The paper explores the emergence of contractual liability of physicians in Roman law. Although medicine was in its rudimentary form, the question of the nature of medical liability was problematized ...as early as the antiquity, when the principle of a physician’s responsibility for negligence, but not necessarily for the ultimate success of a treatment, developed. After initial considerations aimed at identifying who was to be recognised as a physician and what qualifications had to be met in order to be considered a part of the medical profession, through the analysis of legal sources, the central part of the paper aims to determine the legal nature of the contract and, accordingly, the legal protection available to the patient. The final part of the paper examines the preconditions for medical liability, as well as compensation, and concludes with a review of the basic principles that laid the foundation for further development of a physician’s liability for damage caused by a violation of medical science standards.
U radu se obraðuju začeci ugovorne odgovornosti liječnika u rimskom pravu. Premda je medicina bila u rudimentarnom obliku, pitanje naravi liječničke odgovornosti problematizirano je već u antici, ...kada se razvija načelo da je liječnik odgovoran za uslugu koju nije obavio uz dužnu pažnju, ali ne nužno i za konačan uspjeh liječenja. Nakon polazišnih razmatranja koja imaju svrhu identificirati tko se smatrao liječnikom i koje kvalifikacije je bilo potrebno ispuniti za pripadnost liječničkoj struci, u središnjem dijelu rada raščlambom pravnih izvora nastoji se utvrditi pravna narav ugovora i sukladno tome oblik pravne zaštite pacijenta. Posljednji dio rada propituje pretpostavke liječničke odgovornosti i naknadu štete te se zaključno daje osvrt na osnovna načela koja su postavila temelj za daljnji razvoj odgovornosti liječnika za štetu prouzročenu povredom standarda medicinske znanosti.
The subject of this paper is non-contractual liability of physicians in Roman law. Contrary to the common perception of Roman society, where “only a physician can commit homicide with complete ...impunity” (Plinius, Nat. Hist. 29,8), parallel to the development of medicine, rudimentary stages of a physician's liability for damage through negligence also evolved. Through the interpretation of available legal sources, focusing particularly on situations concerning slaves and free persons as patients, the forms of legal protection of patients are primarily determined. Special attention in the central part of the paper is devoted to the problem of causality and the development of fault-based liability. The last part of the paper examines the forms of compensation for damage, based on which conclusions are finally drawn about the extent of the development of medical liability ex delicto.
According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied with the Croatian judiciary, particularly its independence and efficiency. This paper addresses the ...deep-rooted challenges in the country’s legal education system. Despite reform initiatives, the current system serially produces ‘legal technicians’ lacking values, critical thinking capacity, and active student engagement. This echoes Montesquieu’s depiction of legal practitioners as ‘mouths that pronounce the words of the law.’ Acknowledging the pivotal role of legal education methodology in the creation of future legal practitioners and legal culture, this contribution explores how an average regular educator can support the development of students’ moral reasoning and values awareness. Through predominantly analytical research methods, we critically examine whether higher education environments should incorporate value education, the feasibility of teaching values in the traditional sense, and the potential of ethical analysis in a classroom to truly influence ethical behaviour in practice. Furthermore, we explore the complex matter of authority to decide on values to be imparted and delve into value education methodology. Concluding with practical suggestions, we propose the integration of the Evocation-Realization of meaning-Reflection (ERR) framework into lectures, as well as various creative tools to enhance moral reasoning.
Predmet rada je deliktna odgovornost liječnika u rimskom pravu. Suprotno uvriježenoj percepciji rimskog društva da je "liječnik jedina osoba koja može nekažnjeno ubiti čovjeka" (Plinius, Nat. Hist. ...29,8), paralelno s razvojem medicine pojavljuju se začetci odgovornosti liječnika za štetu prouzročenu vlastitom nepažnjom. Interpretacijom dostupnih pravnih izvora, osvrćući se osobito na situacije kada se u ulozi pacijenata nalazi rob te slobodna osoba, utvrðuju se ponajprije oblici pravne zaštite pacijenata. Posebna pozornost u središnjem dijelu rada posvećena je problemu kauzaliteta i razvoju subjektivne odgovornosti. Posljednji dio rada propituje oblike naknade štete te se na tim osnovama naposljetku donose zaključci o dosegu razvoja liječničke odgovornosti ex delicto.
Zum Tode von Marko Petrak († 17.1.2022) Karlović, Tomislav; Žiha, Nikol
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abtheilung,
06/2023, Letnik:
140, Številka:
1
Journal Article
This paper seeks to examine the special legal nature of the Croatian seashore as a common good and the challenges of its commercial use. It was Roman law that first recognized the seashore as a thing ...that was res communes omnium – common property of all men under natural law. Roman jurist Marcian defined it as all air, running water, sea, and the seashore as far as the high-water mark. In Croatia, based on this Roman doctrine, the seashore is considered a maritime domain, the welfare of which is of interest to and under special protection of the state. Although maritime domain should not be presumed as a subject of ownership or commerce (extra commercium), due to numerous legal exemptions, its common good-character has become a point of contention.Contemporary legal solutions in Croatia (especially the Act on Ownership and Other Real Rights (Zakon o vlasništvu i drugim stvarnim pravima), the Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama), and the Concessions Act (Zakon o koncesijama)) grant exclusive rights to commercial exploitation of the maritime domain for up to 99 years, as well as provide for pledging or transferring of concession. In doing so, this paper reasons, the Croatian legal system has to a certain extent alienated the legal nature of the maritime domain and de facto created a new ‘quasi-real right’ on the common good.
According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied with the Croatian judiciary, particularly its independence and efficiency. This paper addresses the ...deep-rooted challenges in the country’s legal education system. Despite reform initiatives, the current system serially produces ‘legal technicians’ lacking values, critical thinking capacity, and active student engagement. This echoes Montesquieu’s depiction of legal practitioners as ‘mouths that pronounce the words of the law.’ Acknowledging the pivotal role of legal education methodology in the creation of future legal practitioners and legal culture, this contribution explores how an average regular educator can support the development of students’ moral reasoning and values awareness. Through predominantly analytical research methods, we critically examine whether higher education environments should incorporate value education, the feasibility of teaching values in the traditional sense, and the potential of ethical analysis in a classroom to truly influence ethical behaviour in practice. Furthermore, we explore the complex matter of authority to decide on values to be imparted and delve into value education methodology. Concluding with practical suggestions, we propose the integration of the Evocation-Realization of meaning-Reflection (ERR) framework into lectures, as well as various creative tools to enhance moral reasoning.
Mostly due to negative demographic trends and unfavourable ratios between the inactive and active working population, prejudiced ideas against older people, that they are unproductive and redundant, ...are contributing to discrimination and their exclusion. Although human rights should not diminish with age, we are nowadays witnessing discriminatory practices against the older persons considering employment, social protection and access to services. The social construct of'ageism', according to which older people are treated differently because of the attitudes relating to their age, is not a contemporary idea. Rather, it is a human rights issue that has existed throughout history. Examining the extremely positive and negative descriptions of elderly in ancient Roman literature, the first part of this article contains an analysis of the legal and social position of older people and, consequentially, their contribution to society. Focusing on the concept of 'active ageing', specifically propagated by the Article 25 of the Charter of Fundamental Rights, the second part of the paper will tackle the existing efforts of the EU in the struggle against ageism. Although Croatian national legislation is largely aligned with the European acquis, due to the large margin of discretion left to Member States, a systematic approach to care for the elderly is still lacking, not to mention its effective implementation. Finally, by exploring the experiences from the past and reflecting on the current EU policy advancements, the goal of this paper is to facilitate a vital shift from the paradigm of the old people as a burden of passive service recipients towards active participants in society.
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