Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 3

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

VÝZNAM ADVOKÁTSKYCH RODÍN V ŠTRUKTÚRE SLOVENSKEJ ADVOKÁCIE V MEDZIVOJNOVOM ČESKOSLOVENSKU

100%
Kerecman P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 3
248 – 283
EN
In interwar Czechoslovakia the arrival of young adepts to the legal profession was influenced not only by the objective position of advocacy in society determined by legal regulations and by economic situation of the lawyers or perception of this profession by the public, but also by the family environment. The specific features of Slovakia were a relatively small territory, the ideological closeness of the profession´s members, which appeared already in the Hungarian period, especially among nation-oriented lawyers, and the fact that law offices were established directly in homes of the lawyers, where their families lived. These circumstances also contributed to the establishment of family relations among lawyers. Lawyer´s families were connected by marriages of sisters and daughters of lawyers with their colleagues. The lawyers employed in their offices not only their sons, but also their other relatives. In some cases, several siblings worked as lawyers. The most important Slovak lawyer´s families were the Mudroňs, the Halašas, the Daxners, the Fajnors, the Jesenskys and the Bazovskys. Many renowned pre-revolution lawyers transferred their legal practices to their sons (e.g. J. Dérer, C. Horváth, S. Medvecký, P. Jamnický, A. Pivko, E. Stodola) or nephews (e.g. I. Markovič, M. Mičura, D. Okáli). The lawyer´s profession was later transferred from fathers to daughters and marriages between female lawyers (articled clerks) and male lawyers were concluded – they often performed the legal profession together. Lawyer´s families in Slovakia in the interwar period were an important bearer of traditional values of the legal profession and contributed to its development.
2

PASÍVNA LEGITIMÁCIA PRI ZÁSAHOCH DO CTI, DÔSTOJNOSTI A DOBREJ POVESTI VÝROKMI OSÔB POUŽITÝCH PRI INFORMOVANÍ O VÝKONE VEREJNEJ MOCI (1. ČASŤ)

100%
Kerecman P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 3
208 – 228
EN
Honour, dignity or reputation can be affected by, among other things, statements made by leading politicians, spokespeople for state institutions or the content of press releases provided to the media when informing them about the exercise of public authority. Since the media, further disseminating this information, are not responsible for its veracity, it is necessary to reliably identify the entity responsible for such effects. Slovak judicial practice assesses actions in these cases under the provisions of the Civil Code on protection of personal rights and concludes that the entity responsible for the effect is not the state, but the state institution responsible for the statement of the natural person, because that person does not act directly on behalf of the state. However, these conclusions were drawn without careful consideration being given to the possibility of judging these claims under the Public Liability Act. When examining this problem, it is also necessary to address the theoretical starting point of the problem. In particular the nature of the liability of the state and state institutions, the requirements for there to arise liability for damages and nonmaterial damage outside the exercise of public authority, the nature and extent of liability for damage and non-material damage in the exercise of public authority, the interrelationships between the rules governing liability in both cases and also the concept of liability for others in the conclusions of legal theory and practice.
3

PASÍVNA LEGITIMÁCIA PRI ZÁSAHOCH DO CTI, DÔSTOJNOSTI A DOBREJ POVESTI VÝROKMI OSÔB POUŽITÝCH PRI INFORMOVANÍ O VÝKONE VEREJNEJ MOCI (2. ČASŤ)

100%
Kerecman P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 4
291 – 305
EN
Honour, dignity or good name can be also damaged by statements of constitutional actors, spokespersons of the state authorities, or by the content of their press releases that are issued to the media in the process of informing about the exercise of public power. The media that spread such information are not responsible for their veracity and therefore it is necessary to reliably determine the entity liable for such damage. The Czech judicial practice offers solutions that are different from those offered by the Slovak judicial practice. It concludes that informing about the exercise of public power is part of the exercise of public power and that provision of information about the exercise of public power to the media should be regarded as an official procedure that is incorrect if provided information proves to be false. This leads to the conclusion that the state, rather than its authority, is liable for damage to the honour, dignity or good name. Liability should be assessed according to a special norm regulating liability of the state for damage caused in the exercise of public power. Liability of the used person will be assessed according to the provisions on the protection of personality in the Civil Code only in case of an excess (abuse?). These conclusions of the Czech judicial practice are convincing and can inspire also the Slovak judicial practice, provided that similar legal provisions are applied. Unambiguous solution of passive objective legitimacy in these cases is the prerequisite of an effective protection of the fundamental right to preservation of human dignity, personal honour and good name.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.