Farewell to Unjustified Enrichment?

2016 ◽  
Vol 20 (2) ◽  
pp. 123-148 ◽  
Author(s):  
Nils Jansen

In this article, Professor Jansen sets out the historical background and present state of unjustified enrichment theory in the German-speaking civilian legal systems, Austria, Germany, and Switzerland. The German law of unjustified enrichment has grown from two intellectually separate roots. These different legal ideas were interwoven during the 19th century by the German Pandectists. During the 20th century, it began to appear to many that these ideas did not fit well with one another. Professor Jansen thus argues that the modern civilian law of unjustified enrichment is increasingly characterised by a division into independent and distinct parts. In particular, the rules on the unwinding of contracts and on payments made in contemplation of future contracts no longer have much in common with claims based on an infringement of another person's property right. The conclusion drawn is that the Germanic systems should take their leave of the unifying idea of unjustified enrichment.

Author(s):  
Юрий Николаевич Квашнин ◽  
Анджей Дыбчак ◽  
Яцек Кукучка

В статье рассмотрены два предмета из Сибирской коллекции Краковского этнографического музея – женская шуба из оленьего меха и шапка из шкуры росомахи. В ходе исследования удалось выяснить имя дарителя – Исидора-Александра Собанского, сосланного в Сибирь участника Польского восстания 1863 г. Была обнаружена не известная ранее специалистам литография русского художника В.Д. Сверчкова, изображающая, в частности, женскую шапку и шубу, схожие с рассматриваемыми предметами из собрания Собанского. Установлено, что шапки из шкур росомахи были повседневным головным убором ненецких женщин на всем пространстве расселения этого этноса. Иногда такие шапки носили шаманы. Кроме того, сегодня известно, что женские шубы, аналогичные тем, что носили ненцы Канинского п-ова, до начала XX в. бытовали также в Приуралье и в низовьях Оби, куда их привозили из-за Урала невесты. В статье также затронуты малоизученные темы польских ссыльных в Западной Сибири и изображения ненцев в работах русских и зарубежных художников. Благодаря ссыльным, вернувшимся на родину из Сибири, в Польшу попали предметы, составившие основу Сибирской коллекции музея. Она насчитывает более 350 экспонатов, среди которых одежда, обувь, головные уборы, изделия из бересты, меха, кожи и костей животных. Почти все вещи были изготовлены в XIX в. разными народами Севера и Сибири – ненцами, селькупами, эвенками, эвенами, чукчами, коряками, алеутами. Two objects from the Siberian collection of the Krakow Ethnographic Museum are discussed in the article – a women’s fur coat from deer fur and a hat from wolverine skin. In the course of the study, the name of the donor was found out – Isidor-Alexander Sobansky, a Polish rebel of 1863, exiled to Siberia. A previously unknown to specialists lithography by the Russian artist Vladimir Sverchkov was discovered; it depicts a woman’s hat and a fur coat similar to objects from the Sobansky collection. It is known that hats from wolverine skins were part of everyday clothes of Nenets women throughout the territory of the Nenets settlement. Sometimes they were worn by shamans. The article proves that until the beginning of the 20th century women’s fur coats of the Nenets of the Kaninsky peninsula were also worn in the Urals and in the lower Ob, having been brought there by brides. In addition, the article touches on poorly studied topics of the Polish exile in Western Siberia and the depiction of the Nenets in the works of Russian and foreign artists. Thanks to the exiles who returned to their homeland from Siberia, the items that formed the basis of the Siberian collection came to Poland. The collection contains more than 350 items, including clothing, footwear, hats, products from birch bark, fur, leather and animal bones. Almost all of them were made in the 19th century by different peoples of the North and Siberia  – Nenets, Selkups, Evenks, Evens, Chukchi, Koryaks, Aleuts.


2020 ◽  
pp. 1-18
Author(s):  
Fernando Rios

The opening section of this chapter introduces the reader to the Andean conjunto tradition, especially its Bolivian variant, and lays out the book’s three major contributions. The second section discusses the folklorization process, and explains how it relates to the major case studies that the book covers. The final two sections of this chapter provide historical background on pre–20th-century La Paz. The first one discusses the Bolivian state’s antagonistic relationship with the indigenous population from the founding of the Republic of Bolivia (1825) to the late 19th century. The concluding section, after explaining how the central district of La Paz city was segregated along ethnic lines, provides an overview of the forms of musical expression that criollo (“white”), mestizo, and indigenous people practiced in urban La Paz in the 19th century.


2021 ◽  
Author(s):  

In Dutch East India, photographic documentation for antiquities was as up-to-date as in Europe that was developed in the last half of the 19th century. Photography became a tool for archaeological surveys which resulted in thousands of enormous resources. In this paper, the historical background regarding how these old photographs were collected and how the material circulated within archaeological activities will be elaborated. The timeline studied is limited to pre-independence Indonesia with the subject mostly focused on Hindu-Buddhist remains. The method used is literature review of both relevant new publications as well as significant old publications. Its turns out that photographic surveys of archaeology in Indonesia during the colonial period developed from early archaeological activities into systematic institutional programs. The qualities of photography were appreciated in miscellaneous application and offered substantial benefits. Photography became a documentation medium, publication complementary, archive, and object representation and substitution. This historical background of photography in the context of Indonesian archaeology marks the significant value of these photographs so that it can be the foundation of preservation for the future. Di Hindia Belanda, dokumentasi fotografis pada tinggalan purbakala sangat mutakhir sebagaimana di Eropa yang dikembangkan sejak paruh terakhir abad ke-19 M. Fotografi menjadi perangkat untuk survei arkeologi yang menghasilkan ribuan sumber daya. Dalam tulisan ini, latar belakang sejarah terkait pengumpulan foto lama tersebut serta penggunaannya dalam berbagai aktifitas arkeologi akan dijabarkan. Lini masa yang dikaji dibatasi pada Indonesia pra-kemerdekaan dengan subjek yang berfokus pada tinggalan Hindu-Buddhis. Metode yang digunakan adalah kajian pustaka, baik terbitan terbaru yang relevan maupun terbitan lama yang penting. Ternyata survei fotografi pada arkeologi Indonesia selama periode kolonial berkembang sejak aktifitas arkeologis yang masih dini hingga menjadi program institusi yang sistematis. Kualitas fotografi juga diapresiasi dalam beragam penerapan serta menawarkan manfaat yang substansial, Fotografi menjadi media dokumentasi, pelengkap publikasi, arsip, serta representasi dan substitusi objek. Latar belakang sejarah fotografi dalam konteks arkeologi Indonesia semacam ini menjadikan nilai penting dari foto-foto tersebut sehingga dapat dijadikan fondasi dalam pelestarian untuk masa depan.


Author(s):  
A. G. Avdeev

The Russian historiographic sources recognize three probable birth dates of Hadrian, the last Patriarch of Moscow and all Russia in 17th century, i.e.1627, 1637 and 1639. The fourth date, 1636, is not widely recognized. Two epitaphs to the Patriarch Hadrian, both written by Karion Istomin, a major court poet of that time, serve as the main source of information about the life of the head of the Russian Church. The first epitaph is prosaic, mounted on his tomb in the shrine of the heads of the Russian Church in the Assumption Cathedral in the Moscow Kremlin, and the second is poetic, preserved in the papers of the poet. . This paper establishes that the cause of chronological differences were errors in reading and interpreting the date of the Patriarch's death in the prosaic epitaph, which were made in historical studies of the 19th - early 20th century and without cross-checking with the gravestone inscription were reproduced in various publications. A visual study of the prosaic epitaph, conducted by the author in March 2014, indicates that Patriarch Hadrian died on October 2, 1700 at the age of 62 . The same date is written in the poetic epitaph. The “birthday” of Patriarch Hadrian (October 2), also raises doubts; most likely this date originated in the 19th century on the basis of the day of his baptism. The conducted research on the base of combination of archival sources and critical analysis of the writings of historians of the 19th - early 20th centuries established that Patriarch Hadrian was born in 1638.


2021 ◽  
Vol 8 (1) ◽  
pp. 29-48
Author(s):  
Bárbara Polo Martín

During past centuries, pandemics were something very natural to the human race, but as result of industrialisation during the 19th century, they became a larger problem. The arrival of populations to big cities provoked the development of irregular and overpopulated quarters without any measures of safety, and facilitated the expansion of diseases. The problem resided in sanitation problems, as the example of what happened in London and Paris. As a solution, in different cities, and as a starting point, Paris with the Haussman’s proposals, issued different reforms and extension plans were made in Spain (Nadal 2017, 357-385). Humanity believed that these extension plans would give us a healthy density and an ordered expansion. We opened big boulevards to believe that we had a wide city to walk, but nothing could be further from reality. At the beginning of 20th century, history repeated itself, and now, a new pandemic crisis has shown that cities have, again, a crisis of congestion. Keywords: cartography, cities, COVID-19, urban models


Ars Adriatica ◽  
2016 ◽  
pp. 185
Author(s):  
Petar Puhmajer ◽  
Krasanka Majer Jurišić

This paper focuses on the construction history and renovations of the Benzoni Palace located in Grivica Square in the Old Town of Rijeka. The three-storey building was designed by architect Antonio de Verneda and erected during the second quarter of the 18th century as a family palace of Giovanni Antonio Benzoni, bishop of Senj (1693-1745). The palace was renovated in the late 18th century, at the time when it was owned by the bishop’s nephew, Giulio Benzoni (1732-1798), who was a city councillor. He had the front façade redesigned in the late-baroque classicist style, by adding a monumental stone portal, two balconies, and rich window decoration made in wrought iron. The palace underwent further adaptations during the second half of the 19th century, when it was repurposed to serve as an orphanage, then as army barracks, and eventually as a rental apartment building. The 20th century saw several major interventions undertaken by its tenants, which to some extent degraded the palace’s architecture. Based on the archival documentation, the authors present a proposal for the reconstruction of its original façade and the context of its design in the late 18th-century Rijeka.


Author(s):  
Malcolm Abbott ◽  
Bruce Cohen

This chapter sets out the historical background to the utilities sector in Australia up until the 1980s. In doing so it provides an account of the predominant, government-owned model of utilities ownership that existed in Australia at that time. Australia’s utilities were created as government-owned enterprises in the 19th century (post, water, and rail) or in the early years of the 20th century (electricity, telecommunications, and airports). Material in this chapter traces these origins up until the immediate pre-reform years of the 1980s, and examines some of the weaknesses in the government-owned models that had arisen by this time.


Author(s):  
Helena Vogelsang

Taking a visual stroll down the backdrops and sceneries of the master photographer Josip Pelikan is accompanied by commentary supplied by the Celje Museum of Recent History’s senior educator and carer of Pelikan’s collection, Helena Vogelsang. Painted backgrounds with various motifs used by Pelikan in both portraying and in his everyday work in the studio represent a key part of the photographer’s heritage and are part of a permanent exhibition in a skylight studio. It is the only preserved example of a skylight photo studio from the end of the 19th century in Slovenia. Various backdrops enabled the portrayed person to be presented in a way that suited him or her best; e.g. raising their social status, being placed in a specific environment or in a different position than the person occupied in real life. This surely influenced the popularity of portraits made in the wet collodion technique by contemporary photographer Borut Peterlin. In this way, the photographer revitalised the importance of Pelikan’s backgrounds and renewed the interest in old analogue photography techniques as well as a comprehensive studio portrait experience, which today no longer holds a prominent place among photographic practices. Keywords: 20th century photograhy, background, Josip Pelikan, photographic backdrop, portraiture, skylight studio, Slovenian photography, studio photography


Methodus ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 48-76
Author(s):  
Ansgar Seide

This paper reconstructs the first book of Fichte’s Die Bestimmung des Menschen as an implicit critique by Fichte of the idea of an inductive metaphysics, an idea that was developed explicitly by some philosophers in the German-speaking world only in the second half of the 19th and the beginning of the 20th century. It becomes clear which basic premises of Fichte’s philosophy are responsible for the rejection of the idea of an inductive metaphysics. In particular, the idea of an inductive metaphysics cannot be reconciled with Fichte’s strong claim of certainty. This claim was abandoned by the proponents of inductive metaphysics in the second half of the 19th century and the beginning of the 20th century, allowing the idea of an inductive metaphysics to become a serious candidate for approaching metaphysics. The analysis of Fichte’s text also shows that it is crucial for inductive metaphysics to work out a measure of the ranking of rival explanatory hypotheses so that a rational decision between competing metaphysical theories based on inferences to the best explanation becomes possible.


Author(s):  
Oleg Khromov

The article is devoted to two engravings depicting Jesus Christ and the Mother of God in lush ornamental cartouches. They are well known to Serbian art critics and are published in the catalogs of Serbian metal engravings of the 18th century. Copper engraved boards of these engravings, which Serbian researchers attribute to the end of the 18th or the beginning of the 19th century, are preserved in the Krka Monastery. Prints from them of the 18th-19th centuries are unknown in Serbian collections. In Serbia, the first prints from these boards were made in the 20th century. However, prints from these engravings were well known in Russia in the 17th-18th centuries. They were primarily used as illustrations in Russian manuscript books. The engravings were made by a Russian master at the end of the 17th century. According to the features of engraving, manner, and stylistics, they can be attributed to Moscow engraver Leonty Bunin. In Russian manuscripts, they were usually used as illustrations in the book The Passion of Christ along with the 14-sheet series The Passion of Christ by Leonty Bunin. Cases of using them as independent illustrations are known. In the 1730s, these engravings disappeared from the illustrations in The Passion of Christ series in Russian manuscript books. Their later prints are unknown in Russia. The history of their appearance in Serbia, in the Krka Monastery, remains unknown. Perhaps they appeared there as gifts from Russia which the monastery regularly received. In the 18th century, Serbian religious art experienced a powerful influence from Dutch graphics. As iconographic sources, Serbian masters used Flemish and Dutch engravings of the 16th and 17th centuries. They were the same ones that were used by Russian masters of the 17th century, especially of the second half of the century, as iconographic examples. The identity of the artistic processes that took place in the art of Serbia in the 18th century and Russia of the 17th century turned out to be so close that Serbian art historians regarded the Russian prints of the 17th century by Leonty Bunin as Serbian works of an unknown engraver of the late 17th - early 19th centuries. The biography of Leonty Bunin is considered in detail in the article, some facts of his life are presented for the first time.


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