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EN
The Tovačov lawbook is one of the most important sources of the Moravian provincial law in the 15th and 16th century. It has never been printed but it was spread only by numerous manuscripts. This lawbook was published in two editions in 1858 and 1868. Legal historian F. Čáda made an analysis of manuscripts in the end of 1960s. A newly discovered manuscript (Moravian Land Archive Brno) belongs to the oldest manuscripts layer. It is a part of convolute together with prints of Moravian Provincial Code of 1516 and Bohemian Vladislaus Provincial Code of 1500. New manuscript belongs to the Olomouc group of manuscripts of Tovačov lawbook and it is analysed in the context of other known manuscripts.
EN
The article focuses on one aspect of the work of apostolic nuncios to the emperor in the late 16th and early 17th century in the lands of the Crown of Bohemia. Based on the analysis of selected documents of ecclesiastical provenance, including correspondence between the nuncios and the Curia, it highlights the importance of legal terminology and turns of phrase in the discourse under study
EN
Following the footsteps of Józef Mélèze Modrzejewski and reassessing his law-custom theory, the essay explores the principles of law-application under Roman law. Passages from Ps.-Menander’s Epideictic Treatises and Gregory the Miracle-Worker’s Eulogy of Origen are confronted with the selected papyrological evidence of apparent ‘conflict of laws’ faced by the Roman jurisdiction: the petition of Dionysia (P. Oxy. II 237), and a text concerning the testamentary freedom of the Egyptians (P. Oxy. XLII 3015), and finally with a fragment of a juridical work attributed to Volusius Maecianus (D. XIV 2.9 pr.). In conclusions, a new take of the problem is presented. I suggest the principle ordering the choice of competent law be lex posterior derogat legi priori. Thus, after the Roman conquest the old norms remained in force until expressively abrogated by a new Roman precept: be it in a form of a judicial decision (in line of the Roman magistrate-law making), or new imperial legislation.
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