This paper analyses and compares statutory provisions on tutelage for minor children in the Venetian towns of Koper, Izola, and Piran, and compares them with the regulation of the town of Ptuj, which ...was part of the Holy Roman Empire. It draws on selected notations from the notary books of Piran and, indirectly, documentary sources from Ptuj that reflect the practice corroborating and illustrating findings concerning statutory law. Moreover, from a comparative perspective, the paper aims to establish how Roman law influenced the legal regulation of the care of minor children in the two neighbouring territories that differed in terms of tradition and administrative affiliation.
Today, a municipality is automatically considered as a basic local self-governing (and autonomous) community. Nevertheless, we need to keep in mind that the contemporary understanding of the ...municipality and its regulations are the fruit of the long development that - in Central Europe - began over 150 years ago as the foundations for modern regulations were laid. This paper briefly illustrates the draft and legal bases for the modern concept of municipal administration. It focuses on the legal position of the most important statutory municipalities in the Habsburg Monarchy at which it uses the town of Ljubljana as an example. The paper also deals with the important issue of the relationship between the institutions of self-government and autonomy. Based on the analysis of the historical legal sources, it shows that local autonomy should not be equated, as is often the case, with the concept of local self-government. It further maintains that the old Austrian municipalities were at least formally autonomous and that their autonomy was limited in the interest of the state. On the basis of archive sources for Ljubljana, it ascertains that the municipality was autonomous only as far as it could choose the moment and mode of regulating certain municipal affairs and as far as it could take into account local specifics in adopting the norms, which proved to be quite sufficient under the given circumstances. Namely, the municipal autonomy was one of the factors that significantly contributed to the rise in the standard of living for the inhabitants of Ljubljana at the end of the 19th century. Last but not least, it also contributed to the victory in the struggle for the Slovenian national rights.
Key words: • municipality • statutory municipality • town • local government • self-government • autonomy • municipal self-government • municipal autonomy • independent sphere of activity • delegated sphere of activity • town charter • Austrian Monarchy • Ljubljana • Slovenia
The author presents the state of research in the field concerning the reception in the Slovenian territory, concluding that in comparison with many other European countries this phenomenon in ...Slovenia has not been given enough attention. More
systematic studies aiming at the analysis of specific legal sources as well as contractual and judicial practice should be carried out in the future. Only separate detailed studies, when combined, will ultimately give a clear picture of reception in the present day Slovenian territory and will thus also enrich the field of European legal history. The survey of the general evidence on reception is followed by the presentation of recent significant discoveries in the field of inheritance and criminal law. The reception of inheritance law for both testamentary and intestate succession in littoral communities reached its peak in the last quarter of the 14th century. Reception in the continental part of Slovenia was slower and more graduate. It seems that reception in these regions lagged behind other fields of civil law.
The Pyran statute is an especially precious historical legal source. Ali four of its publications from the 14th century have been preserved in entirety which means that one can follow the development ...of statute provisions over that important period. The author presents the important characteristics of inheritance in Pyran by both by will and intestate considering all four Pyran statutes. On the basis of the analysis of the provisions, the author argues that the last fourth statute of 1384 represents the transformation in regard to reception. In parts where, in older statutes, a definite Roman law institute already existed be it as an expression of continuity or the result of earlier reception, progress, improvement and legal culture are obvious even though the quality of classical Roman law was not achieved in expression. In some important aspects the fourth statute in the špirit of Roman law also standardised novelties which the author illustrates with the example of the compulsory inheritance of descendants. The comparison of the reason for disinheritance according to the fourth statute with Justinian's 115th amendment confirms that between them there are no important differences at all. On the basis of this study the author concludes that despite indisputable reception, that is, the influence of the law studied, the fourth Pyran statute still contains many local peculiarities, which have remained in force alongside general law or even in opposition to it. As the most important reasons for the transformation regarding reception, the author mentions the built up social economic circumstances, and the knowledge and the capability of the writer of the statute.
The reception of Roman law should be understood as a renewed and, in principle, subsidiary application of the Justinian's Codification as defined by methods of medieval and later on, modern legal ...science. The concept of continuity is, on the contrary, based on the notion that despite the fall of the Roman Empire, Roman law did not vanish but survived in certain territories and was continuously applied, particularly in large towns with a Romanised population. The issue of the continuity of Roman law should be addressed with a certain degree of scepticism, especially in the case of today's Slovenian coastal towns. Owing to questionable settlement continuity of the Slovenian coastal area, one can only discuss indirect impulses from nearby and remote centres that must have had an impact on the legal sphere even prior to the introduction of ius commune. Because of the fact that the first reliable legal sources related to the coast date back to the beginning of the 13th century when ius commune was becoming more and more influential, it is difficult to state with certainty what might have been a reflection of »indirect« continuity and what was the result of reception. The analysis of all four preserved versions of the Piran Statutes from the 14th century has revealed that the decedent's daughters were entirely equal in hereditary status to the decedent's sons: as first in the line of succession, they were entitled to inherit their father's property together with their brothers. In addition, female descendants were also entitled to the right of representation, compulsory inheritance, as well as subjected to dowry collation and disinheritance. Despite the conviction that the equal hereditary status of daughters and sons in Istrian and some Dalmatian towns should be viewed as a typical example of continuity of Roman law, this article argues that judging by the Piran Statutes such a status was most probably a result of the early reception of Roman law, which had been successful largely owing to the fact that Piran had been marked by a well-developed society and economy and, consequently, by loosened family ties. Furthermore, a sceptical attitude towards the theory of continuity is supported by some indications in the preserved legal documents and by the nomotechnics of the Statues. Namely, the sons and daughters are consistently mentioned together, and whenever only the son is referred to, the legislator always emphasises that the rule also applies to the daughter. Such persistency can be observed neither in the Justinian's Codification nor in Ecloga. On the basis of this observation, it can be concluded that such special emphases in early statute norms were indispensable as they pointed out the fact that the right of succession was granted also to daughters.
Piranski statut posebno je dragocjeno pravno povijesno vrelo. U cjelini sačuvane su sve četiri njegove redakcije iz 14. stoljeća što znači, da možemo pratiti razvoj statutarnih odredaba u to značajno ...doba.
Autor predstavlja bitne karakteristike oporučnog i neoporučnog nasljeđivanja u Piranu, imajući u vidu sva četiri piranska statuta. Na osnovi analize propisa konstatira, da preokret u pogledu recepcije predstavlja posljednji, četvrti statut iz 1384. godine. Na mjestima, gdje je u starijim statutima izvjesni rimskopravni institut već postojao, bilo kao izraz kontinuiteta ili rezultat rane recepcije, očiti su napredak, poboljšanje i pravnička kultura, iako u izražaju nije dostignuta kvaliteta rimskog klasičnog prava. U nekim značajnim pogledima četvrti statut u duhu rimskog prava normira i novosti, što autor ilustrira primjerom nužnog nasljeđivanja descendenata. Usporedbom razloga za iznasljeđenje po četvrtom statutu sa Justinijanovom 115. novelom utvrđuje, da među njima uopće nema bitnih razlika.
Autor na osnovi prikaza zaključuje, da unatoč neosporivoj recepciji, odnosno utjecaju učenog prava, četvrti Piranski statut još uvijek sadrži puno lokalne specifike, koja je ostala na snazi pored općeg prava ili čak u suprotnosti s njim. Kao najvažnije razloge za preokret u pogledu recepcije navodi sazrjele društveno ekonomske prilike i znanje te sposobnost pisca statuta.
Resistance training may be associated with unfavorable cardiovascular responses (such as hemodynamic alterations, anginal symptoms or ventricular arrhythmias). In healthy adults, blood ...flow-restricted (BFR) resistance training improves muscle strength and hypertrophy improvements at lower loads with minimal systemic cardiovascular adverse responses. The aim of this study was to assess the safety and efficacy of BFR resistance training in patients with coronary artery disease (CAD) compared to usual care. Patients with stable CAD were randomized to either 8 weeks of supervised biweekly BFR resistance training (30-40% 1RM unilateral knee extension) or usual exercise routine. At baseline and after 8 weeks, patients underwent 1-RM knee extension tests, ultrasonographic appraisal of
(VL) muscle diameter and of systemic (brachial artery) flow-mediated dilation, and determination of markers of inflammation (CD40 ligand and tumor necrosis factor alfa), and fasting glucose and insulin levels for homeostatic model assessment (HOMA). A total of 24 patients 12 per group, mean age 60 ± 2 years, 6 (25%) women were included. No training-related adverse events were recorded. At baseline groups significantly differ in age (mean difference: 8.7 years,
< 0.001), systolic blood pressure (mean difference: 12.17 mmHg,
= 0.024) and in metabolic control insulin (
= 0.014) and HOMA IR (
= 0.014). BFR-resistance training significantly increased muscle strength (1-RM, +8.96 kg,
< 0.001), and decreased systolic blood pressure (-6.77 mmHg;
= 0.030), whereas VL diameter (+0.09 cm,
= 0.096), brachial artery flow-mediated vasodilation (+1.55%;
= 0.079) and insulin sensitivity (HOMA IR change of 1.15,
= 0.079) did not improve significantly. Blood flow restricted resistance training is safe and associated with significant improvements in muscle strength, and may be therefore provided as an additional exercise option to aerobic exercise to improve skeletal muscle functioning in patients with CAD. Clinical Trial Registration: www.ClinicalTrials.gov, identifier: NCT03087292.
BackgroundBlood flow–restricted resistance training (BFR-RT) has been proven to be safe and efficacious in healthy older adults, but not in cardiovascular disease.ObjectiveThe aim of this study was ...to investigate the acute and training induced effects of BFR-RT on hemostatic and hemodynamic responses in patients with coronary artery disease (CAD).MethodsStable patients with CAD were randomized to 8 weeks of BFR-RT (30%–40% 1-repetition maximum unilateral knee extension) combined with aerobic training or aerobic training alone (control group). At baseline and after 4 and 8 weeks, blood samples were taken before and after BFR exercise, whereas hemodynamic parameters were monitored throughout the exercise.ResultsTwenty-four patients (12 per group; mean age, 60 ± 2 years; mostly male 75%) completed the study. The BFR-RT significantly improved systolic blood pressure (−10 mm Hg; P = .020) and tended to lower diastolic blood pressure (−2 mm Hg; P = .066). In contrast, no posttraining alterations were observed in N-terminal prohormone B-type natriuretic hormone, fibrinogen, and D-dimer values. During BFR exercise, all hemodynamic variables significantly increased after the first and second set, whereas blood pressure immediately lowered after the cuff was released in the third set. Last, significant interaction was only observed for repetitions × intensity (P < .001; partial η2 = 0.908) of diastolic blood pressure at higher exercise intensity (40% 1-repetition maximum).ConclusionsThe BFR-RT was proven to be safe, with favorable hemodynamic and hemostatic responses in patients with CAD, and can be recommended as an additional exercise modality in cardiac rehabilitation.Trial Registration:ClinicalTrial.gov Identifier: NCT03087292
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