This article addresses the question of whether and how the Lutheran Reformation led to a (further) pluralisation of legal systems. Since the beginning of the early modern period, primarily in the ...course of the 16th century, a wave of legal records and legal codifications can be observed throughout Europe. The connection with the reception of Roman and Canon law is obvious. On a completely different level, an epochal church schism took place from the early 16th century onwards, triggered by Martin Luther’s (1483–1546) fundamental criticism of the Roman Church. The term “pluralism of legal systems” is used here in the sense of diversity as well as the accepted coexistence and togetherness of cultural phenomena in the field of law. The article is divided into three sections: In the first section, an overview of legislation, primarily in the Holy Roman Empire, from about 1517 to the end of the 16th century will be given. Among the many examples will be the famous Czech city law codification of Pavel Koldin, which was newly edited and annotated a few years ago. A second section will deal with those legal norms that are related to the Lutheran Reformation and can be seen as consequences of the Reformation. In a third section, some substantive innovations that have had an impact up to the current legal system will be presented. The conclusion will be a short summary and some further observations.
This article presents the scholarly activity of two generations of researchers focusing on Roman law, associated professionally with the Lviv university in the interwar period. First, it shows the ...attainments of Leon Piniński and Marceli Chlamtacz. Then, it focuses on the attainments of a younger generation of Lviv scholars, including Wacław Osuchowski and Edward Gintowt. The presentation of the activities of these scholars made it possible to demonstrate the scholarly potential of the Lviv interwar Romanist community, which was one of the leading centers of research on Roman law in interwar Poland, if not the most important one.
The paper focuses on the historical development of the free (as opposed to subject) farmers in Bohemia from the High Middle Ages to the Early Modern Period. As the terminology was changing from ...inheritor (heres, dědic) to freeholder (dědiník) to yeoman (svobodník), their legal status was varying as well. While the number and significance of inheritors declined to the complete end in the mid-14th century, freeholders rose to full recognition as a class a hundred years later. Comparing the primary medieval legal sources, we conclude that freeholders descend largely from impoverished squires, though some may have their origin also among royal servants or villagers disenthralled from serfdom. By the early 17th century, their Czech name “dědiníci” (freeholders) was replaced with “svobodníci” (yeomen).
The institutional predecessors of the recent Diplomatic Academy in Vienna took a significant impact on the civil service of the Habsburg Monarchy. The Oriental Academy was founded by empress Maria ...Theresia in 1754 to train dragomans for the eastern relations. The Academy stood under Jesuit influence and became a secular institution in the middle of the 19th century. By this time the political and legal studies had been dominated on behalf of human and natural sciences and the Academy had been turning to a special institution for training professionals for the foreign service (central service, diplomatic service, consular service). In 1898 the Oriental Academy was transformed into the Imperial and Royal Consular-Academy by Minister Gołuchowski. This reform affected the educational structure as well and the institution focused on the consular branch. The quota of political and economical courses increased as a reflection to the intensive global trade, but on the other hand Austrian and Hungarian Constitutional Law were also set in the new educational system due to the public legal transformation of the Monarchy in 1867 (Austro-Hungarian Compromise). This study aims to present the brief institutional history of the Oriental and Consular Academy and the way the educational system of the Academy had evolved. At last, it is going to be observed to what extent constitutional legal studies were represented in the courses of the institution and how they interpreted the disputed legal nature of the dualistic Austro-Hungarian Monarchy.
The institution of the nomination of parliamentary candidates was already well known in most European electoral systems between the two wars. Its purpose can be briefly summarized as meaning that the ...voters can only cast their votes for a person who has previously been nominated as a parliamentary candidate under the conditions specified by law. Within the European field, the contemporary Hungarian nomination system is characterized by its extraordinary intricacy, and the high number of abuses naturally follows from its complexity. However, in our study we do not deal with these abuses but describe the Hungarian rules and regulations while constantly researching its European aspects. Accordingly, we divided our work into three units.First of all, we classify the continent’s nomination systems in order to show where the place of the Hungarian rules and regulations between the two wars were. Thereafter, we review the development of the Hungarian rules based on the Electoral Decree of 1922, the (First) Electoral Act of 1925, the so-called “Nomination” Amendment Act of 1937 and the (Second) Electoral Act of 1938. Finally, using the Explanatory Memorandums to the mentioned acts and the discussion materials of the National Assembly/Parliament, we look for the European (comparative) examples that emerged during their creation. Our study will also show what the Explanatory Memorandums to the acts (which reflect the pro-government standpoint) or the parliamentary opposition considered worth highlighting from the nomination systems of foreign countries.
This article deals with the process of creation and adoption of the Constitution of the Slovak Republic in 1939. Firstly, the development of Slovak autonomism and separatism with an emphasis on ...events following the Munich Agreement is briefly outlined. Secondly, the beginning of the existence of the Slovak state after its proclamation in March 1939 is introduced. Finally, the main part of the article researches ideological concepts applied in the described constitution. Moreover, it concerns itself with the working process of Constitution Commission of HSĽS presidency, which has prepared the government Bill of the Constitution, and changes made by the Constitutional and Legal Affairs Committee of the Slovak Assembly. In the final chapter, the principal provisions and institutions of the Constitution, including their changes during the legislative procedure and their further changes under conditions of authoritarian or totalitarian state led by far-right HSĽS are being discussed.
The study deals with the establishment of the gym associations and sports clubs in the context of the development of associations law. In particular, it focuses on creation of gym associations after ...the fall of the so-called Bach absolutism. The setting up of these associations was based on imperial decree from 1852. The next upswing of founding of gym organizations and sports clubs in the Cisleithania occurred after the adoption of the December Constitution and was based on the Act on Association Law.
The subject of this analysis is related to the French legal regulations in the field of military requisitions. They are treated as an element of a coherent system of State defence, which is based in ...the normative sphere on the fundamental legal act – the Code of Defence (Le code de la defense) of 2004. In the course of his discussion, the author presents the scope of legal solutions relating to military requisitions, the procedure of their performance, the system of compensation and indemnities, as well as criminal sanctions established to prevent violation of the requisition regulations.
In a two-part series of studies, the author examines Cicero’s correspondence to discover how relations of family and friendship are expressed in personal, economic, and political terms. In this first ...instalment of the series, after a general introduction to Cicero’s correspondence, the author presents the concept of friendship that emerges from it. He then moves on to the presentation of the correspondence between Cicero and Atticus, describing and explaining the main motifs that emerge in it.
Mádl Ferenc: Magyarország első Polgári Törvénykönyve. Az 1959. évi IV. törvény a polgári jogi kodifikáció történetének tükrében, 2. kiadás, Ferenc Mádl Institute of Comparative Law, Budapest, 2022, ...151 oldal.
