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Czynności przygotowawcze w sprawach kryminalnych rozpoznawanych przez sądy miejskie w Polsce XVI-XVIII wieku

100%
Mikołajczyk M.
Z Dziejów Prawa
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2011
|
vol. 4(12)
27-49
EN
The towns of the pre-partition Poland were governed by a separate law, the so called Ger- man law which between the 16th and 18th centuries already differed a lot from its Magdeburgian prototype. The criminal trial used in these towns, despite some influences of the inquisitional proceedings remained the features of the plaint-contradictory procedure. The trial, in principle, started from lodging a plaint by a person in question. Thus, one can ask a question on initial and preparatory activities preceding court proceedings, examine who initiated and conducted them. The studies covered the practices of selected towns in Małopolska. It turns out that the very little information on preparatory activities conducted before the plaint was lodged is available. Thus we can assume that a small number of source information relates to the poverty of the initial activities themselves. They were most often boiled down to individual actions, aiming at, for instance, detecting the criminal and his/her capturing. In addition, only a part of them was introduced by the court, the other was taken at the request of private people and there were also the ones introduced without the engagement of a public factor. Probably, only a part of them was inquisitive in nature. What is more, we hardly notice more developed forms of proceedings which covered dif- ferent activities mutually complementing one another. Law and municipal practice clearly did not manage to shape a preparatory proceeding preceding a court trial. Instead, only its elements appeared in the form of different, often completely informal, activities.
2

A LIABILITY OF THE MUNICIPALITY FOR DAMAGES CAUSED BY LAW ENFORCEMENT (Zodpovednost obce za skodu sposobenu pri vykone verejnej moci)

88%
Auxtova M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 6
542-555
EN
A liability for damages caused by law enforcement represents a kind of liability securing law enforcement legalness. The article analyses municipality as a subject of such liability and reasons about conditions and circumstances under which the municipality becomes such subject. The article also introduces current legal regulations of liability for damages caused by law enforcement emphasising the role of the liable subject, extent of liability, liability claim and regression amends. The end of the article points out the practice problems of municipal law enforcement and seeks solutions of mentioned problems in current legal regulations. De lege ferenda thoughts are also proposed.
3

VZŤAH POZEMKOV A VECÍ S NIMI SPOJENÝMI NA ZÁKLADE ŽILINSKEJ PRÁVNEJ KNIHY

88%
Lysý M.
Historický časopis (Historical Journal)
|
2022
|
vol. 70
|
issue 3
385–402
EN
The paper based on the analysis of municipal law in the town of Žilina is concerned with legal relation of plots of land and the things attached to them. The town code of Žilina was an expression of the Magdeburg law and it reached Žilina through the influence of the town of Krupina. The tavernical law is also analysed, as well as some other Hungarian sources related to municipal law (especially the Opus Tripartitum). The analysis of these sources suggests that in spite of the absence of the superficies solo cedit principle as a visible rule, all disputable things related to the connection of a plot of land and a movable property or a construction are consequently solved by the unity of the property of such a plot of land and a thing connected to it. Such a solution can also be found especially in cases like constructions or other objects on a rented plot of land, but also in some other cases, like a flight of a hive to another plot of land. Conclusions formulated in this study are collected mostly from the area of the Žilina law or the tavernical law, but in contrast, such solutions are not to be found in the Bratislava law or in other towns. This fact is probably caused by the lower urbanization level of Žilina in contrast with Bratislava and in the density of constructions of these areas. By higher density of construction we can presume the lower level of constructing on such rented plots of land. If we can find such examples from the town code of Žilina, it is possible to generalize this for other towns, too.
4

VYBRANÉ ASPEKTY DORÁBANIA A KONZUMÁCIE VÍNA V STREDOVEKOM MESTSKOM PRÁVE (NA ÚZEMÍ DNEŠNÉHO SLOVENSKA)

88%
Lysá Ž.
Historický časopis (Historical Journal)
|
2023
|
vol. 71
|
issue 4
689 - 708
EN
Municipal law can be defined as all law relating to towns: it is a set of legal norms that regulated the relationship of townspeople to the monarch and regional institutions, as well as the citizen to citizen relations. It was about all the law to which the citizens were subject or governed themselves. From the point of view of sources of law, municipal law includes all forms – privileges, decrees (laws), but also autonomous statutes and custom. The basis of the study is the sources of municipal law in the narrower sense of the word, namely the area of law within the competence of municipal authorities that regulated relations within the city. It uses sources of law created in the environment of medieval cities which allow a glimpse into the daily life of medieval citizens. The contribution will focus on two aspects of the presence of alcohol in the life of a medieval person. What role did drunkenness/sobriety play in the judicial process, both in relation to the decision-making processes of the court itself, and in relation to offenses by defendants or victims (mitigating circumstance, full awareness for committing the act). The second aspect captured in municipal law is the disputes and rules regulating the relations between citizens and winegrowers, which colourfully portray the daily life associated with the finishing and bottling of wine.
5

REGIONALIZMUS AKO NÁSTROJ ZMENY VO VZŤAHU MEDZINÁRODNÉHO A VNÚTROŠTÁTNEHO PRÁVA (PLURALIZMUS NA OBZORE), I. ČASŤ

75%
Elbert L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 5
468 – 478
EN
Current development of International law encourage us to rethink well-established theory of monism and dualism explaining the relationship between International and Municipal law.1 New ideas of the relationship of legal orders are emerging mainly in the European region which is affected by the legal order of European Union. These ideas are related to the theory of legal pluralism. Although increasing constitutionalism and fragmentation undermine its foundations, the pluralism is still one of the best solutions how to deal with the new role of International law (which now also govern the fields so far covered just by national law), relationship between International, European and Municipal law or internationalization of the constitutional law. Basic idea of the pluralism is existence of no hierarchy, so we can apply norm of this legal order which is the best for the protection of the values common for all legal orders.
6

REGIONALIZMUS AKO NÁSTROJ ZMENY VO VZŤAHU MEDZINÁRODNÉHO A VNÚTROŠTÁTNEHO PRÁVA (PLURALIZMUS NA OBZORE), ČASŤ 2

75%
Elbert Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 6
560 - 570
EN
The relationship between international and national law has been traditionally defined by the theories of monism and dualism. These theories became established in a period when it was argued about the primacyof international law over national law or vice versa, or whether international law can be regarded as an autonomous legal system worth of adherence. However, the ideas have been replaced by reflections on the relationship between legal systems as such, in particular in the European area, where European law has wedged in between international and national law. The European Union continuously strengthens the autonomy of European law; therefore we present several considerations on the influence of European law as another legal order applicable by authorities of the member states on the relationship between the laws in conditions of the European region. Although the theory of pluralisn is not a generally established and respected theory describing the relationship among international, European and national laws, a variety of different considerations lead us to review our view of this relationship. They include new function of international law, European regionalism and internationalization of constitutional law and other concepts, which were initially only applicable to national law. Also these reasons bring the ideas on legal pluralism of laws to the foreground. However, there are also considarations, which undermine the position of pluralism as a suitable theory for the relationship among international, European and national laws, such as fragmentation of international law undermining the legal certainty in international law or constitutionalism at global or European level.
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