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Codex: Un nombre antiguo

100%
Martinez Martinez F. J.
Horyzonty Polityki
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2019
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vol. 10
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issue 31
60-80
EN
RESEARCH OBJECTIVE: A brief exposition is presented on the origins and developments of Roman Law, taking as starting point the idea of a Law of Jurists that becomes a Law of Autocrats (the emperors), with changes in the sources and in the sustenance of the same ones. The ultimate result is the codification of that Roman Law in the times of Justinian and the ancient (not modern) meaning of the notion of Code. THE RESEARCH PROBLEM AND METHODS: It is a purely informative, synthesis and exposition work for which it has relied on the most recent and the most traditional bibliography and sources, analyzing one and the others. RESEARCH RESULTS: The two great moments (classical and postclassical) of the Roman era are presented, from the legal perspective, to show how this slow and painless transition from an open and plural system to another monotone, dominated by the emperor in both what the new Law refers to as old Law. The Code is the final recapitulation of this Roman intellectual and cultural world. CONCLUSION: Rome manages to evolve, without betraying itself and without abandoning its oldest sources; rather, assembling all the materials and creating a method in which medieval and modern jurists will then be inspired. In the final Code and Codification they manage to incorporate all that Law and the main guidelines for its interpretation.
2
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The Recognition of Professional Qualifications in the European Union

86%
Lipiec S.
Studia Europejskie-Studies in European Affairs
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2021
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vol. 25
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issue 2
93-115
EN
The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifications recognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualification recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU's qualification recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualification without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.
3
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Aplikácia kánonu 1098 CIC v kánonickoprávnej vede a praxi

72%
Vladár V.
Studia theologica
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2015
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vol. 1
133-151
EN
Error dolosus, specified in the Canon 1098 of the Latin Code of Canon Law, ranks among the most treated Canon Law institutes, from a legal, as well as a practical point of view. The main reason lies specifically in its wide conceptual normative definition and indicated natural law constructions, which has since the time of its promulgation provided its potential retroactive application. In reference to the history of this Canon and the fact that despite thirty years of its legal existence, most of the relevant questions have not been clarified yet, this topic is also relevant at present. A number of discrepancies occur, specifically in this respect, in terms of the practice that often infringes on the principle of legal peace in Canon Law. The main goal of this article is to point out the most important conceptual fundamentals of this Canon, its perception in legal science, including certain peculiarities and problems connected with its application in the practice of Church courts.
4
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August Karl Heylman's thoughts on the legal science

58%
Koredczuk J.
Opolskie Studia Administracyjno-Prawne
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2019
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vol. 17
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issue 4
69-77
PL
August Heylman jest jednym z zapomnianych prawników Królestwa Polskiego w XIX w. Praktykiem zajmującym wysokie stanowiska w administracji i sądownictwie Królestwa Polskiego, zajmującym się przy tym działalnością naukową. Był jednym z głównych propagatorów szkoły historycznej prawa w polskiej nauce prawa w XIX w. oraz współtwórców jednego z najbardziej znanych polskich czasopism naukowych „Themis Polska”.
EN
August Heylman is one of the forgotten lawyers of the Kingdom of Poland in the 19th century. He was a practician, holding high positions in the then administration and judiciary of the Kingdom. At the same time he occupied himself with scholarly activity. He was one of the main advocates of the historical school of law in the Polish legal science in the 19th century as well as a co-creator of one of the best-known Polish scientific journals edited under the title Themis Polska.
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