Thomas Gergen: Advokaten und Mediatoren in Frankreich im 11. - 15. Jahrhundert

With the beginning of legal education in schools of law and universities of law in 12th century the graduates of these institutions also called their attention in the legal practice. Some mediators could be found in South France sources (Languedoc-Roussillon) from second half of 12th century and from first half of 13th century. A specific case of mediation in South France Catalan district illustrates the ability of lawyers to conclude the list of agreement between contra parties, with the help of law. There is also a reflection of lawyers and prosecutors viewed from religious judiciary perspective since 13th century. Attention is also paid to the patron of French lawyers to Saint Yvo (Yves) of Tréguier who lived in 13th century and whose myth was built in the following centuries.

Key words

Legal advisor; notary; mediator; school of law; arbitrator; magister; canon lawyer; prosecutor; religious judiciary; Bonaguida Aretinus/Bonaguida of Arezzo; Yves Hélory of Kermatin/Yves of Tréguier.

Alan Sked: Social Attitudes and Legal Constraints: Army Life in the Habsburg Monarchy, 1890-1914

The Habsburg Army between 1890 and 1914 was in many ways under attack within the Monarchy. Part of its defence mechanism was to see itself as a 'state within the state' relying on a code of honour and a separate military justice system. However, social forces meant in fact that it came more and more to resemble the wider society of the Monarchy.

Key words

Habsburg Monarchy; Habsburg army; officer corps; honour, honour code; honour courts; duelling; military justice; punishments; suicide; sex; venereal disease; homosexuality; anti-Semitism.

Nikola Galaboff: Die sozialethischen Aspekte des römischen mandatum – eine Betrachtung im Recht und in der Philosophie

The complimentary mandatum is only one of the many legal institutions which found its way to the modern codification of modern era by passing the “bridge” of reception of the ancient Roman law – e.g. to the German BGB. While concentrating on the legal-dogmatic basics it conveys quickly that the Roman mandate law was influenced to a great extent by social and socio-cultural conceptions of its day. Therefore subject of the essay at hand are the questions – what was the socio-ethical basis of this legal institution and - how much were the legal thoughts of the late-classicist Paulus in his commentary on the praetorian edict influenced by the philosophical discussions of Seneca’s de beneficiis.

Key words

Mandatum; amicitia; officium; fides; Paulus; Seneca; law; philosophy.

Christoph Schmetterer: Die Funktion von kaiserlicher Sanktion und ministerieller Gegenzeichnung in der österreichischen Gesetzgebung 1861–1918

From 1861 to the end of the Austro-Hungarian monarchy two things were necessary to enact a new law: an act of parliament and the sanction by the emperor. Before a new law was published it had to be countersigned at least one minister. The emperor was not liable for his decisions; the ministers, however, were liable for their decisions as well as the emperor’s. This article explores the scope of their liability for the emperor sanctioning laws – especially relating to the distribution of competencies.

Key words

Austro-Hungarian monarchy; emperor; sanction; distribution of competencies; act of parliament.

Alejandro Valino: Der Vertragsstrafklausel im spanischen (gemeinen und foralen) Zivilrecht: romanistische Tradition und Reformperspektiven

The author analyses the legal treatment of the penalty clause into Spanish Civil Law, with special attention to the regulation offered by the Civil Code in their articles 1152 to 1155, the differents functions which the penalty clause achieves and the differentiated regulation into Fuero Nuevo of Navarra in the Lex 518. All of this can be seen as a reflection of the dualism in Spanish Legal System between the Common Civil Law (represented by the Spanish Civil Code) and the Foral or Special Law (represented by differents regionals compilations). The regulation of the Spanish civil code sets as general rule the contractual penalty as substitute of the regime of compensation into the article 1101 of spanish Civil Code in case of breach of contract or in case of defective or untimely performance by the debtor. This provision allows to the creditor to avoid a real damage assessment, so that the penalty clause lets a advanced estimate of damages without needing to prove them. But also admits the regulation of the penalty clause into the spanish Civil Code other functions, for instance the cumulative penalty (with the legal and previously valued compensation of damages or with the specific performance). This regulation, unchanged since the enactment of the spanish Civil Code, has been object of special attention by the preliminary draft to modernisation of the law of obligations drawn up by the Commission of Codification of the Ministry of Justice in 2009, picking up some of the guidelines present in other European Civil Codes as well as in the contributions of prestigiouses scholars, which are expression of the effort aimed at the harmonisation of European Contract Law.

Key words

Penalty clause; estimate of damages; breach of contract; performance of contract; harmonisation of European Contract Law.

István Szászdi León-Borja: Castilian Justice and Columbian Injustice: the End of  the Government of Christopher Columbus in Hispaniola

In 2006 Consuelo Varela and Isabel Aguirre, published the book La caída e Cristóbal Colón. El juicio de Bobadilla. In it they reproduced and transcribed a new historical source that has answered many questions regrding the first decade of Spanish rule in thwe West Indies under Christopher Columbus. The “Pesquisa” against Columbus was discovered by Aguirre in the Archivo General de Simancas, in Spain. The mistery of the true reasons that led to Columbus´ dismissal from office as Governor of the Isles of the Ocean Sea has been resolved. We have researched in the plot of the Columbus Brothers against the economic officials of Queen Isabella, and how the investigation performed by Bobadilla was done following Castilian law. The death sentences signed in of Hispaniola between 1493 and 1500 have been object of interest in order to judge th personal rule of the Columbus family members.

Key words

Columbus; Monarchy; Spain; discovery; conquest; tort process; judicial administration; charters; evangelization; Indians; forced labour; treason; Feudalism; Catholic Church; Cortes of Toledo; government of the New World; Viceroy; sources; sodomy; conspiracy; Board of Trade; Contadores Mayores; Pesquisa.

Mariavittoria Catanzariti: New arcana imperii

The traditional approach to secrecy is differently carved out upon a public perspective, or a private one: according to the former, secrecy looks like a tool of power; according to the latter, it is an instrument of individual warranty. This framework, by and large, turns out to be the western model of admitting secrecy within the legal system.

This paper shows how secrecy, instead, does not involve different interests according to the private or the public sphere, neither we can talk about a new version of “reason d’État” nowadays. It, rather, affects at the same time the public use of information as power or control, and the private benefits of playing on individual rights.

Therefore secrecy is strictly related to the development of democracy. The hidden decisionmaking always depicts a threat in defining the public sphere, and its rise is sometimes tied to the increase of public power at the expense of individual rights. The conflict stems from the democratic process itself. Democracy, indeed, requires secrecy to protect both individual rights and state prerogatives, but an excessive use of secrecy weakens the strength of the political institutions. This paradox has been traditionally presented as the “breached promise of democracy.” Its drift, in the worst case, lets public powers manage without getting public consent. It means, in other words, to make legal practices not recognizable when public interests are at stake.

Secrecy has been here adapted to a few historical patterns that mostly address it to the public/private dichotomy, from the ancient world on. Nonetheless, this is not a historical overview of secrecy, but an attempt to use history for explaining some cultural trends.

The overall thesis of the paper is that the traditional idea of the double perspective could be somehow revised. Secrecy does not give up being a propaganda of public powers even though it involves private rights, and even though it enforces private rights. It lays where more power is allocated, as an outcome either of the struggle against power, or of the use of power itself.

Key words

Secrecy; democracy; theory of law; history of law;  arcana imperii; secret; public sphere; politics; raison d’état.

Roberto Scevola: On the Transactions Characterized by Mutuality and Donation: Do the Modern Criteria of Legal Qualification Have Roman Origins?

The essay, as a start-point for a wider work, aims at highlighting some guidelines in order to understand whether the legal qualification of the features concerned at the same time with bargain and donation may be linked to the Roman legal science as well as to its methods and outcomes, or the Constantinian Review (323 AD), directed to convert donation from a causa adquisitionis into a typical real contract, is the basis for a dramatic change of perspective which founded theoretical elaborations very different from the classical ones. In other words, if one considers that current  positive regulation on donation differs so much from the rules on those transactions characterized by mutuality, one may ask: as far as such a topic is concerned, is there, in the modern reconstructions, any legacy of Roman legal science? In the light of this likely legacy, may the Pandectistic theorizations be explained in a more precise manner? After examining the present legal features implied (connection of juridical acts; transactions with multiple ‘objective functions’; indirect juridical act), and after determining their origins in the introductory works to the enactment of the BGB, the main scholarly trends developed on the Roman negotium mixtum cum donatione are taken into account; and, above all, the analysis focuses on the methodological perspectives as well as on the interpretative work directed to link the obligatory bond with the donation. The essay underlines that, notwithstanding the difference existing between modern and ancient approaches, and even after the donation was deemed as a real contract, current legal qualification draws on criteria already used by classical Roman jurists, so that, this activity is clearly grounded on a logical work which is still inspired by ancient solutions. All this will be able to help to improve at the present time the quality of application, principally if these, being at the mercy of the legal science and of the courts, will be embodied in European legal consolidations.

Key words

Objective function of a juridical act; linked juridical acts; ‘mixed-cause’ transactions; mutual transactions; roman law; indirect juridical act; principles of common European law.

Jacek Wałdoch: Tadeusz Wróblewski – the Advocate for krajowa Idea of the Former Grand Duchy of Lithuania at the Turn of the XIX and XX century

The article presents the figure of Tadeusz Wroblewski, lawyer, politician and social activist, who represented the ideological trend of "krajowosc". It consisted of reviving the idea of ??the Grand Duchy of Lithuania, the rule of multinational, multicultural and tolerant at the same time. Due to the political situation movement "krajowosc" weakened from year to year, and eventually disappeared from the main arena for political action. Tadeusz Wroblewski was one of the last representative of this idea.

To the study of a person Wroblewski served primarily by its publications, which gave insight into the way of his thinking and gave the definition of "krajowosc" idea. I used the articles that he published in the newspaper and others representatives of the "krajowosc" idea. To define the concept of "krajowosc" was also used contemporary publications, which present this idea in the political context or for other persons representing the same point of view as Wroblewski.

Key words

“Krajowosc” idea; the Grand Duchy of Lithuania; Tadeusz Wroblewski; a lawyer; social activities; Lithuania, Vilnius; politics; multicultural; multi-ethnic; Wroblewski Library.

Karel Schelle: Die Rechtsregelung des Versicherungswesens in der Tschechoslowakei in der Zwischenkriegszeit

The creation of Czechoslovak Republic in 1918 was an important milestone in the development of the insurance system. The legal order of the Austria-Hungarian monarchy was fully taken over by the statute Nr. 11/1918 Coll. – the reception norm. Consequently, the statute Nr. 501/1917 about insurance contract remained valid. The new state was trying to regulate the role of foreign insurance companies in Czechoslovakia. Since the beginning of the 1920s the role of foreign insurance companies was regulated by international contracts, which the republic began to conclude.

One of the most significant legal enactments in the field of insurance in the period of the first republic was the statute Nr. 198/1932 Coll. about the motor vehicle transport, which imposed obligatory insurance of legal responsibility.

The main positive thing in this period was above all the development of the private insurance law, which was how the Czechoslovak insurance system definitely gained a compact legal base. Especially in the after-war period there was therefore possible to successfully take up to this legal base.

Key words

Insurance system; insurance contract; first Czechoslovak republic; insurance companies; statute about insurance contract; insurance of legal responsibility.

Antonín Lojek: Stick in the Law – Legal Symbolism of Holding, Using, Breaking and Throwing a Stick

It would be hard to find a person, who has not heard the saying: they have broken the stick over him, they tossed a stick under his feet etc. What do these sayings mean is the topic of the following article that wishes to introduce the symbolisms of the stick in history, because until quite recently a number of acts and procedures, considered to be legal nature, could not be performed without this object. A stick was necessary to make these acts legally valid. In the article the authors mainly aim to introduce the stick that symbolized judicial power, but also the powers of a number of persons.

Key words

Judicial stick; symbolism of the stick; mayor's law; Bambersky court rules 1507; Criminal Code of Maria Theresa 1769.

Bohumil Poláček: Der tschechoslowakische und der tschechische Hafen in Hamburg mit Kontext des Vertrags von Versailles und des Pachtvertrags

The Treaty of Versailles (a peace treaty) from 1919 provided land-locked states with the right of access to the sea. For the practical exercising of this right relating to the newly established Czecho-Slovak state, this treaty is giving to the Czecho-Slovak state the use of northern ports in Hamburg and Stettin, pursuant to articles No. 363 and 364. Based on this treaty, the leasing agreement for premises in Saalehafen and Moldauhafen (on the embankment of Hallesches Ufer and Dresdner Ufer) in the area of about 28.500 m2 was concluded in 1929 with the town of Hamburg for 99 years. Subsequently, a piece of land in Peutehafen in the area of about 13.500 m2 was purchased. The leased premises in the duty-free zone were called the Czecho-Slovak rental zone for inland navigation in the free port of Hamburg. The areas stated above were used by the Československá plavební akciová společnost Labská, later after the nationalisation, national enterprise and then state enterprise Československá plavba labsko-oderská (Czechoslovak Shipping Elbe-Oder). In 1992, the state enterprise was later privatised and Československá plavba labská, a.s. (hereinafter "ČSPL") was established. In 1992, the above-mentioned premises in Hamburg were leased to ČSPL by the Ministry of Industry and Commerce of the Czech Republic. In 2001, a dispute between the Ministry of Transport and Communications and ČSPL occurred due to the fact whether the constructions built in the concerned areas are the property of the Czech Republic or whether they were transferred to the ownership of ČSPL during the privatisation process. The same year, bankruptcy proceedings were declared to the property of ČSPL, in which the bankruptcy trustee, who in fact held up the concerned property and leased it to third persons, entered the dispute. On 1 January 2008, the Ministry of Transport concluded the agreement on the settlement with the bankruptcy trustee on the basis of which the bankruptcy trustee excluded the rights for the immovable property (real assets) of the Czech Republic in Hamburg from the bankrupt's estates of ČSPL, in which all controversial rights were settled.

Key words

Hamburg; The Treaty of Versailles; Czechoslovak Shipping Elbe-Oder; Czecho-Slovak rental zone for inland navigation in the free port of Hamburg.

Stanislav Přibyl: Der erste Kanon des Codex Iuris Canonici und seine rechtsgeschichtlichen Grundlagen

The author of the article presents the first of the six canons of the Code of Canon Law issued in 1983. The partition of the Catholic Church into Latin and Eastern rites has its long historical development. The church of the Christian West attempted to reinstall a unity lost at the beginning of the second millennium. At present two kinds of Eastern Churches exist: One united with Rome as head of the Church, whose discipline is also regulated by the Code of Catholic Eastern Churches, the other is essentially Orthodox. According to this norm, the Code concerns only the Church of Latin rite and discipline. This regulation supposed future issue of special Code for the Eastern Catholic churches. Obviously, both Codes include norms valid for both rites, especially those concerning the dogmatic principles and natural law.

Key words

First Canon; Code of Canon Law.

Eszter Cs. Herger: The Introduction of Secular Divorce Law in Hungary, 1895-1918: Social and Legal Consequences for Women

The codification of civil law failed to materialize in the period of classical liberalism in Hungary. The legislative acts of the second part of the 19th century stuck to traditional family model, which assured the dominate role of the husband for the future, too. The first aspect I concentrated in the course of my research is: why the secularized law for married women was more favorable than the traditional divorce law of the denominations. I also examined the differences between the rules concerning men and women in the uniform divorce law and its consequences in the judicial practice. The acts of matrimonial cases, especially the reasons for a judgment gave me insight into the marital conflicts and therefore into the everyday life of the Hungarian families at the end of the 19th century. In light of these factors, I ask: what the position of the husband as head of the family effectively meant.

Key words

Divorce law; judicial practice; traditional family model; marital conflict; Jewish Matrimonial Law; Protestant Matrimonial Law; canonic law; Austro-Hungarian Monarchy.

Jakub Razim: Der Fürst Břetislav und die Anfänge des Seniorats in Böhmen

Presented paper aims to answer the question how succession to the Bohemian throne during the Přemyslid era was reflected by narrative sources of the 12th century. The main interest lies in re-examining the famous bohemian Chronicle of Cosmas and its description of duke Břetislav I´s deathbed scene (1055) that is most often explained as a foundation of the seniority rule. In addition to that all relevant contemporary sources are taken into account, which can complete the evidence of Cosmas and thus deliver better insight to the problem of the medieval law of succession in Bohemia (Monk of Sazava, Canon of Vyšehrad, Gerlach of Milevsko etc.).

Key words

Přemyslids; Middle Ages; Bohemia; Seniority Rule; Břetislav I.; Cosmas.

Balázs Pálvölgyi: Consequences of the Changing Migration Model after the World War I.  Hungarian Legal Manoeuvres for Regaining a Blocked Tool in the USA

Before World War I Hungary built up a functioning subvention system, ensuring influence on and control over the Hungarian migrant groups. In the framework of this migration policy the government transferred amounts through the consul general and the Hungarian Mutual Aid Society for the creation of a Hungarian refuge house in New York.

After the lost war, given the new international conditions and together with the lack of funds there was no reason to maintain the subvention system for the Hungarian migrants, coupled with the financing of the pro-Hungarian movements and organizations in the USA. The block of migrant routes, followed by the Quota system, cut the migrant flow from Hungary to America, therefore the Hungarian government had to rethink its migration policy as well.

Because of the American legal framework the Hungarian government provided a loan and monetary aid in a semi-official way for the purchase, the Hungarian refuge house was in theory the propriety of the Hungarian Mutual Aid Society. Therefore, its process leading to the sale of the house in the 1920s triggered an intensive reaction on the part of the Hungarian government, which launched a series of legal manoeuvres in order to recover it for the Hungarian state.  

Key words

Hungary 1920-1940; migration; Hungarian refuge house New York; legal case.

Gergely Deli: „Nec facere nos posse credendum est” Ein Interpretationsversuch zur Papinian D. 28, 7, 15

The article concerns the famous Papinian fragment (D. 28, 7, 15) from Justinian’s Digest. It offers a new, alternative approach for proper understanding of the highly contested text. It argues that the condition in question has been physically possible but illegal. The problem was that illegal conditions were valid according to civil law (ius civile) of that time. However, if the condition had only been cancelled the outcome would have been strikingly unjust. Thus, the jurist making the decision wanted to refute the entire testament. For this reason he considered the condition (morally) impossible with the argument that an honest man cannot do anything against his own piety, reputation, and sense of decency.

Key words

Contra bonos mores; boni mores; immorality; roman law.

Thomas Olechowski - Christoph Schmetterer (Hrsg.): Beiträge zur Rechtsgeschichte Österreichs (BRGÖ), Band 2/2011

Francisco Javier Andrés Santos - Christian Baldus - Helge Dedek: Vertragstypen in Europa. Historische Entwicklung und europäische Perspektiven

Initial – Workshop: „Schlichten und Richten. Differenzierung und Hybridisierung“

Martin Löhnig: „Der richterliche Stand ist unabhängig“ - Zur Rezeption französischen Gerichtsverfassungsrechts im Polen des frühen 19. Jahrhunderts

Pressed by Napoleon at the beginning of the 19th century in many parts of Europe the French law of constitution of the courts and of procedure was adopted. Contrary to the states founded by Napoleon these legal regulations didn’t disappear after his defeat, but instead strongly influenced the legal development in many European countries. The article at hand examines the insofar atypical development of French law in Poland.

Key words

Judiciary history;  constitution of the courts; Napoleon; Dukedom of Warsaw; Kingdom Po-land; Republic of Krakow; independent judiciary.

Benedikt Forschner: The Sceptical Mind – Towards a New European Ius Commune?

When it comes to the current Europeanisation of private law, it is little surprise that those, who – referring to Savigny – stress the necessity of an organic legal development, refer to the learned ius commune as historical role model, which had once been pushed back inter alia by the un-beloved codification movement. This essay provides an alternative view on the relationship between the ius commune and current developments in European private law by accentuating the fundamental structural differences between both concepts. It claims that a ‘sceptical’ historical approach might be more useful for the future of Europe than the myth of a ‘paradise lost’.

Key words

Ius Commune; Ius Communitatis; European Private Law; Political Authority.

Claudia Lydorf: Die Hildesheimer Stiftsfehde 1519-1523

The Hildesheim Diocesan Feud receives little attention in the historical research. Only few relevant monographs have been published. The standard works are not easily accessible and some are not even obtainable via external borrowing or document delivery service. Furthermore these standard works all date form the beginning of the 19th century.

This article presents the participating parties, the causes and the course of the Great Diocesan Feud. In addition the final peace negotiations and the effects of the feud on the future development of the Prince-Bishopric of Hildesheim, the Principality of Brunswick-Wolfenbüttel and the Principality of Lüneburg will be outlined.

Key words

Hildesheim Diocesan Feud; Great Diocesan Feud; Treaty of Quedlinburg; imperial election of the Holy Roman Empire; Lüneburg-Hildesheim alliance; Battle of Soltau; Prince-Bishopric of Hildesheim; Prince-Bishop John IV of Saxe-Lauenburg.

Christoph Schmetterer: Die Thronbesteigung Kaiser Franz Josephs aus rechtshistorischer Sicht

On December 2nd 1848 Austrian emperor Ferdinand I. abdicated. He was followed by his nephew Francis Joseph. This article publishes the relevant document and analyzes them from a legal point of view.

Key words

Ferdinand I; Franz Joseph I.; Abdication; Emperor; Pragmatic Sanction; Order of succession; Age of majority.

József Szalma: Entwicklungstendenzen bei der Abgrenzung der zivilrechtlichen von der strafrechtlichen Haftung

In the present paper the author analyses the basic legal features of civil liability (liability for damages arising from torts or breach of contractual duties), delimitating it from criminal liability, taking into account theoretical considerations, regulations and their application, beginning from traditional codifications of civil law in Europe in 19th century (French, Austrian and German). The method of incrimination in civil law is, namely, general, prohibiting by general norm any case of causing of damage (general incrimination), while the incrimination in criminal law is special, precisely describing each and every criminal act (special incrimination). Criminal liability remains a fault-based liability, while civil liability, besides fault liability, also introduces strict liability, which is not based on fault of the tortfeasor, but on causation, i.e. on the increased risk of causing damage. Civil liability may be either tortious or contractual, while continental criminal law doesn’t envisage criminal liability for breach of contract.

Key words

Civil liability; criminal liability; delimitation of civil from criminal liability.

Eszter Cs. Herger: The Impact of the Code of Csemegi on the Development of Religious Conditions – Judicial Practice in Baranya County, 1880 - 1900

The first modern Hungarian Criminal Code (Code of Csemegi, Act 5 of 1878) regulated religious conditions from several aspects. The religious denominations “recognised by the state” such as the Catholic, Calvinist, Lutheran, Unitarian and the not united Orthodox Churches enjoyed protection by law meaning that several felonies and misdemeanours harming the religion became enacted in the above mentioned Code. Beside these religions also the Israelite denomination was listed among the “recognised religions” both in legal literature and judicial practice but not in the Code. The statutory definitions of revolt and agitation covered a wider circle of injured parties: the term “denomination of faith” was interpreted in the court practice so, that all denominations enjoy the same protection of law – as sight of equality before the law regardless of religion. The study aims to examine the frequency and actual social significance of the felonies and misdemeanours against religion on the basis of the materials of the criminal cases initiated at the Royal Tribunal of Pécs during the two decades following the entry into force of the Code of Csemegi. The study searches answer to the question whether the judicial practice differed from the will of the legislator and if yes, why happened it so.

Key words

Criminal law; religion; church; judicial practice; crimen blasphemiae; turbatio sacrorum; concubinage; abortion; bigamy; anti-Semitism.

András Bertalan Schwarz: Das deutsche Bürgerliche Gesetzbuch und der Nationalsozialismus

Es geht um den Text des Vortrages von András Bertalan Schwarz (1886-1953). András Bertalan Schwarz hat diesen Vortrag in Deutschland, wahrscheinlich an der Bonner Universität, den 15. Juni 1945 gehalten. Das Manuskript wurde dem Herausgeber (Gábor Hamza) von Hans Julius Wolff zwecks Veröffentlichung zur Verfügung gestellt.

Key words

András Bertalan Schwarz; National Socialism; private law; civil code; Third Reich;

Gábor Hamza: András Bertalan Schwarz (1886-1953)

András Bertalan Schwarz was born in 1886 in Budapest where he completed his legal studies. After graduation from the Budapest University he went to Leipzig to do research at the Institute of Papyrology. As a disciple of Ludwig Mitteis he defended his „Habilitationsschrift” in 1912. He got his first „Ruf” in 1926 to succeed in Zürich Andreas von Tuhr. He spent four years in Switzerland since he accepted in 1930 the „Ruf” of the University of Freiburg im Breisgau.

After the seizure of power of the NSDAP he was deprived of his professorship and left Germany for England. During the first year of emigration he lectured in London and Oxford as a visiting professor. In 1934 he was invited to the University of Istanbul to teach Roman law and comparative law. After World War II he went to Germany to lecture at the University of Bonn where he passed away in 1953.

The oeuvre of András Bertalan Schwarz is encompassing the juristic papyrology, Roman law, modern private law as well as large fields of comparative law. The extremely manifolded and rich oeuvre of the outstanding legal scholar of Hungarian descent, who never severed his contacts to Hungary, is in our days also valuable part of the international legal science.

Key words

BGB; codification; comparative law; juristic papyrology; Pandectist School of Law; Roman law; Swis civil code; Swiss code of obligations; Turkish civil code.

László Papp: The Concept of Autonomous Local Governments and their Different Forms of Appearances in the Traditions of our National Public Law

The historical beginnings of the Hungarian local government system are rooted in the patrician castle counties and free royal towns of the Middle Ages. Although these local administrative units meant much more than the concept of local governments in the modern understanding of the concept. The unbroken and uncompromising county autonomy suddenly was challenged by the bourgeois state, and this clash caused the need to reform the whole system of local administration. In my short study, I wish to demonstrate this process through the deconstruction of the administrative system of the counties, taking extra care on the unique relationship between the government and the municipality.

Key words

Municipality; dualism; administrative refor m; local government; administrative committee.

Eszter Bakos: Extracts from 19th Century History of Citizenship and Freedom of Press in Hungary

Present Paper analyzes national development, roots and early history of freedom of press as a civil right in 19th Century in light of the relevant laws and decrees. We should keep in mind that in Hungary citizenship was not ruled at the same level at time of declaring freedom of press by the law. So, this Paper seeks to demonstrate the legal regulation of freedom of press until the first law that made it clear who would be subjects of this right.

Key words

19th Century; civil rights; first citizenship law; freedom of press; laws and decrees.

Bohumil Poláček: A Brief History of River Navigation in Bohemia up to the 19th Century – Part 2.

On November 24, 1762 Vienna issued an order prohibiting boatswains from employing any persons suffering from alcoholism. The Edict of May 15, 1766 issued the Rates in the Výtoň  water toll in Prague.  This rate sheet specified how much should be paid in money and how much in material. Navigation Regulations were issued in the Edict of January 20, 1770. Maria Theresa issued a new navigation order on May 31, 1777, known as the “Navigation Regulations”. Navigation guilds were abolished in 1783, which resulted in the freedom of navigation.

Key words

Water toll; Navigation Regulations; Water court; Navigation Fund; Navigation committee.

Petr Beránek: Stigmata of the First Czechoslovak Republic

The text addresses the complicated development of the young Czechoslovak state in the period between two world wars taking into account the issue of cohabitation of German minority and relations between Czechs and Slovaks, in particular.

Key words

Czechoslovakia; Treaty of Munich; Autonomy; Czechs and Slovaks; Germans in Czechoslovakia.

Ingrid Kovářová Kochová: Development of the Legal Regulation of Compensation for Injury to Health in the Czech Republic in Period 1950 – 1990 and its Impact on Legal Regulation

Legal regulation of the Central Civil Code, act no. 141/1950 Coll., (hereinafter referred to as the “C.C.C.”), should have replaced the so-called bourgeois legal regulation, it should have been the new socialist civil law, the civil law should have become simplified. Legal regulation of compensation for damage was contained in chapter no. 16, sections no. 337 to 359 of the C.C.C., titled as Obligations to compensate for damage. The law again did not distinguish between compensation for damage inflicted by violation of an obligation or as result of violation of legal provision. The law already did not distinguish particular degrees of culpability as it was stated in case of G.C.C.; it only distinguished between culpability in forms of intention and negligence. On 1st April 1964, the act no. 40/1964 Coll., the Civil Code (hereinafter referred to as the “C.C.”) came into effect; it newly regulated liability for damage and unjust enrichment in the part 6 in sections no. 415 to 459. There was emphasized the prevention in instance of compensation for damage. Luby's conception created grounds for other authors, who devoted to liability. All authors agree with the fact that liability should be conceived as liability for intentional violation of legal duty. Consensus about requirements of liability and identification of liability with sanction are typical for the period after year 1964.

Key words

Compensation for injury; culpability; liability.

Lenka Doubravová: Code of International Commerce

The paper focuses on the analysis of Code No. 101/1963 Col., Code of International Trade, as amended (hereinafter referred to also as “the Code”). The main aim of the present article is to underline objective and nature of present Code and to show the historical background. An analysis of particular legal provisions and structure of the Code will be an integral part of the article with an accent to the modern elements of the Code. It became an inspiration even for the current Commercial Code and for the parts of the big set of amendments of Civil Code after the year 1989. Often, it is also stressed that only thanks to this Code of International Commerce one can follow an uninterrupted development of commercial law on Czech territory during the second half of the twentieth century, in spite of complete deformation of commercial legal obligations. The Code actually preserved in itself certain purely private law principles that the Code of Business did not contain.

Key words

International trade; International business contracts; Code of International Trade.

Marek Bialokur: Poland and Poles in the Biography of Carl Gustaf Emil Mannerheim

The biography of Marshal of Finland C. G. Mannerheim Poland and the Poles didn’t play important role. Despite this it can be concluded that in the first period of his adult life he had very close contacts with them. That was a consequence of stationing in the area of Poland by Russian troops in which he was serving at the end of the nineteenth century and beginning of the twentieth century. Even after gaining the independence of Finland in 1917, Mannerheim didn’t cease extensive contacts with Poles. Mannerheim’s contacts seemed particularly interesting with Joseph Pilsudski who was respected by him as a real and strong leaders of the Polish nation. In this article one also presented similar historical issues of Finnish and Polish history at the background of the Mannerheim’s biography.

Key words

Carl Gustaf Mannerheim; Poland and Finland in the XX century

Przemysław Dabrowski: National Democratic Camp of the Former Grand Duchy of Lithuania and its Attitudes towards War, Peace and Independence during World War I

The Polish people living in Lithuanian and Belarusian lands had ambivalent feelings about the breakout of World War I in August 1914. The war instilled fear and anxiety, but it also aroused hopes and expectations. Many people were well aware of the cruelty that military activities involved, yet he believed that the Polish nation would politically benefit from the conflict rather than fall its economic prey. Nationalist periodicals demanded all the people who could contribute to the common good to stay in the country and fulfill their civic duty. A large number of representatives of the National Democratic, propounded to all the people in the lands of former Grand Duchy of Lithuania, regardless of their nationality, education or creed, joining their forces and demonstrating solidarity. Claimed that only real danger can motivate a nation to display the moral value of an individual and society as a whole.

Key words

National Democratic; nationalist periodicals; peace; independence; World War I.

Anna Klimaszewska: The Maritime Law in the Commercial Code of France of 1807

The authors of the Commercial Code of France of 1807 (Code de commerce) included rules from the field of the maritime law in the act as its book II (Of Maritime Commerce). As a result, the maritime law began to be viewed as a component of the commercial law, acquiring the doctrinal name of the maritime commercial law (droit commercial maritime). The strong influence which Code de commerce and its systematics exerted all over the world  made a lot of countries treat the civil standards of the maritime law as part of the commercial law. This idea was not, however, commonly adopted, an example of which is the Anglo-Saxon and Scandinavian countries and Switzerland. But even in the countries  where the maritime law was included in the regulations from within the commercial law, criticism of the representatives of the doctrine appeared. In consequence, the view on the maritime law as a separate whole began to emerge more and more, and the commercial maritime law stopped being an object of interest for the reformers of the commercial law. Nouveau Code de commerce of 2000 maintained this approach, too.

Key words

The Commercial Code of France of 1807; maritime commercial law; contract of insurance; contract of bottomry; bill of lading; charter party; crew; master; sea ships.

Joseph Georg Wolf: Die Lex Irnitana. Ein römisches Stadtrecht aus Spanien

Ernesto Bianchi: Per un´indagine sul principio „conceptus pro iam nato habetur“ (Fondamenti arcaici e classici)

Christoph Lundgreen: Regelkonflikte in der römischen Republik: Geltung und Gewichtung von Normen in politischen Entscheidungsprozessen

Aloys Winterling (Hrsg.): Zwischen Strukturgeschichte und Biographie: Probleme und Perspektiven einer neuen Römischen Kaisergeschichte: 31 v. Chr. – 192 n. Chr

Conference Report - Family Law in Early Women‘s Rights Debates

Conference Report - ACTIONES, CONDICTIONES, EXCEPTIONES

Prof. JUDr. Jan Vážný

Prof. JUDr. Jan Vážný

Karolina Adamová, Antonín Lojek: About Statues of Rolands in Bohemia

Jiří L. Bílý: Methodology, Analysis of Legal-Archaeological Objects Demonstrated on an Example of Coat of Arms

Miroslav Frýdek: Terminus - Witness of the Ancient Roman Life

Vilém Knoll: Executioner’s Swords – their Form and Development, Brief summary

Marian Małecki: Cracow’s Legal Heritage

Karel Schelle: Prisons of Brno

Renata Veselá, Karel Schelle: Some Remarks on the Coins as Potential Symbols of Roman Law Tradition

Thomas Gergen: Regionalsprachen in Frankreich: Zersplitterung der einheitlichen Republik?

The two first articles of the French Constitution declare that the French concept of State creates a connection between the unity of State and language in order to strengthen social life. Our study sheds light on the way how regional languages and lesser used languages have been treated in French history until today. Since the "Ordonnance sur le fait de la justice" from Villers-Cotterets, published in 1539 under François Ier, the French language is the symbol for national unity and predominant in justice, administration and government.

France seems to keep being one of the most famous examples for the monolinguism because the French language remains the one and only official language.

Key words

French constitution; Lesser used languages; Regional languages; "Ordonnance sur le fait de la justice" (Villers-Cotterets, 1539).

Sebastian Krafzik: Licet iuris – Gefecht um die Macht zwischen Kaiser und Papst

The political episode of the Middle Ages was marked by the tension between papacy and empire. In the dispute about the supremacy of institutions, there was a particularly sharp conflict about the inauguration. The apostolic Church claimed for itself to confirm and to crown the emperor selected. The kingdom, however, wanted to absolve from this influence of the church. Emperor Louis IV had a particularly large share with this debate. With his decree licet iuris papal approval should now come to an end.

This paper provides a closer look at this law and examines its previous interpretation critically. Firstly the reproduction and translation of the main part of the decree are given, followed by a historical classification and the actual exegesis. Finally an insight on the historical significance of licet juris is discussed.

Key words

Licet iuris; Emperor Louis IV.; approbation; inauguration.

Christoph Schmetterer: Rechtsvorschriften zur Hausnummerierung in Österreich von 1770 bis heute

This article explores the legal history of house numbering in Austria from the second half of the eighteenth century to the present. Prior to 1930, federal authorities were responsible for the legal regulation of house numbering in Austrian cities and towns, yet subsequently individual states began to pass their own house numbering laws. However, both federal and state laws had to be implemented by the municipalities. The current study therefore provides a historical overview of the rescaling of house numbering law in Austrian, focusing particularly on the case of Vienna.

Key words

Austria; house numbers; addresses; population census; building order; competences.

Tamara Ehs: The Other Austrians

Some observers of the recent economic crisis compare it to the Great Depression of the 1930s and discuss interwar ideas bearing on these questions such as those of “the Austrians”. There is a lively treatment of Ludwig Mises and his pupils but the other Austrian discourse of this time is neglected, that of the three full professors of political economy at the law faculty of the University of Vienna: Othmar Spann, Hans Mayer and Ferdinand Degenfeld-Schonburg – “the Other Austrians”. This paper calls them to mind and gives an insight into their stances on the economic crisis.

"This article is a revised version of a paper presented at EBHA 15th Annual Conference in Athens/Greece, August 2011. Financial support from the Austrian Science Fund (FWF) for the project P 21280 is gratefully acknowledged. I thank Kevin D. Hoover (Duke University) and Peter Rosner (University of Vienna) for helpful comments on previous versions of this article. Thanks too go to Patricia Haeusler-Greenfield for proof-reading of my translations."

Key words

Austrian School; Economic crisis; Ferdinand Degenfeld-Schonburg; First Republic of Austria; Hans Mayer; Interwar Vienna; Ludwig Mises; Othmar Spann; Political Economy; Law Faculty of the University of Vienna.

Tamás Nótári: Some Remarks on ius vitae ac necis and ius exponendi

A Roman pater familias was entitled to the following positive rights: ius vitae ac necis, ius exponendi, ius vendendi and ius noxae dedendi. What follows is an in-depth analysis of the changes in ius vitae ac necis and ius exponendi. Ius vitae ac necis denotes right of disposal over the life and death of a filius/filia familias, while ius exponendi the right to expose newborn infants. Exposing a child often contained its death or wilful murder; e.g., in case of a deformed child when the aim was to get the family or the community rid of prodigium representing ill luck. Therefore, it seems to be more proper to discuss the rights a father had against newborn infants—no matter if they applied to killing or only exposing the child—as part of ius exponendi since killing or exposing children was several times limited and sanctioned in a single imperial decree. Originally, ius vitae ac necis was sacral and punitive law power. Its sacral character came to the front when killing a deformed child since this right is the component of the father’s power over his newborn infant, and this will be discussed under the heading ius exponendi; its punitive law aspect will become obvious when it is used against an adult child. This paper, first, intends to describe changes in ius vitae ac necis, and dwell on the restrictions and rules of procedure of exercising it (I.). After that, changes in ius exponendi will be followed up, with special regard to the regulation of the legal status of the exposed child (II.).

Key words

Patria potestas; ius vitae ac necis; ius exponendi.

Magdolna Gedeon: Juristische Regelung der Einführung und der Organisation der Zirkusspiele im alten Rom bis zur Prinzipatszeit

In the ancient Roman sources we can find many legal rules relating to the organization of the circus games. In the regal period the king himself initiated and organised the new games in veneration of the gods. The ludi votivi and the ludi publici were established during the Republic. The organization of these games were the duty of the consuls and the aediles.

Key words

Roman law; Circus games; Votum; Votive games; Aediles.

Eszter Cs. Herger: Alimony in Hungarian Family Law in the 19th Century

The system of marital property law was primarily formed by the judicial practice based on traditional customary laws in Hungary in the 19th century. The traditional family model meant on the one hand the personal and property independence of both parties stemming from the full capacity of both parties, on the other hand the position of the husband as the head of the family. This position can explain the fact that temporary and final alimony – although being an institution of property law – was dealt with in the area of the legal effects of marriage on persons in special literature. During marital cohabitation it was the husband’s obligation to provide decent maintenance and cover all expenses incurred in relation to matrimony. Discontinuing marital cohabitation did not terminate this obligation, just as marriage was not terminated by it either. The temporary alimony did not depend on whether the wife was at faulty or not for causing the irretrievable breakdown of the marriage. Before the entry into force of the Matrimonial Causes Act (Act 31 of 1894), denominational laws usually regarded the obligation of the husband to provide alimony to be terminated upon the dissolution of the bond. Contrary to this, the Matrimonial Causes Act created a situation far more favourable for the woman. The intention of the lawmaker was to maintain the non-fault woman’s social and financial status enjoyed during marriage in this way, since “the husband, who caused the dissolution of marriage by his injurious conduct and thus deprived her wife of the financial advantages which she could enjoy in the conjugal life, deserves to be obliged to compensate her for the loss of those advantages.”

Key words

Marriage; marital property law; judicial practice; traditional family model; gender equality; temporary alimony; final alimony; principle of fault; Hungary.

Gábor Schweitzer: Legal Education and Ethos of the Legal Profession in Hungary in the Civil Era

The paper is dealing with several aspects of legal education in Hungary in modern times and also reflects with the image of legal professions in Hungary from the age of enlightenment up to WW I. Legal education was considered to be one of the privileges of the churches before the period of enlightenment. The only university of Hungary, established at 1635 in Nagyszombat (today Trnava), was deeply influenced by the roman catholic church. Later on the significant protestant churches, the Calvinist and the Lutheran also established their so called legal academies. After the educational reform of Maria Theresia in 1777, several so called royal legal academies were also established in Hungary. In the period of dualism, after 1867 there were existing two universities and 10 legal academies in the country. The number of legal professionals among the Hungarian intelligence was traditionally high. The paper would like to answer why legal studies were so popular in that period. Citing memoirs and literary works also describes the changing images of different legal professions.

Key words

Legal education in Hungary; Legal universities in Hungary; Legal academies in Hungary; ethos of legal professions in Hungary; image of lawyers; image of notars.

Norbert Varga: The Codification of the Law of Conflict of Interest (incompatibilitas) in Hungary in the 19th Century

I intend to present in my paper the development of codification of conflict of interest, which is still a very important legal institution of Hungarian parliamentary system. The aim of my study is to discuss the codification procedure of the national assembly. We are dealing with a legal institution that was of outstanding significance for the whole society, since it was through the regulation of conflict of interest situations that the principle of the separation of powers could be implemented in practice. In the course of my project, I will examine the system of incompatibility in the late feudal period, which had an influence on the legislative process in the bourgeois era.

Key words

Conflict of interest; national assembly; status of representatives; history of constitutional law.

Alberto Iglesias Garzón: Reformation of Law Administration in Jean Domat‘s Masterworks

The quest for clarity and legal security in Jean Domat´s legal thought binds his masterwork Les Loix Civiles dans leur Ordre Naturel (1689-1694) to the process of reformation of the judiciary administration in Louis XIV´s France. It is also through this perspective that his legal and philosophical thought reaches the 1804 French civil code. Overcoming medieval jurisprudence and its substitution by sovereign´s law as the main source of legal creation will influence Jean Domat. His great concern about what he thought to be the “false groundings of jurisprudence” came along with his concern about judges not respecting the sovereign´s law. The whole of his legal view is about the increasing absolute power of the king and his means to the unification of law. Aiming to the suppression of the judge´s discretionary legal practice and making him bounded to the sovereign´s law was a certain way to controlling the non-conformist members of the judiciary administration. The main argument for implementing Domat´s view was the (divine) perfection of roman law.

Key words

Jean Domat; Reformation of Justice; Code Civil; Natural law; Positive law.

Magdolna Szűcs: “Creditor rem sibi oppignoratam a debitore emere non potest” (Brev. IP. 2, 12, 6)

In the Lex Romana Visigothorum is present the rule on the prohibition to the pledgee to buy the pledged thing from the debtor. The author analyzing the texts of the Breviary intends to answer the question: why the texts of Pauli Sententiae and the Constantine’s constitution on commissoria rescindenda were interpreted as a prohibition to the creditor to purchase the object of the pledge from the debtor? By the interpretations the new rule was introduced which is contrary to the classical and Justinian’s law. Accepting the opinion that the ius was subordinated to the leges and even harmonized with it in the Breviary, the research embraces also those imperial constitutions which can show the circumstances in which the rule was made. Using both, the dogmatic and historical method, the author’s conclusion is that creditors used sale contract to cover unlawful appropriation of the debtor’s property. This practice and the problems of Vth century were well known to the interpreters and to the people as well, therefore the rule expresses the common understanding.

Key words

Postclassical Roman Law; pledge; lex commissoria; purchase of the pledge; Lex Romana Visigothorum.

Mirela Krešić: Entitlement of Female Descendants to Property of Croatian Communal Household

The paper analyses provisions of the three legal acts on communal households which had regulated the entitlement of female descendants to communal household property. Those are the rights which the female descendants practiced in the course of division of a communal household and inheritance, as well as the right to trousseau or dowry. Furthermore, the social and economic frameworks are explained for the passing and validity of communal household laws, which had marked the second half of the 19th century, and the beginning of the 20th century in the Kingdom of Croatia and Slavonia. Of particular concern is the status of communal household legislation within Croatian legal system, which was based on the General Civil Code after the abolition of feudalism in 1848.

Key words

Communal household; female descendants; household division; inheritance; trousseau or dowry; the General Civil Code; the Kingdom of Croatia and Slavonia.

Przemysław Dabrowski: Union of Brest and its Dissolution on the Territories of the Congress Kingdom of Poland, Belarusian and Lithuanian Lands

The conditions of the union of Brest were set on a meeting in Torczyn, on 2 December 1594. Once the union was announced in Rome on 12 June 1595, a synod was convoked to Brest. Two letters were drawn – one to Sigismund III, the other to the pope Clement VIII. Cyryl Terlecki and Hipacy Pociej were appointed as plenipotentiaries to talk with the pope. In a letter to the pope they announced subscribing to the provisions of the Council of Florence of 1439, and asked for preservation of the whole liturgy and Eastern rites. In the letter addressed to the king they appealed for preservation of their old privileges and granting them the privileges enjoyed by the Catholic clergy, but also for defense in case of any interference of the Constantinople patriarchs or church sanctions. This issue was to be finally concluded at the next synod convoked in Brest. The act of union was concluded on 9 October 1596. From the times of Catherine II the Union on was doomed to be annihilated. The Orthodox Church viewed Unites as its brothers, separated from the Tsardom in the 16th century. The policy of Russian authorities was very consistent, with short breaks during the rule of Paul I, Alexander I and at the beginning of Alexander II rule.

Key words

Union of Brest; dissolution; Congress Kingdom of Poland; Belarusian and Lithuanian Lands.

Anna Klimaszewska: General Principles in the Commercial Code of France of 1807

No general part was created in the French Code de commerce of 1807, which was one of the basic objections to this act since its very beginnings. Book I was in fact entitled Of Commerce in General, however, even superficial analysis of its content indicates irrefutably that it contained regulations governing a specific subject matter. The lack of a general part did not mean that codifiers were not guided in the works on the code by any higher principles. On the contrary, while creating or copying given standards from earlier binding acts, they realised a legislative policy which had been adopted in advance, and which, paradoxically, did not aim at creating a liberal background for trade, but at managing the economic crisis with intense state control.

Key words

French Commercial Code; Napoleonic codification; ordinances of Louis XIV; commercial law; maritime law; commercial partnerships; general principles.

Jakub H. Szlachetko: The Geopolitical Thought of Józef Piłsudski and his Political Camp Concerning Central Europe in Comparison to the Achievements of Other Political Centers

The paper focused mainly on the ideas created by Marshall himself or people from his closest circle. It is worth stressing that federalism, the policy of balance of power or colonialism are not the only manifestations of spatial thinking in Piłsudski’s camp’s foreign policy. During the interwar period, the members of various social organizations united in the so–called Zet Movement were very active, and created interesting variants of the ideas outlined in the article. During the Second World War and the People’s Republic of Poland, owing to political reasons, Piłsudski’s camp’s thought on Central Europe did not influence the reality of the time at all. Yet it persisted within certain circles of the anti–communist independence movement until the 21st century, and it is at present, to a smaller or greater extent, implemented by the right–wing political parties.

Key words

Marshall Józef Piłsudski; Second Republic of Poland; geopolitical thought; the idea of federalism; the idea of policy of balance; the colonial idea.

Kamila Kędzierska: The Internal Organization and Supervision as Vital Issues in Post-War County Administration in Poland

In the article the matters of internal organization and supervision issues in post-war county administration in Poland are discussed on the example of Krakow County. In the first part statutes that dealt with the practical matters such as mail circulation, storing and marking the official documents are discussed. Author underlines their importance in relation to functioning of administrative offices. Next the matter of the provisions concerning handling of confidential correspondence such as internal order of the Krakow starosta issued on April 17th 1945 is discussed.

The second part of the article is focused on the supervision and approval of developed documents. Author points out that internal decree number 15 issued on 26th of March 1945 was the first regulation about internal supervision. In this decree matters such as time schedules for delivering of official documents and meetings with starosta were regulated.

Author’s conclusion is that provisions, that today seem natural for administration, were introduced to the newly created administration, which did not exist during the war and occupation, therefore they were crucial for the proper functioning of the county office.

Key words

Administration; history; Krakow County; postwar Poland.

Michaela Uhlířová: Punishments Connected with Person of Offender in Selected Countries of Ancient World

The article deals with sanctions directly connected with the person of offender in the established group of selected ancient states (Egypt, Mesopotamia, Hittite Empire). In this article these sanctions are divided and, furthermore, their impact from personal (humiliation), religious (posthumous life) as well as legal (“legal death”) view is discussed. In particular the legal norms extant in collections of laws (Mesopotamia, Hittite Empire) or court protocols (Egypt) were used as the basic sources for elaboration of this article.

Key words

Hittites; Mesopotamia; Egypt; shame; degradation; personality; designation; outlaw; society; law; punishment.

Magda Schusterová: Präambel im Fokus –Anmerkungen zum Vorspruch des Podiebradschen Friedensvertrages

The preambles are generally considered to constitute an introductory or even poetical part of a legal text. The promulgation of the document is announced in the preamble and the reason for its promulgation. However a closer examination reveals that their content could be far reaching. Namely the preamble of the peace treaty of the Bohemian King George of Podebrady (1458-1471) reflects interesting philological and juridical aspects of the medieval times, in that it mentions the general peace mission of the princes and their natural commitment to defend the Christian faith. We also find therein citations from the Holy Bible, from the Codex Iustinianus or a partially copied imperial writing of Frederick III. However the Bohemian text does not go beyond the tradition of the late medieval preambles in form and content- peace making among European princes in order to fight enemies of Christianity was one of the common topos at this time.

Key words

Preamble; Peace; Treaty; Christian faith; George of Podebrady; Bohemia.

Bohumil Poláček: A Brief History of River Navigation in Bohemia up to the 19th Century – Part 1

According to archaeological findings in the Elbe river bed alluvium, navigation of rivers existed in the area of Bohemia already in the middle Stone Age (i.e. 6,000 to 4,000 years ago). The first written reports on the navigation along the Elbe preserved in the chronicles relate to the time when the armies of Charles the Great conquered the Elbe Serbs and Bodrces. Around the year 805, Charles the Great forbade its traders to export arms and equipment to Bohemia and the same year some of his troops were sent into the battle on the boats upstream the Elbe to Magdeburg, where they clashed with the Elbe Slavs. Duty as a fee for the use of waterways belonging to the sovereign was introduced in Bohemia according to the Magdeburg example sometime around the 60s of the 10th century. For the college of priests gathered in the church centre of the Litoměřice Castle, the Prince Spytihněv II founded the chapter with the Church of St. Stephen around the year 1057. With the founding charter, which is the oldest in our country and preserved in the original, the prince donated many of his revenues, among others the revenues from the Ústí and Litoměřice water shipping duties. With the gradual centralization of state administration and the growth of royal power it became possible to disrupt the Litoměřice trade monopoly on the Elbe, when with the decree issued by the King Přemyslid Otakar II on November 25, 1274  the town of Mělník  received the right to conduct shipping on Elbe. The trade in Roudnice  started to flourish from the second half of the 14th century. It was an old settlement of the Prague bishops, which was promoted to the town before the year 1279. Apart from towns, there were also several boats owned by monasteries and nobility which contributed to shipping and trade on the Elbe. In 1226 the Premonstratensian church in Doksany  was given the duty-free privilege to bring one boat with salt from Serbia and one boat to export domestic products. In 1340, while he was only the Margrave, Charles IV gave the Prague reeves and councilors a privilege to choose eight sworn millers. The sworn millers eventually become the highest authority on the water in Bohemia and also oversaw the construction on rivers and their navigability, etc. In doubtful cases, they published their final opinions as “the sworn miller court”, a special arbitration tribunal, which had the responsibility of deciding water management disputes.

Key words

Elbe river; waterway; navigation; water shipping duties; the sworn miller court.

Lucie Bendová Bednářová: The Crime of the „Forced Abortion“ before the Regional Court in Olomouc in the Second Half of the Eighties and in the First Half of the Nineties of the Nineteenth Century

In this article I go in for the second half of the eighties and the first half of the nineties of the nineteenth century. I focus on the characterics of women who committed (or attempted to commit) the crime of the “Forced Abortion”, but also on the characteristic of men who often urged their partners to get the “Forced Abortion” carried out and also of persons who performed the illegal abortions, whether they were physicians, midwifes or persons without medical education. The specific criminal cases of the Regional Court in Olomouc identify the causes of crime, methods of its implementation (mechanical or chemical means used), the way of decision making of the court on the mitigating and aggravating circumstances, guilt and punishment and also the attitude of the Prosecutor's Office in Olomouc and advocates towards the accused and the crime. In the end I present pertinent conclusions and I try to compare two periods - the second half of the eighties and the first half of the nineties of the nineteenth century and the first quarter of the twentieth century.

Key words

The crime of the “Forced Abortion”; the Criminal Code of 1852; the Regional Court in Olomouc; woman as a perpetrator; the second half of the eighties and the first half of the nineties of the nineteenth century.

Katarína Fedorová: Justices of the Peace in the Judicial Reform of Tsar Alexander II.

The article deals with the creation, organization and action of the justices of the peace, established by the judicial reform of the Russian tsar Alexander II. Justices of the peace adjudged minor criminal and civil legal disputes between citizens in proceedings specifically modified for the conciliation with the fundamental acts of the judicial reform of 1864: the Court Establishment Act, the Criminal Process Act, the Civil Process Act and the Law establishing penalties, imposed by the conciliation courts. Despite the undoubted successes in deciding legal cases, hostility of the executive power led in 1889 to abolition of the justices of the peace.

Key words

Russia; Judicial Reform; Alexander II.

Beiträge zur Rechtsgeschichte Österreichs. Thomas Olechowski, Christoph Schmetterer (Hrg.), Band 1/2011: Testamente aus der Habsburgermonarchie: Alltagskultur, Recht, Überlieferung

Anti-Semitic Legislation in Slovakia and in Europe (Report from a Conference)

200 Years of ABGB – from the Codification to the Recodification of Czech Civil Law, 2nd – 3rd June 2011

Konferenz „Die Entwicklung des Privatrechts auf dem Gebiet der Tschechischen Republik“

Conference of Doctoral Students from the Department of the History of the State and Law at the Faculty of Law, Masaryk University, Dated 30th June, 2011

Viva Voce Examination Report

Zoltán Végh: Römisches Recht und Nationalsozialismus. Gedanken zur Universalität des Römischen Rechtes.

Die NS-Doktrin begegnet dem Römischen Recht von zwei Positionen aus: die Dominanz des völkischen Gedankens und die Verwirklichung des „altgermanischen“ Grundsatzes ‚Gemeinwohl geht vor Eigennutz“. Daher wird schon zum letzteren im Parteiprogramm von 1920 die „materialistische Weltordnung“ des römischen Rechtes verworfen. Zum ersteren wird alles abgelehnt, was die Grenzen des völkischen Rechtes und der Gemeinschaft sprengen könnte. Daher sind ius gentium und ius naturale und die aus ihnen ableitbaren Grundsätze allgemein anerkannter Normen und menschlicher überregionaler Grundrechte entschieden abzulehnen. Mit einiger Gehirnakrobatik gelingt es H.-H. Dietze, ein neues „Völkisches Naturrecht“ zu erfinden. – Einige Absätze widmen sich den Problemen, denen die Lehre des RR in der NS-Zeit begegnete.

Keywords

Naturrecht; NSDAP u. Römisches Recht; Parteiprogramm NSDAP; Gemeinwohl u. Röm. Recht; Röm. Recht und Rassismus.

Thomas Gergen: Anfänge und Entwicklung des Copyright-Systems in England und den USA

Ausgehend von den beiden unterschiedlichen Systemen des Urheberrechtsschutzes, d.h. das des droit d’auteur und das des Copyright, untersucht der Beitrag die Anfänge und Entwicklungen des Copyrights in England und in den Vereinigten Staaten von Amerika bis in die Gegenwart.

Der Schutz begann im 16. Jahrhundert in England mit der Verleihung des Rechts an die „Company of Stationers“ (Buchhändlergilde), die ein Bücherregister (Bücherrolle) führen durfte. 1709/10 folgte mit der „Statute of Anne“ das erste Urheberrechtsgesetz in England, das erste der USA war der „Copyright Act“ von 1790. Im Jahre 1998 verlängerte der amerikanische Gesetzgeber die Schutzfrist für die Mickey Mouse mit einem eigenen Gesetz um 20 Jahre; die Frist läuft also 2018 aus.

Keywords

Urheberschutz; Copyright; England; die USA.

Christoph Schmetterer: Die Rechtsstellung der Mitglieder des österreichischen Kaiserhauses von 1839 bis 1918

Die Mitglieder des Kaiserhauses waren österreichische Staatsbürger mit zahlreichen Privilegien. Sie waren strafrechtlich besonders geschützt. Privatrechtlich unterstanden sie der Hausgewalt des Kaisers, dessen Genehmigung sie für Eheschließungen, Adoptionen und letztwillige Verfügungen benötigten. Im Zivilverfahren hatten die Mitglieder des Kaiserhauses einen eigenen Gerichtsstand vor dem Obersthofmarschallamt.

Der Aufsatz beschreibt die Rechtsstellung der Mitglieder des österreichischen Kaiserhauses anhand des habsburgischen Familienstatuts, der entsprechenden Gesetzesbestimmungen und der zeitgenössischen juristischen Literatur. Außerdem werden konkrete Beispiele für die Anwendung der rechtlichen Regelungen gegeben.

Keywords

Kaiserhaus; Erzhaus; Erzherzog; Erzherzogin; Familienstatut; Privatfürstenrecht.

Barna Mezey: Rechtsgeschichte an der Juristischen Fakultät in Budapest

Man könnte glauben, dass die Entfaltung der Lehre und der wissenschaftlichen Erfassung der Rechtsgeschichte gleichzeitig vor sich gingen. In der Wirklichkeit ist aber schon die Festlegung der Grenzlinie problematisch: Wann begann wohl die Lehre der Rechtsgeschichte an der Juristischen Fakultät der Königlichen Ungarischen Universität? Bis zur bürgerlichen Umwälzung 1848 ist nämlich das Fach als selbstständiges Studium in der Ausbildung nicht präsent. Aber als Teil des auf dem Gewohnheitsrecht basierenden so genannten einheimischen Rechts ist die ganze Rechtsgeschichte, von den Gesetzen Stephans des Heiligen bis zum Habsburgischen Patentrecht, vom landesweiten und örtlichen Gewohnheitsrecht bis zu den Traditionen der Gesetzgebung, im Lehrstoff vorzufinden. Die namhaften Lehrenden des ungarischen Rechts, die auch Lehrbücher veröffentlicht haben (so z. B.  Imre Kelemen, Mátyás Vuchetich, Pál Szlemenics), lehnen sich stark an das traditionelle Recht an. Das Privatrecht ist sogar ein Geschichtsfach (Andor Csizmadia), während das Strafrecht angesichts der Kodifizierungsbewegungen gerade dabei ist, die Bande der ständischen Geschichtlichkeit loszuwerden.

Deshalb ist es vielleicht richtig, wenn wir anders formulieren und die Anfänge dort vermuten, wo wir mit historischer Analyse (und mit historischem Unterricht) zu tun haben, die sich auf die Rechtsentwicklung konzentriert, ausgesprochen historische Gesichtspunkte in den Mittelpunkt stellt und sich den Sachen kritisch und rechtsgeschichtlich nähert.

Keywords

Rechtsgeschichte; Ungarn; Budapest.

Kamila Staudigl-Ciechowicz: Zur Entstehung der Wiener Kriminologie und Kriminalistik in der 1. Republik

Der Beitrag beschäftigt sich mit der Kriminalistik und Kriminologie in Österreich mit einem Schwerpunkt auf Wien in der Zwischenkriegszeit. Ausgehend von weitgehend ungedrucktem Quellenmaterial wird die Gründung des Universitätsinstitutes für die gesamte Strafrechtswissenschaft und Kriminalistik beschrieben und im Hinblick auf die beteiligten Personen und Lehrinhalte beleuchtet. Besondere Aufmerksamkeit verdient dabei Wenzel Gleispach als Gründer des Instituts sowie die wissenschaftlichen MitarbeiterInnen. In diesem Zusammenhang wird der Frage nach der Öffnung der juridischen Fakultät für Frauen als Arbeitnehmerinnen nachgegangen. So stellte dieses Institut als erste Einrichtung der rechts- und staatswissenschaftlichen Fakultät Frauen als wissenschaftliche Mitarbeiterinnen an. Abschließend wird das Verhältnis zum Kriminalistischen Institut der Polizeidirektion Wien erläutert.

Keywords

Wenzel Gleispach; Strafrecht; Zwischenkriegszeit; Kriminologie; Kriminalistik; Wiener Rechts- und Staatswissenschaftliche Fakultät; Hubert Streicher; Wiener Bundespolizeidirektion; Siegfried Türkel; Kriminalbiologie; Hans Gross; Franz von Liszt.

Claudia Lydorf: Accursius, Bartolus und Baldus und die Auswirkungen ihrer Lehren auf das Privatrecht am Beispiel der Lex Aquilia

Der moderne Jurist kommt wieder verstärkt mit alten europäischen Rechtsinstituten in Kontakt, die in Europa als „ausgestorben“ bezeichnet werden können, während sie in außereuropäischen Rechtsordnungen in ähnlich Ausprägung weiterhin existieren und  im Wege der Globalisierung, ihren Weg zurück nach Europa finden. Das stellt die Rechtswissenschaft vor die Aufgabe, die sich aus den verschiedensten Gesetzen speisenden Rechtspositionen in Einklang zu bringen. Vor diesem Hintergrund lohnt es sich, sich in Erinnerung zu rufen, dass die Schaffung des Internationalen Privatrechts sowie die Harmonisierung des europäischen Zivilrechts auf eine lange Tradition zurückblicken können. So war es bereits im 12. Jahrhundert in Bologna erfolgreich gelungen, das von Justinian geschaffenen Corpus iuris civilis wiederzubeleben und somit ein einheitliches, europaweit Geltung beanspruchendes Gesetzeswerk für das Zivilrecht zur Verfügung zu stellen.  Die personellen, institutionellen und methodischen Ursprünge der europäischen Rechtswissenschaft sollen im Folgenden Beitrag vorgestellt werden. Darüber hinaus werden am Beispiel der Lex Aquilia einige, in dieser Ursprungszeit entwickelten Rechtsgedanken aufgezeigt werden, deren Wirkung sich bis in die Neuzeit feststellen lässt.

Keywords

Accursius; Bartolus; Baldus, Glossatoren; Kommentatoren; Lex Aquilia; Bologna; Perugia; Glossatorenschule; Kommentatorenschule; Privatrecht; Corpus iuris civilis; Glossa ordinaria; justinianische Kodifikation; Glossierung; damnum; lucrum; Digesten; Interesse  extra rem; Schadensersatz; Deliktsrecht.

Pál Sáry: Der auf die Bibel abgelegte Eid im justinianischen Recht

Die heidnischen Römer maßen, ähnlich wie andere Völker der Antike, dem Eid eine große Bedeutung bei. Diese wichtige Rolle der Eidablegung blieb auch nach dem Sieg des Christentums, sowohl im privaten als auch im öffentlichen Bereich, bestehen. Der Akt des Eides erhielt nun einen christlichen Inhalt, der in der Anwendung der Bibel seinen formalen Ausdruck fand. Die Konstitutionen von Kaiser Justinian liefern viele Hinweise auf die Anwendung des auf die Bibel abgelegten Eides. Aus diesen Erlassen geht klar hervor, dass dieser symbolische Rechtsakt, der trotz seiner christlichen Form, in vielerlei Hinsicht weiterhin Ähnlichkeit zu den alten heidnischen Eidesformeln aufwies, breite Anwendung fand.

Keywords

Römisches Recht; justinianisches Recht; Eid; Bibel.

Karel Schelle: Die Rechtsregelung der Schadenshaftpflichtversicherung im ABGB

Dieser Aufsatz befasst sich mit der Analyse der Rechtsregelung der Schadenshaftpflichtversicherung in der zweiten Hälfte des 19. und am Anfang des 20. Jahrhunderts in der österreichich-ungarischen Monarchie. Einer gründlichen Analyse werden die betreffenden Bestimmungen des Allgemeinen Bürgerlichen Gesetzbuches von 1811, die Versicherungsregulative und der Vorbereitungsprozess der Verabschiedung des Gesetzes über den Versicherungsvertrag unterzogen.

Keywords

Versicherungswesens; Schadenshaftpflichtversicherung; Gesetz über den Versicherungsvertrag; Versicherungsregulativ; ABGB.

Jaromír Tauchen: Die Grundcharakteristik des Privatrechts im Protektorat Böhmen und Mähren

Der Zweck dieses Beitrags besteht in der Analyse der Grundänderungen, zu denen es im Bereich des Privatrechts nach der Errichtung des Protektorats Böhmen und Mähren gekommen ist. Das Privatrecht in Protektorat stellt ein sehr umfangreiches und trotz seine häufigen Änderungen und Eingriffe ein sehr unübersichtliches Gebiet dar, deswegen sind hier nur die wichtigsten Momente erwähnt, damit sich der Leser einen Grundeinblick in diese Problematik verschaffen könnte.

Keywords

Protektorat Böhmen und Mähren; Nationalsozialismus; Privatrecht; NS-Ideologie.

Dmitry Poldnikov: Dogma and Legal History in Russian Science of Civil Law

The paper presents the analysis of correlation between the legal dogma and legal history as it was reflected in the theoretical publications of several renowned Russian Private Law scholars throughout the 20th century. The author states that historical argument may, and should, perform the explanatory and corrective functions in relation to legal dogma, but de facto it serves as an ornament in Russian Private Law studies. The author traces the causes of this discrepancy between the desired and actual state of the legal discipline by examining colloquial, philosophical and legal meanings of “dogma” in Russia; European ancient and medieval origins of the legal dogma; and its link with the modern Roman law. The author argues in favour of a more active usage of Legal History in order to correct the inherent drawbacks of dogmatic approach to legal research.

Keywords

Dogma; legal history; medieval ius commune; Russian legal science; Roman law; Pandectists; civil law theory; argument; methodology; legal terminology.

John E. Fahey: The Secret Poison Plot Adolf Hofrichter and the Austro-Hungarian General Staff

The Austro-Hungarian Empire's military justice system, like much in the Empire, adapted slowly to changing times.  First Lieutenant Adolf Hofrichter's 1909 poisoning of a member of the Army's General Staff, and his subsiquent investigation and trial, illustrate the weaknesses of the Austro-Hungarian court marshal system and its' perception in broader society.  The Viennese press's suggestions and complaints about Hofrichter's court marshal, show the need for adaptation and change.  The press also illustrate the role of the military within the broader criminal justice system of the fin-de-siecle Austro-Hungarian Empire. 

Keywords

Austro-Hungarian Empire; military justice; court marshal; murder; poison.

István Stipta: The Main Tendencies of Hungarian Legal Historiography in the 20th Century and its Present Situation

The essay analyses first the Hungarian legal historiography in the 20th century. It gives the list of scientific schools of the Horthy era and its most important representatives. In addition, the essay examines the intellectual impacts that shaped the contemporary science of Hungarian legal history. After then, the paper deals with the so called socialist science appearing after World War II. The essay refers to the ideological subjection (determination) of the science and the battle of the old and new approach. The chapter that introduces the present situation of the science of legal history displays the research centers of legal history reawakening from the 1970’s. The paper also reviews the process of development of the education and research centers in the provinces. It also introduces the procedure of how the science of history and legal history approached each other.  The author endeavors to name each important scholar and to refer to the most remarkable works written by those.

Keywords

Legal historiography; constitutional and legal history of Hungary; education of legal history; constitutional-historical research centers; legal academies; historical and legal scientists.

Norbert Varga: The Private Law Elements of Citizenship Law in the 19th Century

The bourgeois transformation created the conditions subsequent to which the demand for statutory regulation of Hungarian citizenship could emerge. The codification of citizenship law was helped by the appearance of the idea of sovereignty and of the principle of equality before the law. The development of a bourgeois state organisation striving to rid itself from the vestiges of feudalism made the reform of citizenship law, as one of the elements of state sovereignty, unavoidable. The bourgeois transformation played a major role not only in the extension of the principle of equality before the law, but also in changing the meaning and the content of the concept of citizenship. Citizenship was an expression of the legal relationship existing under public law between a state and its citizen. In the public law of feudalism, this concept did not exist. As a result of this process, citizenship law also became a part of public law in Hungary (act L of 1879), despite the fact that certain elements of private law continued to play a role in case of both the acquisition and the loss of citizenship.

Keywords

Citizenship; public law; Hungarian constitutional history; legitimization; naturalization; marriage; concept of citizenship;loss of citizenship; private law; foreign citizens; family law; illegitimate child.

Balázs Pálvölgyi: Ethnic Questions in the Hungarian Migration Policy until 1914 – Forming the Main Lines of a State-Backed Action Concerning the Migrants in the United States

In the second half of the 19th century, when the mass-migration flow started from Hungary mainly to the United States and to other American destinations, the Hungarian government slowly revealed the complexity of this social phenomenon. In the early years of the Hungarian migration, it was the economic and military question, which gave a push to the governmental steps in a higher level, and from the end of the 19th century, it was the ethnic problem, which made the Hungarian policy ambiguous.

Keywords

Migration; Austria-Hungary; United States; ethnic questions; secret governmental action.

Kamila Kędzierska: Local Administration in the Years 1944 –1950 – Overview and Selected Problems Based on the Example of Krakow County

This article includes the overview of political system and functioning of the local administration in Poland in the years 1944-1950, as well as the problems of clerical (officials) law after World War II. On the background of these general statements the article shows selected issues concerning the activity of Krakow County, dealing in the vast majority with the employed officials. In accordance with the above scheme, the article is divided into three equivalent parts.

Keywords

Krakow; Poland; local administration.

Zdeněk Koudelka: The Arms of Moravia and Silesia

Moravia and Silesia are historical lands which nowadays create the eastern part of the Czech Republic. Nevertheless, the major part of Silesia belongs to contemporary Poland, a smaller part belongs to Saxony. Moravia as a margraviate and Silesia as a duchy belonged as integral parts to the Holy Roman Empire and were feudally dependent on the Czech king, later on the Habsburg and Prussian state. Their historical lines projected in that aspect that their coats of arms exist in two versions.  

Keywords

Moravia; Silesia; arms.

Alexander K. Schmidt: Erfinderprinzip und Erfinderpersönlichkeitsrecht im deutschen Patentrecht von 1877 bis 1936

Gábor Hamza: Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition

Internationales Kolloquium: „Kodifikationsgenesis des Privatrechts und ihr Gedankenhintergrund“

Viva Voce Examination Report