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Scientists of the State, Science of the State, and the State: Austrian and German Public Lawyers in the Short 20thCentury Part 1: The Age of Catastrophe, 1914-1945

100%
Puff R.
Baltic Journal of Law & Politics
|
2012
|
vol. 5
|
issue 2
109-131
EN
Between the First World War and the end of the Cold War, Germany and Austria, whose legal cultures were highly interdependent in terms of persons, conceptions, and institutions, saw eleven or twelve fundamentally different regimes, depending on the interpretation of Austria’s status from 1938-45. Lawyers often ensured the legal functioning of these regimes and legitimized their existence. This again affected their notions of law, legality, and justice, and of the principles underlying these concepts, as well as their personal preferences and societal roles. Based on the analysis of about two hundred biographical sketches of Austrian and German lawyers, mostly from the field of public (international) law, of about 2,500 contributions to the leading “(Österreichische) Zeitschrift für öffentliches Recht” from 1914 to 1945, and of the respective legal history-literature, this contribution analyzes the relation of Austrian and German lawyers to their respective states and regimes, and outlines the typical patterns of how they were affected by regime changes and how they reacted to them. Proceeding from this analysis, in the second part of this study, the relation between lawyers and the state until the end of the cold war will be illustrated and it will be shown that some typical patterns in the lawyers’ reaction to regime changes can be identified. Also the impact the state-lawyers-relation had on the development of Austria and Germany to stable, functioning democracies will be outlined.
2

Dopuszczalny zakres działania spółki komunalnej

86%
Szczepaniak R.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 2
449-472
EN
A municipal company operates most often as a limited liability company or a joint stock company. However, its legal status is characterized by a high degree of originality and it significantly differs from the status of a typical limited or joint stock company. In particular, local government units (in municipalities, counties, or provinces) implement through a municipal company their statutory duties to satisfy the needs of the local community. Therefore, the legal nature of the company is closely linked to the nature of a particular local government unit. A municipal company is an entity with a special purpose. It has been created to achieve specific objectives and the scope of its activities is defined by the law. One may ask the question what legal consequences arise when the company takes legal action, for example, it concludes a contract, beyond the statutory scope of its activity. According to the author this question is complex. In order to answer it interdisciplinary analysis should be carried out taking into account the scientific achievements regarding both the civil and the public law. In conclusion, the author advocates a moderate and cautious solution, taking into consideration the need to respect the principle of legal security. Thus he expresses the view that legal action, such as a contract concluded outside the scope of permissible activities of such companies will be valid. Consequences of another kind, such as administrative and legal sanctions may nonetheless occur
3
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Private law and public law narrowly interlinked in the French Social Security system

58%
Laborde J.-P.
The Lawyer Quarterly
|
2017
|
vol. 7
|
issue 4
225-230
EN
As well historically as in the present times, the French Social Security system is particularly complex in what concerns the respective parts of private law and public law. It is characterized by a crossing of these two branches of law and this crossing is manifest in the general organization of the system than in many of its elements and this crossing is manifest as well in the general organization of the system as in many of its elements. So, one of the main questions today is to know towards which direction the French Social Security System will make its way in the future. It is not sure at all that the intricacy of public and private law, very complex though it is, will be abandoned in the following years.
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