Third International Scientific Conference

"Ius & Humanitas"

 

Balkan Association of Roman Law and Roman Legal Tradition

 

 

 

 

On 25th and 26th  October 2018 in Skopje, Macedonia under the auspices of the Faculty of Law "Justinian the First" at Skopje University "Ss. Cyril and Methodius", the Italian Embassy in Macedonia and the representation of Konrad Adenauer Foundation together with the support of the Faculty of Law at Sofia University "St. Kliment Ohridski" was held the Third International Conference of the Balkan Association of Roman Law and Roman Legal Tradition „Societas pro Iure Romano" on topic „Ius et Humanitas". Тhis prestige academic forum took place confirming the cooperation among Romanists of the Balkan countries and their colleagues from leading universities in Western Europe. More than 50 Romanists took part in the conference from Bulgaria, Spain, Italy, Macedonia, Romania, Serbia, Hungary, Croatia and Montenegro (countries are listed in alphabetical order, not in terms of the number of delegates). The conference topic "IUS & HUMANITAS", determined by the Administrative Council of the Balkan Association and the organizers, relates to the forthcoming celebration on the 10th December 2018 of the 70th anniversary from the adoption by the UN General Assembly of the Universal Declaration of Human Rights. Undoubtedly the Declaration has been the first important achievement of the world organization in this field and the first worldwide recording of the rights inherent to all human beings. Its provisions have been developed in subsequent international treaties providing for the protection of human rights, national constitutions and legislations, while for the past seven decades consistent and extensive case-law has been established concerning their implementation. As this topic provides ample research opportunities, the conference presented a great variety of concepts and positions on the main issues concerning the protection of human rights and in general, the humane aspects of law. In this light the event was also a form of celebration (though with some delay) of the 80th anniversary of one of the initiators and most active participants in the Balkan Association and its conferences, its honorary member, Professor Sebastiano Taffaro. His book "Ius hominum causa constitutum. Un diritto a misura d'uomo", issued by the Italian publishing house – Edizioni Scientifiche Italiane – exactly 10 years ago, is not merely a remarkable scientific work dedicated to the defence of the human being and the fundamental values in a human life. It also represents an academic bridge between the law of the Antiquity and contemporary law, a basis for comparative legal and dogmatic research where Roman law holds a central position. In its introduction Professor Taffaro wrote: "I find it useful to solidify some of my reflections into one [concept] about the central role of the human being in Roman Law […] for the purposes of explaining what Roman theorists perceive as a basic characteristic of the IUS. The significant tradition embodied in the structure of the Institutes of Gaius elaborated during the 2nd century A.D., followed almost word for word in the Institutes of Justinian, does not always reveal the pivotal role of the human being. Roman Law is examined into three divisions (people, things and remedies) taking the risk that the direction towards its main goal about the human position will not be perceived, without which, however, it will seem void of content and, therefore, this would divest of meaning and interest the entire law." Thus, it was namely the Roman jurist's opinion from the end of the third century, Hermogenian, preserved in the Digests and placed in the beginning of titles, dedicated to the personal right, that formed a distinct motto for the conference: D. 1.5.2 (Hermogenianus libro primo iuris epitomarum) Cum igitur hominum causa omne ius constitutum sit [...] The Third International Conference of the Balkan Association affirmed the main guideline for academic research, set out in the Statutes of the association, i.e. the presentation of not only the Roman legal institutes and principles but also of the developments within the Roman legal tradition in the centuries and the timeless values of the Antiquity incorporated in modern law. The agenda, and respectively the current issue of the journal divides the studies into two main groups – a public and private law one with key reports coming first. Along with research studies of the members of the Association from the Balkan countries, papers have been included by Romanists from some of the most prestigious universities in Europe welcoming the goals of our association as it is gradually becoming one of the authoritative international legal associations in Europe.

 

 

 

PROGRAMME OF THE CONFERENCE

25 – 27 October 2018

Hotel Continental Skopje

 

Thursday

25 October 2018

 

Arrival of the participants

 

19.00     Welcome Reception at the Assembly of the Republic of Macedonia (tbc)

              

Address by Mr. Talat Xhaferi, President of the Parliament of the Republic of Macedonia

 

 

Friday

26 October 2018

 

08.00     Breakfast

 

09.00     Registration of Participants

 

10.00     Opening of the Scientific Conference

              

H.E. Carlo Romeo, Ambassador of Italy to Republic of Macedonia

H.E. Christian Thimonier, Ambassador of France to Republic of Macedonia

Johannes D. Rey, Official Representative of the Konrad-Adenauer-Stiftung, Office in the Republic of Macedonia

Professor Vlado Buckovski, Chair of the Institute for Roman Law and Legal History, Faculty of Law "Iustinianus Primus"

 

10.45     Plenary Panel

              

Professor Gabor Hamza, Eotvoz Lorand University

Professor Sebastiano Tafaro, University of Bari

Professor Malina Novokirishka, President of the Balkan Association of Roman Law and Roman Legal Tradition, University of St. Kliment Ohridski

 

12.00     Panel A Private Law

 

Chair: Dr. Malina Novokirishka, Full-time Professor of Roman Law, University of St. Kliment Ohridski

 

1. Dr. Carmen Jiménez Salcedo, Professor of Roman Law, University of Córdoba

First Formulation of the Theory of Normal Use: Spangenberg and its Roman Theory of the Inmission. The Most Advanced Vision of Igering and Its New Inmission Concept.

 

2. Dr. Juan Miguel Alburquerque, Professor of Roman Law, University of Córdoba

The Idea of Ius, Aequitas and Iustitia Would Be Associated With the Idea of the Useful and the Convenient: Common Utility.

 

3. Dr. Mirjana Polenak-Akimovska, Full-time Professor of Roman Law, University of Ss. Cyril and Methodius

Dr. Goce Naumovski, Full-time Professor of Roman Law, University of Ss. Cyril and Methodius

Certain Issues Relating to Receiving Inheritance in the Roman Law

 

4. Dr. Rodna Živkovska, Full-time Professor of Roman Law, University of Ss. Cyril and Methodius

Dr. Tina Pržeska, Associate Professor of Roman Law, University of Ss. Cyril and Methodius

The Institute Usucapio in Roman and Contemporary Law

 

5. Dr. Vlado Buckovski, Full-time Professor of Roman Law,  University of Ss. Cyril and Methodius

Dr. Esin Kranli Bajram, Assistant Professor of Roman Law, University of Ss. Cyril and Methodius

Apertura testamenti and its Legal Consequences in Roman Law

 

6. Dr. Emilija Stankovic, Full-time Professor of Roman Law, University of Kragujevac Laesio enormis  in Medieval Serbia according to „Justinian's Code"

 

7.  Dr. Zika Bujuklic, Full-time Professor of Law, University of Belgrade Roman Law in Doctoral Thesis of Nikola Krstić from 1854

 

8. Dr. Marija Ignjatović, Associate Professor of Roman Law, University of Niš Aleksandar Arsić, University of Niš

 

Contract of carriage of goods by sea from the aspect of Roman and contemporary law

 

9. Dr. Dragan Bolanca, Full-time Professor of Maritime Law, University of Split

Dr. Petra Amizic, Full-time Professor of Maritime Law, University of Split

 Dr. Vilma Pezelj, Associate Professor of Legal History, University of Split

Salvage on the Sea - From Roman Law to Modern Time

 

10. Dr. Nevenka Bogojevic-Gluscevic, Professor of Law, University of Montenegro

Dependent Peasants in the District of Kotor in the 14th Century

 

11. Ardian Emini, Senior Lecturer Dr. Berat Aqifi, Associate Professor of Law, University of Gjilan

Detrina Alishani, PhD Candidate

Marriage according to the Justinian Code and the Kanun of Lekë Dukagjin

 

12. Ionela Cuciureanu, PhD candidate University Babes Bolyai, Research assistant University Nicolae Titulescu

 

Humanitas impacting ius - the curious case of Justinian's digest. A lecture between the lines of history

 

13.  Milica Vuckovic, Teaching Assistant of Law, University of Nis

Proprietas et Humanitas

 

14. Timco Mucunski, LL.M., Research and Teaching Assistant,

University of Ss. Cyril and Methodius

The Rise and Fall of the "Roman Corporation" Societas Publicanorum In the Context of Contemporary Corporate Law

 

15. Petar Radonjickic, LL.M., University of Ss. Cyril and Methodius

The Contribution of Laesio enormis to IUS & Humanitas and its reception in

Macedonian Law

 

16. Emrah Mihtaroski, LL.M., University of Ss. Cyril and Methodius

Corporate Rome in Law: Did it Exist?

 

Panel B Public Law

                             

Chair: Dr. Mirjana Polenak-Akimovska, Full-time Professor of Roman Law, University of Ss. Cyril and Methodius

 

1. Dr. Paulina Święcicka, Professor of Roman Law, Jagiellonian University

Some Remarks on the Roman Idea of humanitas and Contemporary Concept of the State of Law 

 

2. Ivana Jramaz Reskusic, Full-time Professor of Law, University of Zagreb

Roman Republic Election Campagne between ius and humanitas

 

3. Dr. Aleksandar Klimovski, Full-time Professor of Law, University of Ss. Cyril and Methodius

The Historic Development of Gambling Law from Roman to Contemporary Regulation

 

4.  Dr. Andrea Trisciuoglio, Professor of Law, University of Torino

Humanitas and care for human needs in the Theodosian Code

 

5. Dr. Vanessa Ponte, Professor of Law, University of Cordoba
The Roman Experience in the Conciliation Between Ius and Humanitas

 

6. Dr. Zdravka Krasteva, Assistant Professor of Law, University St. Kliment Ohridski

The ECtHR's Reasoning in the Case of Bouyid v Belgium and its Roots in the Roman and Judeo-Christian Traditions

 

7. Dr. Cristina Pop, Assistant, University of Cluj-Napoca

Humanitas in Emperor Uxorius' Legislation

              

8. Dr. Jovan Andonovski, Assistant Professor of Law, University Goce Delchev

Comparative Analysis of the Roman and Contemporary Judicial Rhetoric

 

9. Methody Todorov, University St. Kliment Ohridski

La nozione di cogitatio nelle costituzioni imperiali delle de codici (294-530 AD)

 

10. Dr. Petrut-George Bran, Sapienza University of Rome

La definizione della libertà umana di Fiorentino. Ius come parte della libertas Florentinus' definition of human freedom. Ius as part of libertas

 

11. Dr. Samir Aličić, Associate Professor of Law, University of East Sarajev

Res humana et naturale in D. 9.2.27.9 = Coll. 12.7.7

 

12. Stoyan Ivanov, University St. Kliment Ohridski

Immunities and privileges of collegia and corpora for public utility according to Callistratus 1 „De cognitionibus" D.50.6.6.1

 

13. Dr. Ivanka D. Vasilevska, Associate Professor of Legal History,

University of Ss. Cyril and Methodius    
The Church and the State in the Byzantine Empire:

the Holy and the Profane within Society

 

19.00     Dinner in Restaurant Stara Gradska Kuka

 

 

Saturday

27 October 2018

 

08.00     Breakfast

 

10.00                   Departure of the Participants to the Archeological Site "Stobi"

 

16.00                   Wine tasting at Winery "Bovin"

 

All papers presented at the conference will be published in the journal IUS ROMANUM , issue 2 for 2018. It is therefore necessary to send the text of the report or article in accordance with the requirements for publishing by 10 November 2018 at the latest, which are attached to the calendar of the journal for 2019 and also on the journal's website on http://iusromanum.eu/journal/publication-requirements;jsessionid=87375654420D6CE58B8A51808823D092. The articles must be sent in the form of an e-mail attachment to the journal's official e-mail address: ius.romanum@abv.bg. The  articles will be published after referral and technical processing.