia venerit w starożytności i średniowieczu

2018 ◽  
Vol 64 (2) ◽  
pp. 83-112
Author(s):  
Jacek Ożóg
Keyword(s):  
Decisive Role ◽  
Careful Analysis ◽  
Roman Law ◽  
Sociological Factors ◽  
Procedural Law ◽  
Negative Condition ◽  
Almost All ◽  
Substantial Degree

The si navis ex Asia venerit condition made a spectacular career in the texts of Roman jurists. It was so characteristic that even the medieval works that drew on the Roman tradition had plenty of referrals to that condition. Its popularity was obviously connected with its reference to that sphere of life that was essential for the development of the Roman state. However, there is not enough data to allow determination to what extent the frequency of the reference to those words was influenced by sociological factors, or the authority of jurists whose words were quoted, and who referred to that condition. In other words, whether it was the ‘charisma’ of those authorities that played a decisive role in its wide reception and recognition. The review of texts that contain the formula of the above condition allows us to formulate a thesis that the si navis ex Asia venerit condition was used to present issues from almost all areas of law, including the procedural law. It usually took the form of a suspending, casuistic and positive condition. It appeared only once as a negative condition (Digests 44,7,44,2). A careful analysis of individual fragments of the selected texts in which the condition did appear allows us to formulate a postulate that a philological method in the research into Roman law should be used with a substantial degree of caution.

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

Slavery

2016 ◽  
Author(s):  
Richard Gamauf
Keyword(s):  
Roman Law ◽  
Social Differences ◽  
The Law ◽  
Almost All

In Roman law slaves were chattels and persons at the same time. As persons, they were incapable of holding any rights. But this deficit led to their use as business agents because they could obtain rights for their masters, whereas free persons under classical Roman law could not. While the law tried to hold up the fiction that all slaves were the complete subjects of their masters and that no legal distinctions existed among slaves in this regard, their social positions, as reflected in the legal sources, differed widely. Since Roman jurists were confronted with almost all aspects of slavery, their writings show social differentiations between various types of slaves as far as these caused adjustments of their legal treatment. But at the same time the legal sources also document when, for the sake of the master’s interest or the public’s, social differences between slaves were levelled out.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

scholarly journals THE MOBILE SYSTEM REDUCTION FOR THE VIBRATION CONTROL IMPLEMENTATION

2019 ◽  
pp. 16-24
Author(s):  
V. V. Lopatin
Keyword(s):  
Oil And Gas ◽  
Random Noise ◽  
Decisive Role ◽  
Mathematical Methods ◽  
National Importance ◽  
System Reduction ◽  
Input And Output ◽  
Measurement Results ◽  
Almost All ◽  
The Given

Since the mining and oil and gas industries play a decisive role in the Ukrainian economy, the adequacy and proper assessment of the accuracy of the monitoring is of great national importance. A mathematical model for the measurement of MSCs is constructed, which determines the sequence of mathematical operations that must be performed to obtain the quantitative characteristics of the objects of control. If there is a function that is a solution and that describes the object of the MSC, then it is a reduction to the ideal MSC. The solution of the problem of reduction (synthesis) MSC is realized by the choice of design and is provided with such a connection between the signals at its input and output MSC, which leads to the best results. This formulation of the problem of reducing the MSC has several disadvantages. The MSC measurement result is always influenced by a number of minor factors. Their effect leads to the fact that the measured value of a certain value is different from the value predicted by the model of measurement of the ISC on the noise (experiment error), which is random. The noise level of MSCs has a significant effect on the result of mathematical processing, and the less the noise, the better the result of the reduction of MSCs. Previously, the task of instrumentation was to create an MSC that provides the least distortion of the measurement results, while using mathematical methods to reduce instrumentation the task of reducing instrumentation noise is MSC. The given  solution is realized by the choice of design and is provided with such a connection between the input and output signals, which leads to a decrease in the level of random noise MSC. The description of MSC enhancement has the instability of the solution of the equation with respect to the initial data errors, which is a property of almost all integral equations and does not depend on the method of their solution. The proposed mathematical method of reduction of the mobile control system (MSC) as one of the variants of regularization of the incorrectly set problem arose and was further developed under the influence of the ideas of academician AN Tikhonov and Professor Yu.P. Pytiev .  The author suggests taking a different look at the control tasks and the accuracy of assessing the accuracy of MCSs by reducing the level of random noise. The author proposed the implementation of the MCS by choosing a design and providing such a connection between the signal at its input and output, which leads to the best results in solving reduction problems. The author proposed an adaptable model of MCSs using modern ideas and mathematical methods.

scholarly journals ROMAN LAW AND MODERN NATIONAL SYSTEMS OF CIVIL PROCEEDINGS: METAMORPHOSES OF HARMONIZATION OF THE CIVIL PROCESS WITHIN THE FRAMEWORK OF EUROPEAN AND EURASIAN INTEGRATION

2020 ◽  
Vol 4 (1) ◽  
pp. 96-105
Author(s):  
Nadezhda V. Sukhova
Keyword(s):  
Legal Regulation ◽  
Roman Law ◽  
Main Trend ◽  
Common Source ◽  
Civil Justice ◽  
Scientific Methods ◽  
Civil Process ◽  
Procedural Law ◽  
Scientific Results ◽  
Historical Comparative

The subject. This article is devoted to the discussion of transformation of civil justice within the framework of European and Eurasian integration in the context of globalization. Globalization has been often mistakenly treated as a sociocultural process of establishing unity of humanity. But in the author’s opinion globalization is an information – economic megatrend. We can find a precise characterization of modern globalization process in definition “glocalization” by British sociologist R. Robertson which is understood as connection between global and local processes. The article means “glocalization” as globalization of economic and localization of cultures. The author also tries to synthesize some trends in the development and convergence of civil procedural law in Europe and in post-Soviet space making attempts to find some unity in the diversity of transformations. Methodological bases of research are General scientific methods (dialectics, analysis, synthesis, comparison); private and scientific methods (interpretation, formal-logical, comparative-legal, based on the actual approach). The aims of the article are: to analyze the reasons and factors that influence the convergence of the civil process in the framework of European and Eurasian integration; to identify gaps in legal regulation, difficulties encountered in the activities of courts in the imple-mentation of justice; to identify trends in the further development of the civil process within the framework of European and Eurasian integration. The main scientific results. The basis of social integration and mutual understanding has its roots at least in the countries of continental Europe in common source, in the Roman-canonical models that formed the “procedural order of communication” for many Euro-pean countries before the codification period. The civil procedure systems of modern states are facing unprecedented challenges today. In accordance with contemporary and historical comparative analysis fundamental re-forms are condition for surviving of civil courts as protectors of human rights lied in the base of modern jurisdictions. Moreover, the reforms indicate common tendency of na-tions to communication on the base of unity in diversity of changes. The landscape of civil justice in Europe and Eurasia shows unity and diversity of processes in legal sphere. Conclusions. The reasons and factors that influence the convergence of the civil process in the framework of European and Eurasian integration were identified. The main trend of development is to solve the unprecedented problems that the civil procedural systems of modern states face today.

ONCE AGAIN ABOUT THE COGNOMEN OF IVAN KALITA

2021 ◽  
Vol 7 (3) ◽  
pp. 87-102
Author(s):  
Sergey S. PASHIN
Keyword(s):  
18Th Century ◽  
Objective Assessment ◽  
Decisive Role ◽  
16Th Century ◽  
Russian History ◽  
The Core ◽  
North Eastern ◽  
Personal Qualities ◽  
Almost All ◽  
The 19Th Century

The article is devoted to the etymology of the Moscow Prince Ivan Danilovich Kalita’s cognomen. The cognomen “Kalita” was first recorded around 1446 in the appendix to the Komissionnyj copy of the Novgorod First Chronicle. However, the article “Genealogy of the same princes” with this cognomen could be created in 1415-1439 and have a North-Eastern Rus’ origin. Thus, Ivan Kalita first received the cognomen only 100 years after his death. With the gradual spread of princely genealogies in Russia, the cognomen was perceived by three (or four) scribes of the 16th century. By chance, almost all the texts of the 16th century with the mention of “Kalita” — the appendix of the Voskresenskaya Chronicle, The Book of degrees of the royal genealogy and the Volokolamsk Paterik (through the “Core of Russian History”) — were published in the second half of the 18th century and became available to historians, including N. M. Karamzin. The authority and fame of N. M. Karamzin played a decisive role in securing the cognomen “Kalita” for Prince Ivan Danilovich in the minds of most historians and ordinary readers alike. The historians of the 19th century followed the hagiographic tradition and believed that Ivan Kalita got his cognomen for the fact that he wore a purse (kalita) filled with money on his belt, which he distributed to beggars. The historians of the 20th-21th centuries usually perceive the cognomen “kalita” in a figurative sense and see in its carrier not an owner of a purse on a belt, but a ruler with certain character traits — thrift, unscrupulousness, etc. This prevents an objective assessment of the policy and personal qualities of Ivan Danilovich.

Grotius in the Science of Law

1925 ◽  
Vol 19 (4) ◽  
pp. 685-688 ◽  
Author(s):  
Roscoe Pound
Keyword(s):  
Eighteenth Century ◽  
Turning Point ◽  
Roman Law ◽  
Modern History ◽  
Law Of Nature ◽  
Starting Point ◽  
Theories Of Justice ◽  
History Of ◽  
The Subject ◽  
Almost All

It has been customary to take Grotius's book for the starting point of one of the best marked eras in the history of jurisprudence. Any account of the development of theories of justice is likely to begin the modern history of the subject with Grotius, and to put as a classical epoch a period designated as “from Grotius to Kant.” Any account of theories of law is likely to set off a period from the revived study of Roman law in the Italian universities of the twelfth century to Grotius, and another from Grotius to the breaking up of the eighteenth century law-of-nature school. In almost all accounts of the history of the science of law, Grotius stands as marking a turning point.

scholarly journals Clinical evaluation, management and outcome of hollow viscus perforations

2019 ◽  
Vol 6 (8) ◽  
pp. 2780
Author(s):  
Anjaneya T. ◽  
Vilas Crithic H. V.
Keyword(s):  
Early Recognition ◽  
Decisive Role ◽  
Exploratory Laparotomy ◽  
Hollow Viscus ◽  
Medical College ◽  
H2 Receptor Blockers ◽  
Receptor Blockers ◽  
Male Patients ◽  
Almost All ◽  
Duodenal Ulcer Perforation

Background: Gastrointestinal perforation is the third most common cause for exploratory laparotomy as an emergency. With the advent of drugs against acid peptic disease the incidence of peptic ulcer perforations is on decline. The advent of laparoscopy and endoscopy has played decisive role in the diagnosis and management of gastric and colorectal perforations. Aim of the study is to study the clinical outcome, surgical management and postoperative complication of peritonitis secondary to hollow viscus perforation.Methods: This was prospective study of 50 cases. All patients admitted and treated with perforation secondary to Hollow viscus perforations in surgical wards of M S Ramaiah Medical College, Bangalore, during the period of April 2016 to October 2017. Patients with peritonitis secondary to hollow viscus perforation admitted was evaluated and the diagnosis was made.Results: Out of 50 patients, most were male patients between 30-50 years age group. Duodenal ulcer perforation led the list. 4 were gastric, 37 were duodenal, 3 were jejunal, 6 cases were ileal. However colonic perforations were not observed. Wound infection leads the list of postoperative complications with faecal leak and burst abdomen following residual abscess. Almost all perforations were treated surgically.Conclusions: It was thought that with the introduction of better H2 receptor blockers and proton pump inhibitors, incidence of peptic perforations would decrease. Early recognition of perforations, prompt surgical intervention, adequate drainage, recognition of co-morbid conditions and complications would help in reduction of morbidity and mortality.

Widmer, Ernst (1927--1990)

2018 ◽  
Author(s):  
Paulo Costa Lima
Keyword(s):  
Contemporary Music ◽  
Great Influence ◽  
Decisive Role ◽  
Extreme Value ◽  
Entire Life ◽  
School Of Music ◽  
The Creation ◽  
Way Of Thinking ◽  
Almost All ◽  
The Tropics

Ernst Widmer considered himself a Brazilian citizen, a Brazilian composer who was born and educated in Switzerland but who bloomed in the tropics. Actually, the theme of the cultural crossing was of great importance for the elaboration of his way of thinking and of composing. He dedicated almost all his entire life to the School of Music of the Federal University of Bahia (UFBA), where he taught between 1956 and 1987. During that period, he had a decisive role in turning Salvador into one of the most important centers of contemporary music in Brazil. In particular, he was in charge of the formation of composers, making this activity the basis for his intense artistic performance, which resulted in the composition of about two hundred opuses and thirty-one awards. He exerted great influence on his students and several of them became well known composers, and he also gave extreme value to singularity as a pedagogical parameter, having inspired the creation of the Group of Composers from Bahia in 1966, whose manifest of just one line rejected as a principle any declared principles. After his retirement in 1987, he renewed his ties with his native city in Switzerland, debuting several of his pieces and participating in the creation of the Ernst Widmer Gesellschaft dedicated to promoting his music.

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