scholarly journals Administrative proceedings in Roman law

2021 ◽  
pp. 133-144
Author(s):  
S. I. Gridin
Keyword(s):  
Good Faith ◽  
Roman Law ◽  
Court Decisions ◽  
Search Procedure ◽  
Legal Proceedings ◽  
The People ◽  
The Law ◽  
Limitation Of Actions ◽  
Administrative Proceedings

The article deals with the issues of administrative proceedings in Roman law. Its beginning was laid in the 5th century BC by the laws of ХII tables. They briefly deal with the issues of legal proceedings, which at that time was called court agreement. Free citizens gathered at the forum (city square), where the plaintiff presented claims to the defendant. In Roman law, the rule was established to make claims through claims, which the magistrate (praetor) had to support. The judges were elected by the people. Gradually, the praetors changed the formulas of claims, which contributed to the development of Roman law. Often they proceeded not from the law, but from the circumstances of the case, therefore they could instruct the judge to consider the case “in good faith.” Gradually, various forms of claims were formed, which contributed to the improvement of administrative proceedings. In Roman law, many concepts were laid that have remained in modern legal proceedings. This is the election and turnover of judges, the necessary defense, the writ of execution and the persons who monitored their execution; jurisdiction; corruption; search procedure; jurisdiction; privilege; appeal against court decisions; requirement for witnesses; consideration of cases by the police; torts; limitation of actions; and some others. This makes the study of Roman justice relevant.

scholarly journals Unified standards of judicial acts in criminal, arbitration, civil and administrative proceedings

2020 ◽  
pp. 122-126
Author(s):  
Aliya Sharipova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Legal Proceedings ◽  
Administrative Proceedings

It is alleged that the institution of judicial acts is universal for all judicial branches of rights. Defined standards that must comply with court decisions, rulings, decisions. The values of the properties of legality, validity, motivation, justice and correctness of court decisions are disclosed. Unreasonable differences are revealed in the legislative requirements for judicial and civil, administrative legal proceedings. Intersectoral borrowing is proposed for optimal legal regulation.

scholarly journals Itikad Baik Dalam Perjanjian Suatu Perspektif Hukum Dan Keadilan

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Endang Suprapti ◽  
Arihta Esther Tarigan
Keyword(s):  
Research Method ◽  
Good Faith ◽  
Court Decisions ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
The Law ◽  
Laws And Regulations

AbstractContract or agreement is a first step in carrying out a fulfillment of needs and interests so humans are always in touch with each other in various places and times with various events.How good faith becomes the basis for parties to make an agreement. To answer this problem, research sources in the form of primary legal materials are needed, both in the form of laws and regulations, court decisions and secondary sources in the form of books, texts, legal dictionaries, legal journals. The research method in this paper uses primary and secondary legal materials, the law approach and conceptual approach. This type of research is normative and qualitative in nature.Keywords: Good faith, Agreement, JusticeAbstrakKontrak atau perjanjian adalah suatu langkah awal dalam menyelenggarakan suatu pemenuhan kebutuhan dan kepentingan maka manusia selalu berhubungan satu sama lain di berbagai tempat dan waktu dengan berbagai macam peristiwa.Bagaimana itikad baik menjadi dasar bagi pihak  dalam membuat suatu perjanjian. Untuk menjawab permasalahan ini diperlukan sumber penelitian berupa bahan hukum primer, baik berupa peraturan perundang-undangan, putusan pengadilan dan sumber sekunder berupa buku-buku, teks, kamus-kamus hukum, jurnal hukum. Metode penelitian dalam penulisan ini menggunakan bahan hukum primer dan sekunder, pendekatan undang-undang dan pendekatan konseptual. Jenis Penelitian ini adalah Normatif dan bersifat kualitatif.Kata Kunci: Itikad Baik, Perjanjian, Keadilan

scholarly journals The dispute about law in urgent administrative cases at the appeal of the bodies of revenue and fees

2019 ◽  
pp. 85-90
Author(s):  
O.V Skochylias-Pavliv ◽  
N.V. Lesko
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Legal Definition ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

The article deals with current issues related to the procedure of consideration and resolution of urgent administrative cases at the appeal of the bodies of revenue and fees. The peculiarities of the specified category of cases which are manifested in the urgency; subject composition; notification of the participants of the case on the date, time and place of the case; filing of the claim; calculation of procedural terms; announcement and service of court decisions; appeal and cassation appeal; the court fee are analyzed. It is noted that the statements of the case are a statement of claim, reaction a statement of claim, a response to a reaction, a protest, a third party’s explanation of the statement claim, or reaction a statement of claim. The form of the appeal of tax authorities to the administrative court is a claim. Obviously, that is why in these categories of cases there are often misunderstandings regarding the payment of court fees as evidenced by a large number of decisions on leaving without motion the claim of bodies of revenue and fees on the ground of failure to submit to the court a document on payment of court fees. Central to the article is the consideration of the issue of understanding of the dispute about law as one of the grounds for refusing to open proceedings at the appeal of the bodies of revenue and fees. The only form of administrative proceedings is the consideration of the case on the statement of claim. As is well known, a lawsuit involves conflict between the parties. The mutual rights and obligations of the parties to prove their claims and objections constitute the substance of the dispute. However, the peculiarities of disputes at the request of the bodies of revenue and fees due to the fact that they don’t have a dispute about the law. It is noted that there is no legal definition of the term «dispute about the law», which significantly complicates the consideration and resolution of this category of cases. The interpretation of this concept exists only in judicial practice, in particular in resolutions of the Supreme Court but they are also contradictory. That’s why we consider it necessary to supplement article 283 Code of Administrative Proceedings of Ukraine a note defining the concept of «dispute about the law», which should be understood as a claim of the taxpayer to the tax authority regardless of the subject of the claim which may be submitted to administrative or judicial procedure. Keywords: a dispute about law, administrative proceedings, administrative case, revenue, and fees, claim.

Tswana Legal Maxims

Africa ◽  
1966 ◽  
Vol 36 (2) ◽  
pp. 121-134 ◽  
Author(s):  
I. Schapera
Keyword(s):  
Great Majority ◽  
Roman Law ◽  
The People ◽  
The Law ◽  
Judicial Procedure ◽  
Opening Paragraph

Opening ParagraphLike many other peoples, the Tswana of Bechuanaland Protectorate often cite proverbs and similar sayings to specify rules of conduct. In this paper I discuss a number of those generally used in the context of litigation; some are statements of general principles, akin to the ‘maxims’ of Roman law, others relate more particularly to judicial procedure. Many were actually quoted at trials witnessed by myself or recorded by clerks of tribal courts, the rest were mentioned incidentally by informants when discussing points of Tswana law. The great majority are classed by the people themselves as ‘proverbs’ (diane, sing. seane), and some of these (though not all) are included in the collections of Tswana proverbs published by Plaatje and Seboni; others were introduced simply by some such phrase as Molao ware, ‘The law says’, or Kamokgwa waSetswana, ‘According to Tswana custom’. Since I am not here concerned with their linguistic aspects, I do not attempt to distinguish recognized proverbs from other kinds of maxim.

Magistrates who Made and Applied the Law

2016 ◽  
Author(s):  
Frederik Vervaet
Keyword(s):  
Roman Republic ◽  
Essential Role ◽  
Roman Law ◽  
Routine Application ◽  
The People ◽  
Republican Era ◽  
The Law ◽  
Historical Developments

During most of the Roman Republican era—traditionally dated from 509 to 27 BC—the magistrates of the people and the plebs demonstrably played an essential role in both the production and the application of Roman law, especially in terms of statute laws and edicts. Although the senate had a tremendous voice, no legislation would have been possible without the proactive involvement of a series of key magistrates of people and plebs. When it comes to the application of the law under the Roman Republic, there was much scope for the so-called minor magistracies, whose involvement in the routine application of the law was probably disproportionate to their attestation in the sources. Importantly, this survey of magistrates who made and applied the law in the Roman Republic never loses sight of the overall socio-institutional background and key historical developments and changes.

Fiduciary Principles in Roman Law

2019 ◽  
pp. 504-523
Author(s):  
David Johnston
Keyword(s):  
Conflict Of Interest ◽  
Good Faith ◽  
Roman Law ◽  
Legal Institutions ◽  
Key Features ◽  
The Law

This chapter focuses on fiduciary principles that operate in the Roman law. It first provides an overview of Roman legal institutions and their key features, asking whether an institution involves a fiduciary relationship or otherwise shows fiduciary principles at work. Key institutions in the law of persons or status (patria potestas, tutela or tutorship, cura), contract (fiducia, mandatum), property (“bonitary owner,” dos or dowry, usufruct, peculium), and succession (fideicommissum, foundations or trusts for purposes) which might be thought to involve a fiduciary element are considered. The chapter proceeds by discussing principles of the modern law of trusts or fiduciary law and the extent to which they appear in Roman law, with emphasis on equitable principles and good faith, ownership, fiduciary administration of property, and conflict of interest. Finally, it examines remedies developed by the courts of equity to protect the beneficiary’s interests.

Abduction Marriage in Antiquity: A Law of Constantine (CTh IX 24.1) and its Social Context

1989 ◽  
Vol 79 ◽  
pp. 59-83 ◽  
Author(s):  
Judith Evans-Grubbs
Keyword(s):  
Social Context ◽  
Roman Law ◽  
The People ◽  
Literary Sources ◽  
Explicit Recognition ◽  
Ad Populum ◽  
The Law

On I April A.D. 326 the Emperor Constantine issued a strongly worded edict (CTh IX. 24. 1) violently attacking the practice of abduction marriage or bride theft. Addressed ‘to the people’ (‘ad populum’), the law demands the punishment of all persons involved in such cases, including even the girl herself and her parents, if they had later agreed to the marriage of their daughter with her abductor. This edict marks the first explicit recognition in Roman law of marriage by abduction, although it is clear from other literary sources that the phenomenon was not new to the age of Constantine.

scholarly journals Utopia Without the Law – Why Is It Impossible?

2021 ◽  
Vol 30 (2) ◽  
pp. 285
Author(s):  
Karol Kuźmicz
Keyword(s):  
Immanuel Kant ◽  
Real World ◽  
Social Life ◽  
Affirmative Answer ◽  
Roman Law ◽  
The Bible ◽  
The People ◽  
The Social ◽  
Utopian Thinking ◽  
The Law

<p class="Standard"><span lang="EN-GB">The academic character of the article is connected with the attempt to answer the question asked in the title: Utopia without the law – is it possible? The theoretical arguments provided by the author lead to an affirmative answer to this question and allow for formulating the following thesis: there is no utopia without the law. The law is not only present in utopias, both positive and negative ones (anti-utopias and dystopias) but also, to a great extent, determines their existence and functioning. As a result, it links utopian thinking to reality. Any answer to this question is possible and justifiable in the academic discourse. According to the author of this article not only the law is present in the utopia but the law in the utopia must exist. The essence of the law in utopias is justice, but there is not justice in utopias without wisdom. The Bible, Roman law and philosophical and legal reflection were the sources of an approach to law for the creators of utopia. Referring to the views of such thinkers as: Plato, Immanuel Kant, Rudolf von Ihering, Gustav Radbruch, Karl R. Popper, Bronisław Baczko, the author states that the law is an integral part of both worlds: the utopian world and real world. So, there is not utopia without the law as an idea of jusctice, implemented into the social life of the people who are intelligent beings.</span></p>

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

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