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1

ACTIO PRO SOCIO S CUDZÍM PRVKOM

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Gregová Širicová Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 4
361 – 376
EN
The paper deals with the analysis of derivative action (actio for socio) with a foreign element. Determination of jurisdiction and the law applicable to the actio pro socio is not a priori clear. As for jurisdiction, the problem seems to be a distinction between contractual and non-contractual claims, which is a key moment for the assessment of the so called special jurisdiction according to Brussels I Regulation. Regarding the applicable law, it was necessary to distinguish the law applicable for the instrument (derivative action) and for the claim that it is enforced through this instrument. When determining the law applicable to the tool, it was observed that the derivative action causes qualifying problem with regard to possible assessment of the tool as a procedural. It was argued that some aspects of actio pro socio will be procedural in nature (court will therefore apply its domestic law, e.g. the costs), other aspects are more likely substantive in nature (the court has to apply the conflict rules, e.g. subject entitled to file actio pro socio, possible defendants and pursued claims). In the next step (determination of the applicable law) we argued that the relevant questions are excluded from the scope of the European conflict rules (Regulation Rome I and Rome II). In the absence of unified conflict rules, the European court must resort to the domestic rules. In case the jurisdiction of Slovak courts would be established, it is necessary to analyse the Slovak national conflict rules. The Slovak court will apply the law of the state where the legal person was incorporated (both for the substantive aspects of the actio pro socio and for the claim that is enforced through it).
2
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PRÁVA A POVINNOSTI UHORSKÝCH BISKUPOV PRI SPRÁVE DIECÉZ V 11. AŽ 14. STOROČÍ Z POHĽADU KÁNONICKÉHO PRÁVA

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Glejtek M.
Konštantínove listy
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2018
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vol. 11
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issue 1
79 - 104
EN
Diocesan archbishops and bishops were the most prominent representatives of the medieval Catholic Church in Central Europe. They were responsible for the religious life of their archdiocese or diocese. Only appointed bishop holds power in pontificalibus, in spiritualibus and in temporalibus. After episcopal ordination, they were authorized to perform sacral acts. The status of bishops, in terms of religious governance and property administration, was derived predominantly from the canon law. Universal canon law collections, conciliar decrees and some elements of secular law determine the fundamental rights and obligations of these prelates. The paper presents the most important of them and supplements them with specific cases from the territory of medieval Kingdom of Hungary.
3

K PROBLÉMU INTERPRETÁCIE POVOJNOVÉHO OSUDU JÁNOSA ESTERHÁZYHO V SLOVENSKEJ HISTORIOGRAFII

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Hetényi M.
Studia Historica Nitriensia
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2017
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vol. 21
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issue 1
231 – 241
EN
The personality of Janos Esterhazy, a Hungarian minority politician in the period of interwar Czechoslovak Republic and in the Slovak State, is not an unknown element in the history of historiography. Difficulty in evaluation of his political activities is one of the most typical examples of different views of the Hungarian and Slovak historians. This contribution points to the state of reflexion of this personality in the Slovak historiography with the professional works of historians with an attempt to interpret the historical correlations binding to Esterhazy, focusing on his post-war destiny. An overview reveals that this part of his life is expressed by Slovak historians as a tragic personal and political chapter but they proclaim that an inadequate punishment does not qualify the historians to look at him as a symbolic person without critical reflection.
4

THE RIVALRY BETWEEN EPISCOPAL SEES IN NORTH AFRICA IN THE SIXTH CENTURY (Rywalizacja miedzy stolicami biskupimi w Afryce polnocnej w VI wieku)

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Adamiak S.
U Schyłku Starożytności. Studia Źrodłoznawcze
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2010
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vol. 9
9-24
EN
When the Vandal persecutions ended, matters of jurisdiction and precedence werea source of controversy in the North African Church. The extent of the authority of thebishops of Carthage was questioned, especially by the primates of the province of Byzacena. Mutual grievances were raised at the councils of Junca (523) and Carthage (525). After the Byzantine reconquest of Africa (533-534) relations between the bishops were regulated by imperial decisions. Novel 37 (535) gave some privileges to the bishop of Carthage, who was also granted some recognition in Novel 131 (545). The constitutions of 541 and 542, addressed to the primate of Byzacena, are the response of Justinian to various requests coming from Africa and show the general concern of the emperor to preserve 'the ancient customs'. The constitution of Justin II from 568 reaffirmed the right of the primates of Byzacena to send their representatives to Constantinople. The article analyses the surviving legal texts relating to this problem. It also shows that the questions raised, however trivial they may seem, were significant to the very end of African Christianity, as proven by the letters of Pope Leo IX from the eleventh century
5

ARISTOCRATIC ENCLAVES AS A FOREIGN LEGAL ELEMENT IN URBAN SPACE

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Starý M.
Mesto a dejiny
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2022
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vol. 11
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issue 2
27 – 55
EN
Disciplination of the population in the medieval and early modern city may have been complicated by the presence of an alien element, which in the bourgeois environment was the nobility. In many cases, the nobility was able to acquire town houses and sometimes even managed to have them exempted from the jurisdiction of the municipal authorities and registered in the land tables. Be that as it may, these houses constituted legal enclaves of their kind. The study examines the legal conditions of these enclaves against the background of the legal developments in the Kingdom of Bohemia and Margraviate of Moravia in the fourteenth–seventeenth centuries and tries both to summarize the existing knowledge and to draw attention to some better though lesser-known sources that document this issue.
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