Search results - CEJSH

1

Franciszek Bossowski (1879–1940). Szkic do biografii

100%

Szczygielski K.

Miscellanea Historico-Iuridica

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2009

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vol. 7

71-83

EN

Franciszek Bossowski (1879–1940) was a professor of Roman law. He worked at Stefan Batory University in Vilnius from 1920 to 1939. In this period he was a Dean of Faculty of Law in academic years 1927/1928 and 1928/1929. Bossowski is an author of many valuable papers concerning history and institutions of Roman law, among other things: Znalezienie skarbu wedle prawa rzymskiego (Finding of treasure according to the Roman law); Ze studiów nad pierwotnym testamentem rzymskim (Studies on a primitive Roman testament), Actio ad exhibendum w prawie klasycznem i justyniańskiem (Actio ad exhibendum in classical and in Justinian’s law), Cura prodigi et luxuriosi and Ze studiów nad rei omanistsn. Problem legitymacji biernej (Studies on rei vindicatio. The problem of passive capacity to be a party in a lawsuit). He kept scientific contacts with famous Italian romanists – Salvatore Riccobono and Pietro Bonfante, who both have received doctorates honoris causa of the Vilnius University in 1929. Professor Bossowski was also interested in civil law and comparative law. He was a member of many international and domestic scientific societes. After the outbreak of World War II he was arrested by the Nazis and imprisoned in Sachsenhausen concentration camp. He died in Cracow in 1940, after returning from lager in mortal state.

2

Reformy rzymskiego kalendarza – uwagi do badań nad prawem rzymskim

61%

Kosior W. J.

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2019

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vol. 17

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issue 3

51-66

EN

This article discusses the problem of reforms that affected the Roman calendar from its formal establishment up to the time of its formation to what we now know. The need to analyze that matter arose on the occasion of studies on the importance of age in Roman law and precise determination whether 1 year always meant 365 days.

3

Prawo rzymskie jako wskaźnik otwartości środowiska prawniczego? Panorama głębokiej europejskiej prowincji intelektualnej

57%

Longchamps de Bérier F.

Forum Prawnicze

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2019

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issue 6 (56)

98–103

EN

What is the purpose of a study to present comprehensively the condition and social impact of civil law lawyers in 18th century England? The study provides a broad panorama of a far European province, particularly in relation to its legal and intellectual character. A province is an intellectual, not a geographical term. Yet, the panorama should not be art for art’s sake. A comparative study based on it might be instructive, if a legal researcher following it becomes well acquainted with the foreign jurisdiction and its legal history. There will always be a need for learned diagnoses and for the openness of lawyers’ minds. A study of Roman law, if introduced and exercised as practical legal history, has proven to provide a very useful measure of diagnostic accuracy and to overcome provincial thinking in law.

4

Provisions for the proconsul. Some remarks on D. 1.16.6.3 in the Kórnik manuscript of Digestum Vetus

57%

Jońca M.

Classica Cracoviensia

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2012

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issue 15: Leadership in Antiquity: Langauge - Institutions - Representations

123-136

EN

The paper discusses Medieval interpretation of Roman legal prescription, concerning the acceptance of gifts and presents by state officials. The discussed text is the Kórnik manuscript of Digestum Vetus and the comments that it contains, both in form of text and illustrations, that pertain to the main issue debated.

5

Ships and crew. historical profile

57%

Casola M.

Journal of Modern Science

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2018

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issue 3(38)

237-266

EN

The organization of the ship was connected to the organization of the board, according to the type of ship. It concerned the crew’s composition, the division of roles and responsibilities, the recruitments procedures and orders. The employment relationship was peculiar, governed by a specific regulation. There was a separation of duties and therefore there were different contracts of recruitment for the crew members. As to the ship, the roles of magister navis were different from the one of the crew, since the former signed a contract comparable to modern self-employment contracts and the latter signed a contract of subordinate employment similar to modern contracts. The paper examines, through the analysis of sources and of literature, the organization of the merchant ship and the recruitments procedures.

6

John Chrysostom’s Discourse on Property Ownership: An Analysis from the Perspective of Roman Law

57%

Yingxue C.

Vox Patrum

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2022

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vol. 83

221-246

EN

Unlike the dominant but simplified view of previous scholarship that Chrysostom stands in opposition to Roman property law, his attitude towards Roman law concerning property ownership is quite complicated. Insisting on the belief that things are created for common use and God is the ultimate owner of the world, Chrysostom denies various modes of property acquisition approved by Roman law (inheritance, thesauri inventio, and specificatio ) to be righteous, but when clarifying the limited and inferior human right over things in comparison with that of God, he never hesitates to use the Roman legal terms χρῆσις and δεσποτεία. Moreover, based on the conviction that the worldly economic order derives from divine providence, he confines his enumeration of the things shared in common mainly to the Res communes and Res publicae or Res universitatis under Roman law and persuades his audience to help those in need with the wealth temporarily under their stewardship. As a rhetorical strategy, Chrysostom’s use and manipulation of Roman legal language and thought aimed to promote almsgiving

7

Rękopis Digestum vetus ze zbiorów Biblioteki Kórnickiej PAN

57%

Baran-Kozłowski W.

Historia Slavorum Occidentis

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2014

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issue 2(7)

39-62

EN

Currently in the collection of the Kórnik Library, the manuscript, produced by order of the Emperor Justinian, contains Digestum vetus with the later gloss of Accursius. It is considered one of the most interesting copies of this work in Europe, its rank determined mainly by the rich iconographic program consisting of 25 initials and over 230 illustrations in the margins, the majority of which are multiform scenes. Art historians studying the discussed manuscript indicate that among numerous manuscripts of the Digestum preserved in European collections, there is not another one with such a gorgeous illustrative programme. The miniature illustrations in initials, produced by a single master, open subsequent books of the Digests, referring specifi cally to the content of the fi rst titles of given books. The remaining 238 marginal miniatures were made by three illustrators working in parallel on particular signatures to the manuscript. The analysis of their dispersion on each page has revealed that they were produced once the marginal gloss of Accursius was written down. In most cases the illustrations directly illustrate case studies contained in the Digestum. These miniatures were designed so as to facilitate the perception of the text of the Digestum, help in memorising specifi c cases and to facilitate the search in the entire comprehensive codifi cation. In light of recent fi ndings of art historians, this manuscript was produced in several stages. First, the text of the Digestum was written, probably in northern Italy, in the last quarter of the twelfth century, then, in France in the 1230s the marginal gloss of Accarsius was added and illuminations prepared. This Code came to Poland in the fi fteenth century, owing to the canon of Kraków and the scholastic of Płock Dersław of Karnice, who bought it during his studies in Italy in the years 1469–1471. The manuscript spent 300 years in the library of the Chapter of Płock, where he was purchased by Tadeusz Czacki to be located it in the Poryck Library. Then Digesta were bought by Adam Jerzy Czartoryski, and stored in the Library of Puławy, from where with a considerable part of manuscripts, it was ultimately transported to the Działyński Library in Kórnik, which has housed them to this day.

8

Historical and Legal Context and Significance… of Selected Roman Public Law Institutions of the Early Principate Described in Canonical Gospels of the New Testament

57%

Kubala M. T.

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2021

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vol. 11

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issue 4

659-687

EN

The article analyses the issues in question by means of a method used in the legal sciences which in the Polish methodology is called “the historical and legal method.” It involves presentation and analysis of selected legal institutions and of their evolution in time. The following issues-identified across the pages of the Gospel-are analysed in this article: political and systemic context of evangelical events (section 1), the role of censuses in the implementation of Roman administrative and systemic principles (section 2), Roman tax law in the context of tax burdens resting on residents of Judea (section 3) and the Roman judicial procedure in the context of the trial of Jesus (section 4). In the summary the author answers the research question asked in the introduction: to what degree does the historical and legal significance of selected institutions of Roman law, inspired by the description of these institutions in canonical gospels of the New Testament, determine the contemporary understanding of the gospels themselves?

9

Wolność do religii czy wolność od religii

57%

Wołodkiewicz W.

Themis Polska Nova

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2014

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issue 2(7)

5-13

EN

The paper discusses the attitude of the Roman Empire towards Christianity during the period of Principate and Dominate, as a side theme to the debate on religious liberty launched at the time of the Vatican Council II. It analyzes the approach of emperors to religious views in the Theodosian and Justinianic Codes. It also touches upon the relations between the State and the Church in the present situation of the III Polish Republic.

10

Utilitas publica z perspektywy prawa rzymskiego i polskiego

57%

Sitek B.

Themis Polska Nova

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2014

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issue 1(6)

21-35

EN

The concept of „public utility”, used in contemporary language of the law and juridical language, was also used in Roman law as utilitas publica. This concept allows to separate the public sphere from the private sector. However, the boundary between sphere of public sphere and private sector have not always been blurred since ancient times. In ancient Rome, the boundary between what was public and what was private was changing and depended on a type of political system, an understanding of the public good or the boundaries of individual’s autonomy. In contemporary times there is also a debate over how far should the powers of the State reach. There is even a discussion about the redefinition of the State, and even about the need for withdrawing the State from the areas of activities traditionally belonging to its empire. It is assumed that the public utility is a service as well as leading production used to meet the needs of all people in a continuous manner. It is not required, that this availability is truly enjoyed by all.

11

Ignorantia iuris nocet Principle in selected Polish legal regulations – outline of the problem

57%

SZYŁKOWSKA M.

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2019

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vol. 5

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issue 2

35-40

EN

This article presents reflection made in the field of Roman legal thought in selected Polish legal regulations with potential impact on the functioning of the individual. The universal form of the principle – regardless of the legal system – implies a potential threat to the functioning of the individual in the form of uncertainty. The purpose of this publication is to indicate the need to update legal regulations regarding the indicated matter – in particular – in the form of an obligatory examination for the courts of the statute of limitations in a situation where a natural person is a party to the proceedings. Accurate provisions of the Code of Administrative Procedure, Code of Civil Procedure and selected court sentences were presented. In the research process, was made extensive use of qualitative research methods, including in the form of analyses (e.g.: legal and institutional analysis, comparative analysis, system analysis and methods: analysis and logical construction), generalization and implication. In turn, among quantitative research methods, intensively was used statistical analysis and a diagnostic sounding survey. In addition to the literature analysis – important support of the research process was the examination of documents (including provisions of national law) and available sources of knowledge about the problems studied. The source material included both open access and published studies in specialist journals. At this stage of the research, have been analysed the applicable legal regulations and selected sentences of Polish Courts. The mentioned above, empirical methods included the following: a diagnostic sounding survey – conducted in the form of surveys using the CAWI technique. The empirical stage ofthe research also consisted in the assessment of the legal status. The cognitive and utilitarian premises of the problems are the implementation of the adopted hypothesis: Ignorantia iuris nocet Principle in connection with numerous amendments to regulations may have negative consequences for the functioning of the individual.

12

Commons — dobra wspólnie użytkowane. Prawnoporównawcze aspekty korzystania z zasobów wodnych (Grzegorz Blicharz)

57%

Szymaniec P.

Przegląd Sejmowy

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2019

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issue 5(154)

149–155

EN

This text is an analysis of Grzegorz Blicharz’s book on common-pool resources. The benefits which can be acquired by lawyers through using the concept of goods developed in economics have been pointed out. It is also emphasized that in Blicharz’s considerations, the use of Roman law as a specific pattern of commons regulation is a new element in the context of the hitherto literature on the subject. The author’s presentation of the public trust doctrine, developed by the US Supreme Court in its jurisprudence on environmental goods, may be relevant to Polish debates on ownership. In addition, the work of G. Blicharz can be considered a good introduction to empirical research on the legal aspects of management of jointly used water resources in Poland.

13

Sir John Fortescue i narodziny angielskiej teorii konstytucyjnej

57%

Tulejski T. D.

Przegląd Sejmowy

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2021

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issue 5(166)

133-159

EN

Sir John Fortescue, Chancellor of King Henry VI is the first writer to analyse the political system of England by referring to English political practice. Long before Montesquieu, he noticed the relationship between the political system and the social conditions of his country. Explaining the nature of the English constitution and law, he compare it with the political and legal devices of other countries. That is why he contrasts the systems based on Roman law with English common law. In the article, the author argues that the basis of the Fortescue’s reflection is the rejection of Roman law, because he defends the English political tradition against the continental concept of sovereignty.

14

Leopold Heyrovský - homo academicus převratných časů

57%

Skřejpek M.

Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)

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2024

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vol. 163

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issue 2

184-188

EN

Professor Leopold Heyrovský can be described as a founding father for many reasons. He was the first teacher of Roman law in Czech, he created the first Czech textbook in this field, and he contributed decisively to the creation of the Czech terminology of private law. He was also at the beginning of modern legal Roman studies and not only established the tradition of its teaching at the Faculty of Law, but also laid the foundation stone of its present building.

CS

Profesor Leopold Heyrovský může být označen za zakladatele, a to z mnoha důvodů. Byl prvním vyučujícím římského práva v češtině, vytvořil první českou učebnici tohoto oboru a rozhodující měrou se zasloužil o vytvoření české terminologie soukromého práva. Stál také na počátku moderní právní romanistiky a založil nejen tradici její výuky na právnické fakultě, ale také položil základní kámen její dnešní budovy.

15

Artificum scaenicorum studium amoremque inhonestum probrosumque esse. The actors and their audience in the Roman theatre

50%

Loska E.

Classica Cracoviensia

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2014

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issue 17

145-163

EN

The paper analyses the role and position of actors in ancient Rome, from the times of the Republic to the principate. Main emphasis is put on the legal understanding of problems such as the special order of seating in Roman theatres and the privileges of senators and ordo equester, social position of actors and the question of the citizens’ participation (willing or not) in the performances.

16

Roman law and principles of the constitution of the Roman Republic of 1849 in the scientific and European constitutional context. The roots of the crisis of constitutionalism

50%

Vallocchia F.

Journal of Modern Science

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2021

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issue 1/46/2021

225-238

EN

Objectives: Given that contemporary European constitutionalism has its roots essentially in the "Déclarations" developed during the French Revolution and, to some extent, also in the 19th century experience of the codifications, and that the codes, in turn, are inspired by Roman law, it is worth asking how much of Roman law there is in the constitutions and statutes approved during the 19th century. Material and methods: Therefore, turning the question particularly to the subject of the Constitution of the Roman Republic of 1849, the work of the constituents demonstrates the existence of a sort of laboratory, political and juridical, within which a synthesis between the Roman juridical tradition and the tripartite separation of powers was sought. Results: Given that contemporary European constitutionalism has its roots essentially in the "Déclarations" developed during the French Revolution and, to some extent, also in the 19th century experience of the codifications, and that the codes, in turn, are inspired by Roman law, it is worth asking how much of Roman law there is in the constitutions and statutes approved during the 19th century. Conclusions: Therefore, turning the question particularly to the subject of the Constitution of the Roman Republic of 1849, the work of the constituents demonstrates the existence of a sort of laboratory, political and juridical, within which a synthesis between the Roman juridical tradition and the tripartite separation of powers was sought.

17

A state and the protection of its interests. Advocatus fisci vs State Treasury Solicitors’ Office

50%

Sitek B.

Journal of Modern Science

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2017

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issue 2(33)

49-60

EN

The modern concept of the state dates its roots to the beginning of the Renaissance. Created at that time, the concept of ‘the national interest’ realized the existence of a sphere of rights and interests of a particular country, which must be protected in a particular way. To this end, national bodies responsible for protecting the rights and interests of the state were established. Despite the different conception of the state, the origins of institutions dealing with the legal protection of interests and rights of the state can be found in the Roman institution advocates fisci. Even then, numerous provisions governing the organization and functioning of the institution arose. In Poland the institution which deals with this king of protection is the State Treasury Solicitors’ Office. The object of this elaboration is to identify similarities and differences between those two institutions.

18

The formation of Gratian’s Decretum as an example of the vitality of Roman law

50%

Alexandrowicz P.

Adam Mickiewicz University Law Review

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2014

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vol. 3

13-24

PL

The formation of Gratian’s Decretum as an example of the vitality of Roman law Gratian’s Decretum was one of the most significant legal collections in the history of canon law and was the foundation of canon law science. It was compiled in about 1140 as the consequence of many important factors. Firstly, the creation of Gratian’s Decretum was the result of various trends appearing in the history of canon law. Secondly, Decretum was an answer to the changes taking place in the Catholic Church in the 11th and 12th centuries. Finally, the formation of Gratian’s collection was related to the revival of Roman law: the teaching of Irnerius’s work recovered Roman law and the relations between canon and Roman law. Decretum became a sign of the vitality of Roman law and the beginning of canon law. The importance of Gratian’s work consisted in the method of proceeding with legal sources. The new method resulted from both scholars’ achievements and those of medieval Roman jurists.

19

Entre glosas y censuras. Recepción y circulación del Corpus Iuris Civilis en la Nueva España (siglos XVI y XVII)

50%

Hernández Santiago O.

Miscellanea Historico-Iuridica

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2020

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vol. 19

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issue 1

395-420

EN

The purpose of this article is to show the reception and circulation of the Corpus Iuris Civilis the New Spain (Mexico) during the XVI and XVII centuries. It analyzes the importance of the Roman law as a part of the phenomenon of legal reception in the Spanish America. It studies the readings, comments and censorships of the different editions of these books, which were introduced extensively since the first decades of the American conquest. In the recent years, the Latin American historiography has analyzed the reception of the ius commune in the Spanish colonies, but it appears to give more priority to other legal sources as laws and customs. As a result of this point of view, it has been forgotten the knowledge contained in the legal books. In this research, my main sources are the books preserved in the Mexican National Library. The choice of the materials is due to it preserves the prints of some of the major libraries during this period (university, seminars and religious colleges). In order to achieve this objective, I analyze my period according to the Robert Darnton’s communication circuit. This methodological model focuses on the role of authors, publishers, printers, distributors and readers in the process of production, distribution and consumption of the books.

20

THE SCIENCE OF LAW REGARDING NEW LEGAL CONTRACTUAL COMMERCIAL INSTITUTIONS FROM THE POINT OF VIEW OF THE CONTINENTAL CIVIL LAW SYSTEMS: THE SPANISH AND GERMAN EXAMPLES

50%

Palao-Uceda J.

Review of European and Comparative Law

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2018

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vol. 35

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issue 4

73-102

PL

This article tries to return to the essence of civil law which, with a little more than ten key contractual institutions, allows all disputes created from newly founded institutions to be examined and interpreted. If law is science it must be ableto be reduced to a set of basic concepts that have been coined and concluded from daily contractual practice and, almost in their entirety, have been in force over time. Hence the study of Roman law and Roman legal tradition remain a constantreference to our continental law. However, this does not prevent them from being open to gradual enrichment.

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