Students Ist-IIIrd year

"ROMAN LEGAL ASPECTS OF THE PRESUMPTION OF PATERNITY"

Proving the fact of paternity has always been a problem of legal thinking. In ancient times the lack of clarity was overcome by attaching mystical significance to proving. Later the rational means of proof were established, part of which was the presumption of paternity. Even though Roman law was not familiar with the terminology of contemporary legal theory, it also used human and legal presumptions. A rebuttable and an irrebuttable presumption of paternity are known to have been in place. The article explores the evidence of proving the presumption and underlines its significance to Roman society. A view is shared that the establishment of the presumption was a product of policy. Lastly, the theories of the limited power of the presumption in Roman law are considered in the context of paternal power.

Keywords: presumption, fatherhood, roman law, irrebuttable, rebuttable

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RECEPTION OF ROMAN LAW IN THE ROMANIAN LEGAL SYSTEM – THE CONTRACT OF SALE"

I will try to illustrate the rich influence of Roman law on Romanian modern legislation by analysing the contract of sale, as well as aspects regarding the transfer of property by delivery (traditio).

I will begin with an overview of the researches on the reception of Roman law in the Romanian legal system, followed by a short historical view over the Romanian civil law codifications. I will follow the evolution of this legal institution beginning with the Roman law, continuing with the old Romanian law, then with the Civil Code of Alexandru Ioan, until the present day, when it is regulated by the New Civil Code. I will emphasize the elements of the sale contract, analyzing comparatively the regulations which succeeded in time in Romania. I will also concentrate on delivery as a mode of acquiring property, searching for applications of this legal institution in the Romanian modern civil legislation.

I will use as main sources: the Digest (Dig.) , the Codex (Cod.)   and the Institutes (Inst.)  of Justinian, as well as  the Calimach Code , the Romanian Civil Code of 1864   and the Romanian Civil Code of 2009 , while trying to go beyond a simple literal translation so that to preserve the real meaning of the Romanian legal terms and avoid confusions.

Keywords: Reception of Roman law, Calimach Code, Romanian Civil Code of 1864, Romanian Civil Code, contract of sale, emptio-venditio, traditio symbolica, land register

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"SOME PROBLEMS OF ROMAN MILITARY CRIMINAL LAW. GROUP PUNISHMENTS IN ROMAN ARMY. DECIMATIO"

The article presented is aimed at providing a view upon some previously unanalyzed within Bulgarian legal doctrine aspects of Roman public law and more precisely Roman military law and Roman military penal law from the period of the Republic and the Principate. The foundation point of the topic is the analysis of the generals' imperium militiae (militae), which allowed them to exercise complete and unrestricted authority upon their subordinate armies. Moreover, the article attempts to explain the distinction between individual and collective army punishments in a way that is satisfactory both from a legal and from a logical point of view. Such a distinction could prove to be of doctrinal use when analyzing certain particular aspects of Roman military penal law. The main focus of the article is dedicated to what is perhaps the primary – and according to some researchers the only – collective military punishment – the decimation. Based on both ancient sources and works of modern-day authors, the article attempts to provide a rather thorough analysis of the decimation – both from a legal, historical and sociological perspective.

Keywords: decimation, army, punishment, imperium, general, military penal, collective

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"RECEPTION AND MEANING OF ROMAN LAW FOR MODERN LEGAL CULTURE"

Despite being nowadays deprived of its practical meaning, roman law has benefited tremendously and surely simplified our understanding of the current juristical processes and constructions. From supplying us with thorough definitions of legal terms to filling in the gaps in the international law, roman law now stands as a symbol of the great achievements this ancient civilizations has reached.

The Byzantium empire and the German conquerors were the direct ancestors of this genius system. But today we connect its  actual resurrection with the university of Bologna which attracted scientists from all over the world filling them with enthusiasm and curiosity about the life and work of ancient jurists. They became the "ambassadors" of   the roman law and introduced it to France, Germany and the other civilized countries at the time, actually becoming the reason of the existence of their current civil codes.

Roman law is the reason why today we can recognize so many institutes of the law of obligations, property law and inheritance law. In addition, it represents the terminology base of the contemporary man of law. Absorbing the blows of the time and reaching modern days not only as a university subject but also as an inspiration for the law academies around the globe, roman law has proven its invincible nature and original character.

Keywords: Roman law, reception, university of Bologna, French Code Civil, German BGB, roman law terms and institutes in contemporary law

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"EVOLUTION OF ROMAN STATE AND LAW. FUNDAMENTAL STAGES OF DEVELOPMENT"

This article presents a historic analysis of the basic moments of the development of the Roman state and law. In the research are described the key moments of the Roman evolution and are represented the main stages of development as the importance is that there is no coincidence between the history and the law because the law is changing more difficult than the organization  of the state. The state is considered as a hegemon in legal and political meaning as it poses its power over few continents. The division of the Empire of eastern and western part is one of the reasons of its declination. In the eastern part is made the codification of the Roman law. The codification includes the best labors of the lawyers from the Classical period.  

 

Key words: state, law, Empire, Republic, Principate, Dominate, Digest, Justinian

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Students 3rd - 5th year

"EFFECT OF TIME COURSE ON ROMAN FISCAL SYSTEM"

The concept of law validity implies two elements : space and time. In consequence of the changeable State needs, Roman history is characterized by the constant adoption of a great variety of models and kinds of taxation, as well as by the material alteration of financial administration, from the tripartition of the tribus, to the traditional dichotomy (in time reduced and liable to change) between aerarium populi romani and fiscus.

The main goal of this research is to analyze the effect of time course on the Roman fiscal system, considering the evolution – ‘parallel' or not, ‘continuous' or ‘discontinuous' – from that system to the Roman constitutional and public system as a hole.

Keywords: tributum, Roman tax system, long-term effectiveness, Roman tax, Roman tax measures, Leges Sumptuariae, Tax Authority, forms of taxation, Aerarium Saturni, fisci, Aerarium Populi Romani, Fiscus Caesaris.

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"LEGAL REMEDIES IN CRIMINAL PROCEEDINGS IN ROMAN AND MODERN LAW"

The basic idea in this labor is observing the evolutionary development of the right to appeal, as one of the fundamental rights of the parties in the criminal procedure back in Roman law. In that purpose, using both chronological and comparative analysis, more detailed are studied the institutes provocatio and appellatio through certain periods of development of the Roman state, in order to understand that the legal remedies appeared to protect human rights in criminal proceedings and to achieve fairness and impartiality and enable delivering an objective judgment. The institute of appeal today has grown into one of the internationally recognized standards, as well as the constitutional principles, whose roots date all the way back to Roman law.

Keywords: the right to appeal, provocatio, appellatio, criminal procedure, legal remedies, Roman public law, contemporary law, human rights

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"COMPARISON AND RULES FOR GAMES OF CHANCE IN LEX ALEARIA AND IN MODERN MACEDONIAN AND BULGARIAN LAW"

Alea - in the legal terminology indicates any game of chance (not just playing dice). Requests that originated from such games were not actionable. The reason for such regulation of games of chance is derived from the understanding that Alea (gambling) was an act of dishonesty for Roman citizens, nevertheless, the Romans were obsessed with these types of games of chance, according to many sources of Roman historiography.

The upper classes of Roman society were also not immune to the overall passion for gambling. According to William Smith many of the early emperors like Augustus, Caligula, Claudius, Domitian and Vitellius   accepted gambling and set bad example for citizens in relation to this matter.

Contrary to the Roman sample, modern states regulate affirmative this matter. By betting on game of chance, state earns extra money (through licensing and taxation of profits) and the state has more benefit if more companies are engaged in this activity.

Bulgarian and Macedonian law provide good examples of how a state can, in a modern way, regulate these rules in accordance with European regulations concerning the law of games of chance.

Keywords: Roman Law, Lex Alearia, Game of Chance, Alea, Justinian, Macedonian law, Bulgarian law,

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"INTERNATIONAL LAW AND MILITARY CONFLICTS. THE CONCEPT OF IUS BELLUM AND ITS SIGNIFICANCE"

The international law has a specific role in the international relations. While conducting the national foreign policy the states face problem thatemerge as a result of the interactions between the subjects on the international stage. A regulator of these interstate relations is international law. When there are disagreements between states in the international relations it could emerge an armed action or a war, that always has a just and reasonable motive.To the Romans we owe the idea of the "just" war which has for centures characterised and influenced the thinking of the Western civilization about the practice of war.The idea evolved and is here with us today.Because of the inflexibility of Chapter VII of the United Nations Charter certain states no longer seek to justify their uses of force in terms of international law. Those states look only to a political justification or assert a doctrine of teh supremacy of national law that is not subject to international law.This is a dangerous trend that threaths to destroy the world order that we know that is built on law bases.

The Roman Empire had an absolutist idea of diplomacy: best relations are maintained if the Roman Empire controls the land. For this reason, their contribution is more towards the legal aspect of diplomacy and the management of archives. Romans stressed the importance of adhering to agreements and treaties, and produced great administrators instead of negotiators. As Rome expanded it often negotiated with representatives of conquered areas, to which it granted partial self-government by way of treaties.

In this article we will discuss the concept of bellum justum and how it enters and influences the concept of war and agression, described in the United Nations Charter and defined by international law.

Keywords: international public law, international roman law, colleguim feziale, UN Security Council, conflicts, war, enemy, bellum iustum, legal mexhanisms and sanctions;

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Assistant Professors and PhD students

"PROTOTYPE OF INSURANCE PRACTICES IN ROME ACCORDING TO THE DIGEST OF JUSTINIAN"

The article presented is an attempt for summary and a critical analysis of the opinions on the question of the prototype of the insurance practices in Rome. The accent of the research is made on the constitutive elements of the insurance contract – the risk, its responsibility and the insurance compensation as it is searched their functional equivalent in many textual fragments of the Digest, dedicated on the transfer of the risk by contract. Their consecutive interpretation reveals the presence of a particular ad hoc insurance clause, admissible in some contracts. The cursory review of some periods of the Roman history shows, that the idea about the risk as a phenomenon with particular economic and legal importance was known and before the composition of the Digest.

 

Key words: insurance practice, insurance contract, risk, alea, Digest;

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"REPUBLICAN LAWFULNESS AND EXTRAORDINARY POWER: REFLECTIONS UPON MACHIAVELLI'S CONCEPT OF ROMAN DICTATORSHIP"

This article discusses the analysis that Nicholas Machiavelli is entitled to the dictatorial mastership of the times of the Roman Republic in Ch.. XXXIV. of  the "Discourses on the First Decade of Titus Livius". The characteristics of the Roman dictatorship are outlined as part of the state mechanism of an ideal republic with a legally regulated system of limited powers exercised for the common benefit by active citizens possessing republican virtues.

Keywords: dictatorship in Ancient Rome, Machiavelli, Carl Schmitt, state of emergency, republicanism.

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"ROMAN LAW AND MODERN PROTECTION OF CONSUMERS IN CASE OF DEFECTIVE GOODS"

Тhis article poses the question whether the responsibility for defective products is a "product" itself of the consumer law which was born in the second half of the passed century or there are deeper roots. Moreover is it reasonable to be stated that similar trader-consumer relations and their regulation existed in Ancient Rome or even earlier. In my opinion history could always teach us something and I try to answer these questions even though I am aware that Roman law rather aims restoring the equivalance in the relationship than reparation of damages which the defective goods could cause.

Keywords: product liability, roman markets, edict of the aediles; defective slaves, deceases, disabilities, strict liability, actio empty, relations consumer - merchant;

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