scholarly journals PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

2017 ◽  
Vol 7 (2) ◽  
pp. 106-117
Author(s):  
Boris Krešić ◽  
◽  
Ervina Halilović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Perspective ◽  
Family Law ◽  
Roman Law ◽  
Socialist Republic ◽  
Marriage And Family ◽  
Property Relations ◽  
Basic Law ◽  
History Of ◽  
Marital Partners

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

scholarly journals OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
Public Law ◽  
Roman Law ◽  
History Of ◽  
Legal Structures ◽  
History Of Law ◽  
The One

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.

scholarly journals ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)

2016 ◽  
Vol 10 (2) ◽  
pp. 355
Author(s):  
Krzysztof Szczygielski
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Scientific Output ◽  
Public Law ◽  
Roman Law ◽  
Ancient Rome ◽  
Scientific Societies ◽  
Legal Proceedings ◽  
History Of ◽  
Law Of Succession

ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.

The “national key” in Bosnia and Herzegovina: a historical perspective†

2015 ◽  
Vol 43 (2) ◽  
pp. 213-232 ◽  
Author(s):  
Sevan Pearson
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Perspective ◽  
Legal Aspects ◽  
Proportional Representation ◽  
Peace Agreement ◽  
Socialist Republic ◽  
Ethnic Quotas ◽  
Dayton Peace Agreement

The 1995 Dayton Peace Agreement in Bosnia and Herzegovina instituted ethnic quotas between Bosniaks, Serbs, and Croats: the three “constituent peoples.” This institutionalization of ethnicity, criticized by some contemporary authors, is often seen as a creation of the peace agreement. Interestingly, several scholars deem such proportional representation a legacy from socialist times. But the existing literature lacks a historical perspective on the question of ethnic quotas. In addressing this issue, this paper reminds one of the existence of ethnic quotas, called the “national key,” during socialist times. A deeper analysis of the “national key” in the Socialist Republic of Bosnia and Herzegovina and of the ethnic quotas in the last two decades shows, interestingly, more differences than continuity. The article concludes that few similarities and more differences can be observed between the two periods, especially regarding the legal aspects of the “national key,” in ideological justification and in the conceptions based on parity or proportional representation.

scholarly journals PROFESOR JÓZEFAT ZIELONACKI (1818-1884) NA TLE XIX -WIECZNEJ PANDEKTYSTYKI

2017 ◽  
Vol 7 (1) ◽  
pp. 77
Author(s):  
Agnieszka Zięba
Keyword(s):  
Research Method ◽  
Historical Perspective ◽  
Roman Law ◽  
European Study ◽  
Historical School ◽  
Xixth Century ◽  
History Of ◽  
Contemporary Study ◽  
Scientific System ◽  
The University

Prof. Jozefat Zielonacki (1818-1884) against the Background of the XIXth Century Study of PandectsSummaryThe study of pandects is the study of the intercepted Rom an law formed and developed in the XIXth century Germany. The pandectist made use of the Justynian codification and their research m ethod was shaped under the influence of so called historical school in jurisprudence created by F.K. Savigny. Conducting a research on unparalleled scale on the Rom an law and with a time rejecting the historical perspective therein led to a creation o f an abstract scientific system - the „contemporary Rom an law”, viz. the study of pandects. In the second half of the XIXth century it dom inated the European study of law.The Polish representative of this branch was Jozefat Zielonacki, a graduate o f the Berlin University, a pupil of F.K. Savigny. H e lectured the Roman law at universities in Cracow (from which it was repealed after two years as a result of anti-Plish victimisation), Innsbruck, Prague, and Lwow. He stayed in Lwow from 1857 to 1870, contributing to ‘Polonisation’ of the university and establishing a well-founded centre of the Roman law study, well-admitted in Europe of that time. As far as the research method is concerned, Prof. Zielonacki constantly remained a pandectist - he created ahistorical works and the Roman law is treated therein as the prototype o f the contemporary binding law.The study of pandects is nowadays treated as one of numerous great periods of the history of the study of law and its achievements: the ordination, m ethod of thinking and terms retain their usefulness also for the contemporary study of civil law.

scholarly journals COGNOMINA OF BOTH PLINIES: GAIUS PLINIUS SECUNDUS AND GAIUS PLINIUS CAECILIUS SECUNDUS

2021 ◽  
pp. 108-117
Author(s):  
A. V. Berezkin ◽  
◽  
S. Y. Kritskaya ◽  
Keyword(s):  
Social Status ◽  
Family Law ◽  
Family Relations ◽  
Geographic Area ◽  
Roman Law ◽  
Ancient Rome ◽  
Sociocultural Context ◽  
History Of ◽  
The Right

This article provides information on the actual naming of two Roman writers and statesmen: Gaius Plinius Secundus, and Gaius Plinius Caecilius Secundus. Modern researchers make some mistakes in the names of both Plinies. The history of these names sheds light on legal relations in Ancient Rome (family law, especially the order of adoption, the right of Roman citizens on three names – ius trium nominum) and on the evidence of the folk laughter culture (sniper data cognomina of citizens). Medieval and modern traditions of a generic or family naming have their roots in the Roman law. The Roman name was closely related to social status, indicating the antiquity of the genus or personal privileges, for example, the senatorial class, which included the ancient patrician clans or plebeian nobility, as well as a freeborn citizen or a freedman, a slave or a foreigner–peregrine, etc. Geographic area, family relations, and personal excellence were also taken into account. I. Kajanto, as one would expect from a classifier as a pioneer, goes on formal grounds, referring cognomina, Felix and Faustus, to the category of “wish” or “praise”, and Secundus to the order of birth. Our method of studying in a sociocultural context reveals cognomen Secundus as “happy”.

scholarly journals HISTORY OF DEVELOPMENT OF MARRIAGE AND FAMILY LEGISLATION OF UZBEKISTAN

2021 ◽  
Vol 8 (12(81)) ◽  
pp. 30-33
Author(s):  
N. Kuchkarova
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
History Of Development ◽  
National Family ◽  
History Of ◽  
Family And Marriage ◽  
The Republic ◽  
The Relationship

The article examines the legal regulation of the institution of family and marriage in national family law, as well as marriage as a legal institution, the concept of marriage. The author analyzes the relationship between the norms of family law and morality in the regulation of marriage and family relations. The history of the development of legislation on marriage is studied. The author pays attention to the borrowing of foreign experience in the legal regulation of the actual marriage and family relations between men and women in the Republic. The order and conditions of marriage.

scholarly journals Marital Agreements in Vietnam from 1858 until Now

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 150-161
Author(s):  
NGUYỄN THỊ MỸ Linh
Keyword(s):  
Family Law ◽  
European Countries ◽  
Equal Rights ◽  
Marriage And Family ◽  
Marriage Contract ◽  
Marital Property ◽  
History Of ◽  
Property Regime

The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property.  Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.  

Economic Views of L. Trotsky

2004 ◽  
pp. 142-157
Author(s):  
M. Voeikov ◽  
S. Dzarasov
Keyword(s):  
Civil War ◽  
20Th Century ◽  
Significant Role ◽  
Historical Perspective ◽  
Russian Revolution ◽  
Russian History ◽  
History Of

The paper written in the light of 125th birth anniversary of L. Trotsky analyzes the life and ideas of one of the most prominent figures in the Russian history of the 20th century. He was one of the leaders of the Russian revolution in its Bolshevik period, worked with V. Lenin and played a significant role in the Civil War. Rejected by the party bureaucracy L. Trotsky led uncompromising struggle against Stalinism, defending his own understanding of the revolutionary ideals. The authors try to explain these events in historical perspective, avoiding biases of both Stalinism and anticommunism.

Can a Narcissist Ever Marry?: James Fisher and The Uninvited Guest

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Brett Kahr
Keyword(s):  
Clinical Material ◽  
Couple Relationships ◽  
Cocktail Party ◽  
False Self ◽  
Winter's Tale ◽  
Pathological Narcissism ◽  
The Family ◽  
History Of ◽  
Marital Partners

Few books in the burgeoning field of couple psychoanalysis have garnered as much admiration as James Fisher's The Uninvited Guest: Emerging from Narcissism towards Marriage. In this memorial essay, the author pays tribute to the late Dr Fisher and to his perennial book which explores the ways in which pathological narcissism, among other factors, inhibit the development of spousal intimacy, often destroying partnerships entirely. The author describes the creative way in which Fisher drew upon great works of literature, most notably William Shakespeare's A Winter's Tale, and T. S. Eliot's The Cocktail Party, as well as long-forgotten clinical material from Fisher's predecessors at the Family Discussion Bureau (forerunner of the Tavistock Centre for Couple Relationships), in order to understand the ways in which marital partners struggle with false self couplings. The author assesses the importance of Fisher's contribution in the context of the history of couple psychoanalysis.

‘The Stuff of Slow Constitution’: Reading Down Syndrome for Race, Disability, and the Timing that Makes Them So

Somatechnics ◽  
2016 ◽  
Vol 6 (2) ◽  
pp. 235-248 ◽  
Author(s):  
Mel Y. Chen
Keyword(s):  
Down Syndrome ◽  
Trisomy 21 ◽  
Historical Perspective ◽  
Early History ◽  
Present Moment ◽  
History Of ◽  
Living Being

In this paper I would like to bring into historical perspective the interrelation of several notions such as race and disability, which at the present moment seem to risk, especially in the fixing language of diversity, being institutionalised as orthogonal in nature to one another rather than co-constitutive. I bring these notions into historical clarity primarily through the early history of what is today known as Down Syndrome or Trisomy 21, but in 1866 was given the name ‘mongoloid idiocy’ by English physician John Langdon Down. In order to examine the complexity of these notions, I explore the idea of ‘slow’ populations in development, the idea of a material(ist) constitution of a living being, the ‘fit’ or aptness of environmental biochemistries broadly construed, and, finally, the germinal interarticulation of race and disability – an ensemble that continues to commutatively enflesh each of these notions in their turn.

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