TABLE OF CONTENTS

Diemut Majer: Peter Saladin (1935–1997)
Peter Saladin (1935–1997) is one of the outstanding scientists in the field of public law at the end of the 20th century. As a professor for constitutional and ecclesiastical law in Bern (Switzerland), he founded a new understanding of the individual rights. Up to the 1970th they were considered having only a programmatic function (without obligation of the state). Saladin required that the legislation be bound by these rights and obliged to realize them through appropriate laws.
The second field of Saladins activities was the protection of the environment, for which he engaged since the 1980th. He required independent rights for “the nature” (animals) and created the declaration for the rights of the future generations (analogue to the declaration of rights of the French Revolution 1789), which is up to our days a main – or the main task for the state and the individual. Saladin is one of the pioneers in the environmental protection for which he dedicated his whole life. In the present dissipated views of scientists in very specialist fields, he kept the overlook over the whole system of the environmental problem. This pioneer should serve as a guiding figure for the younger generations in all countries.

Christoph Schmetterer: Der strafrechtliche Schutz von Kaiser und Kaiserhaus in Österreich von 1848–1918
In 1848 censorship was abolished in Austria. Due to the new freedom of the press it became possible to insult the emperor in the press. Thus the criminal law had to be adapted to the new situation. Three press acts were enacted in 1848/49 including new rules on lese-majesty. In 1852 the criminal code of 1803 was reformed. The reform changed the crimes of high treason and lese-majesty and introduced a new crime: insulting the Imperial family. This article analyses these crimes in detail.

Astrid Lorenz: Parties and Rules. Constitution-making in the East German Länder after 1990
The article investigates how the varying party constellation in the founding parliament influenced constitution-making in the East German federal states after 1990. All other context conditions of constitution-making were almost identical. The study observes that weak governing parties accepted the opposition’s wish for an early legal obligation to adopt the constitution by a qualified majority because they needed political support. However, they tended to re-interpret or circumvent the provisions in face of stalemates. Stronger governing parties avoided constitution-making rules but involved other parties to increase legitimation at a low cost. Opposition parties accepted governments’ offers and withdrew some procedure-related demands in exchange for substantive gains, e.g. constitutionally entrenched social rights. In sum, the party constellation in parliament determined the formal procedure of constitution-making and deviances from it.

Andrew Watson: Victorian Jury Court Advocacy and Signs of Fundamental Change
Over the last three centuries advocacy in the courts of England and Wales, and other common law countries, has been far from static. In the second half of the 19th century, roughly until the beginning years of the 1880’s, the foremost style of advocacy before juries in English criminal and civil cases was melodramatic, declamatory and lachrymose Aggressive and intimidating cross-examination of witnesses took place, sometimes, unless restrained by judges, descending into bullying. Questions asked often had more to do with a blunderbuss than with a precise forensic weapon. Closing speeches were frequently long and repetitious. Appeals to emotion, and prejudice, usually reaching their peak in the peroration, were often greater than those to reason. The Diety and the Bible were regularly invoked. Vivid and floral language was employed and poetry liberally put to use to awaken generous sympathies. Examples of this style of advocacy, parodied amongst others by Gilbert and Sullivan's in their Trial by jury – a short comic operetta, first staged in 1875, about a trial of an action in the Court of Exchequer for breach of promise to marry, are presented.

Patrizia Resta: The Revenge of Soghomon Tehlirian
One of the cases that emerges from the many pages of the Armenian genocide is the case of Soghomon Tehlirian who, on 15 March 1921, in Berlin, killed Talaat Pasha, the Turkish Prime Minister who was considered responsible of it. Tehlirian during the trial declared that he was guilty affirming that he acted in order to revenge his spilt-blood and he was acquitted. The analysis of this case of legal ethnography, through data and transcriptions, will focus on the judicial ability expressed by retaliative paradigm as a basic element of the jury’s choice, focusing on some aspects of the decision that the literature on revenge can help better understand.

Javier Belda Iniesta: The Pleasure of Privacy: Confession and Inquisition as Means to Cause the Correction of Sinful Consciences around the IV Lateran Council
The passage of the public penance to private penance was the loss of the public character of the punishment, but also that the Church lost the control of behavior, because its repression would depend now only of the personal need for forgiveness of each faithful. In addition, under these new circumstances, heterodox forms of profess religion, heresies, which infected the population, and it was linked to the fact that many sexual behavior contrary to Catholic morality extend arise among the population, which already should not purge their sins in public. This situation pushed the Church to face a new situation: to cause voluntary contrition of the penitent. The IV Lateran Council faces the problem from four aspects: 1. the annual obligation to the confession and that this is done with the “proprio sacerdote”, to ensure that the Confessor knows the circumstances of the sinner, 2. The canonical regulation of marriage, in order to exclude attitudes contrary to morality; 3. The creation of chairs of theology, to train priests and these to the faithful, through the preaching; 4. The establishment of the inquisitorial courts, which will be the punishment for those who do not accept the contrition and the amendment of its life. Our work is focused on this need of cause the voluntary contrition, and the means employed to achieve this. We study the similar evolution of the sacrament of penance and the inquisitorial process, which together with the preaching, involves the exercise of the triple ecclesial Ministry: munus regendi and munus docendi, munus santificandi.

Rudransh Sharma: History of Legal Profession in India
The Legal Profession is an important limb of the machinery for administration of justice. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favour or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. “A well-organized system of judicial administration postulates a properly equipped and efficient Bar.” It is, therefore, in the fitness of things to take note briefly of the development of the legal profession in India.

János Jusztinger: Dogmatics of Criminal Law and the Roman Jurisprudence
In contrast with Roman private law, criminal legal regulations – instead of cases – are normative rules principally that have demanded jurisprudential interpretation much less. Still, in the sources of ancient Roman law we can already find several basic concepts that show surprising similarities with the modern criminal doctrine. Although we can see an absence of abstract definitions serving for the notation of legal cases, the intention to demonstrate the criminal legal mentality of antique jurists – by using these fragments as casuistic illustrations in our study – cannot be regarded as it is for its own sake. What is more, by the abstraction of their observations and the comparison with basic concepts of modern dogmatics of criminal law we can get to such general theoretical conclusions that can help to reveal the “general part” of Roman criminal law expansively and systematically.

József Benke: The Remembrance of ‘Praetor Paulus’ in Mid-Tudor England
This contribution continues a previous investigation concerning parallelisms between Anti-Fraud Creditor Protection Laws (AFCPL) and their socio-economic background lying usually in crises phenomena in different ages and legal regimes. Debtors’ massive liquidity crisis in late Roman Republic and 21st century Hungarian ‘post-Lehman’ crisis of household debtors of mortgage home loans are as similar to each other as the morals of the prolific ancient casuistics based upon a general-clause-like ruling upon actio Pauliana are useful to consider for new shrewd non-contractual fraudulent misconducts committed in Hungary. This paper complements these analogous objects with the instance of 16th century England, the ‘Mid-Tudor’ era of which was also proved to be an example of the analyzed correlation between AFCPL and its critical socio-economic setting. The essay offers three evidences for proving that Mid-Tudor England and Fraudulent Conveyances Act (FCA) also suit to the comparison: the one is the history of legislation of England’s AFCPL, the second is the FCA’s way of formation and the third proof lies in the results of English historiography on the Mid-Tudor era.

Csaba Cservák: Development Span of the Hungarian Governmental Forms (in an International Comparison)
The essay compares first the two major historical governmental forms: the monarchy and republic by describing it's main characteristics. Following that it shows, how has that evolved in Hungary from one to another, by highlighting its peculiarity, with special attention to the interim eras of the lack of the permanent head of the state. The next main topic revolves around the powers and the constitutional position of the president following the regime change and the general reform of the Stalinist Constitution from 1989 up until the new Foundation Act (Alaptörvény) came into force in 2012. Thorough description is given about the relevant changes brought by the new Foundation Act regarding the scope of authority and attempts to make a comparison it's exceptional powers to another presidential powers, with special attention to the Central and Eastern European ones.

Ibolya Katalin Koncz: Divorce and Undeserving of Permanent Alimony according to the Practices of the Hungarian Royal Curia
In the following section of this study, an answer will be sought to the question whether there were any court practices according to which, although the court approved the wife’s claim for permanent alimony, the husband could be exempted from this liability.
Regarding material issues and according to the resolutions of the Curia, there were three of such conditions; the issue of undeserving, the cases the contract concluded between the parties and documented as a notarial deed would be declared to be against public mores, which specifically appeared as a reason for exemption from the liability of alimony; and the unpropertied status of husbands and the respective obligation of parents to pay maintenance, and the respective options for exemptions from this liability. Within the framework of this subject, we will only focus on the issue of undeserving.

Iván Halász: The Development of Czechoslovak, Polish and Hungarian Foreign Affairs Administration between the Two World Wars (1918 – 1939)
After the short intruduction to the history of Austro-Hungarian foreign affairs administration the paper focuses on the administrative development of the the Central European countries in the period between the two world wars. The Czechoslovak and Polish foreign affairs administration has formed dominantly on the basis of poliitical emigration and diaspora communities during the first world war. The Hungarian ministry of foreign affairs was established directly after the end of this war in december 1918, but the often changing governments reorganised this organ many times in unquiet 1919. The paper deals not only with the central level of foreign administration, but with the structure of the diplomatic and consular missions abroad too. Czechoslovakia and Poland had very good structure of the missions, because they were very active on the field of international relations in this time. These countries played important role inside the League of Nations too. The Post-Trianon Hungary needed the effective apparates too, but the foreign affairs administration was not very popular this time inside the country and its political life. Hungary was very active on the field of cultural diplomacy.

Dávid Klemm: An Attempt to Establish the European Army: The Pleven Plan
In the 1950’s the European integration took a step towards a European army, such a remarkable step, that since then no one came so close as they did. With the Treaty Constituting the European Defence Community in 1952 a supranational common European army almost came into existence. Ahead of its time, the Pleven Plan offered the integration on the military side too soon after World War II. To create a strong foreign policy for the united Europe, it would have needed an army too.
The main cause that led to the EDC was the unsettled status of West Germany, the need to resettle it to the European setting, also on the military side, leading to its rearmament. The fear of the German aggression led France to seek the lesser evil and not rearm West Germany, but create a European military organisation and gain common control over any troops of West Germany. Fascinating thing is that France, the creator of the idea of the EDC was also who brought its downfall.

Przemysław Dąbrowski: The Structure and Powers of the Councils of State in the Kingdom of Poland between 1815 and 1867
Before 1807 in the Polish constitutional system there was no such institution as the Council of State. This year marks the establishment of both the first Council of State and the Duchy of Warsaw. The treaties stipulated that the Council of State (Conseil d'Etat) of the Duchy of Warsaw was a permanent institution performing an ancillary function to a king. During the existence of the Kingdom of Poland were three Council of State. Their competencies are changed.

Maria Lewandowicz: On the Universalist Heritage in the Codification of Private Law in Poland and Switzerland in the 19th and 20th Century
The objective of this article is to attempt an explanation of the phenomenon which consisted in that in XIX and XX century Switzerland and Poland, whose existing body of legislation prior to the commencement of codification works was similar, took a significantly discrepant direction of developing their legal cultures. What was the reason for Switzerland, which remained in the sphere of influence of French, and Austrian law, to seek natively Swiss sources of law in the process of legal unification, while Poland, shortly after regaining independence, leaned heavily on norms drawn straight out of the civil codes of Germany, Austria and France and chose to avail itself of the old Polish law only to a very limited extent?
With the use of descriptive and comparative legal method I argue, that despite the obvious differences in the selection of sources, both Poland and Switzerland codified their private law in the universalist spirit. Differences in the national culture and circumstances preceding the codification works did not impede supporting both codifications on pillars of shared principles of private law.

Lenka Šmídová Malárová: „Causa legittimae absentiae“ in Legal Praxis of the Medieval Town Law in Moravia
Municipal books Liber negotiorum civitatis Hradisch and Liber informationum et sententiarum include a large amount of case law, which Moravian royal town Uherské Hradiště received from Brno in Middle Ages. Some of these cases were decided in accordance with the Roman law principle that did not allow to give the default judgement in the event that a party, which did not come to the court, correctly apologized for his or her absence. Town law of Brno was based on Roman law and it also applies to the case of causa absentia. The analysis of the relevant case law partly shows that Roman law procedural rules concerning the consequences of absence in the court were applied also in Brno and Uherské Hradiště legal practice.

František Emmert: The Expansion of so-called Reich Citizenship in the Czech Territories during the War Years and its Post-war Consequences
The gradual Nazi German occupation of the territories of pre-war Czechoslovakia, during the years of 1938 to 1945, resulted in an extraordinarily broad institution of German citizenship in the Czech lands. Approximately 3,500,000 pre-war Czechoslovakian citizens, mainly ethnic Germans, attained German citizenship. During the period of occupation the guiding legal provisions for attainment was based on Nazi ideology. As such, ethnic Germans, who were citizens of Czechoslovakia, became citizens of the Third Reich. Initially, the declaration of this new citizenship by those affected was a marked privilege.

Johan Schweigl: The Fundamental Events within the Development of Central Banking in the Czech Lands
The author has outlined the core events that occurred in the development of central banking in the territory of today’s Czech Republic. Showing the foundations of central banking in the Austrian empire, the author followed to t many important legislative measures concerning central banking in Czechoslovakia, Protectorate Bohemia and Moravia, the communist era and the relatively recent regulation of central banking in the Czech Republic. Aside from underlining the core legislation regulating this area, the author tried to set the respective regulation into broader historical context.

Miriam Laclavíková, Andrea Olšovská: Besondere Arbeitsbedingungen von Frauen im Hinblick auf den Schutz vom Wert der Mutterschaft auf dem Gebiet der Slowakei – Vergangenheit vs. Gegenwart
The study presents historical and legal point of view on the formation of the special legal status of women in the field of labour law and social security law during the 20th century in Slovakia. During this period, special working conditions for women and, in this context, a particular protection of maternity (on grounds of non-discrimination approach, the legislator currently uses the term "parenthood") showed a significant, but (in some respects) cyclic shift. The study refers especially to developing of the scope of maternity leave, protection of job position, arrangement of night work and restrictions and prohibitions of certain works of women, pregnant women and mothers, which are related to the regulations on health and safety at work.

József Szalma: Einfluss der deutschen Willens- und Erklärungstheorie auf europäische zivilrechtliche Kodifikationen und Theorie über die Willensgeschäfte – mit besonderer Berücksichtigung des serbischen Privatrechts
The author analyses the intention theory and expression theory emerged in the German doctrine of civil law in the first, and second half of the 19th century, and their impact on the European doctrine and codifications of civil law. They are most relevant in respect of formation of contract, its legal effect and construction. Special attention is accorded to the differentiation between general and special intention theory. The latter, due the methods and standards it proposes, offers applicable solutions to specific issues even today, such as mistake and deceit, simulation, mental reservation, fiduciary transactions (trust) and contracts, etc. The author puts special emphasis on the impact of the German intention theory and expression theory on the Serbian doctrine of civil law and legislation.

Dunja Pastović: “Defect of Sex”: Exclusion of Women from Jury Service in Istria 1873–1918
Upon adopting the institution of jury from English Common Law, European continental legislation also took the view according to which jury service was reserved exclusively for men. The exclusion of women from jury service was also adopted by the Austrian legislator who explicitly prescribed male sex among the prerequisites for performing jury service. Legal theorists did not offer any explanation for such a decision. Only with the expressing of demands for the introduction of jury service for women at the beginning of the twentieth century did the opponents of these demands start to express arguments against the idea of female jurors. This paper will give a brief overview of the legal and social status of women in Istria and their potential impact on the ability to perform jury duty. Emphasis will be placed on showing the reasons and opinions (expressed in legal literature, parliamentary debates and the press) why women were considered incapable of performing jury service until the collapse of the Austro-Hungarian Monarchy.

Arijana Kolak Bošnjak: The Flip Side of Freedom. The Attitude towards Pro-Hungarians in Banal Croatia in 1848/49
This study examines the stance of the members and supporters of the Croatian political movement towards their political opponents, pro-Hungarians, in the context of proclaimed and promoted civil and political rights during the revolutionary year 1848/49. The stance of the Croatian public towards pro-Hungarians and the legal provisions implemented against them, which violated these so much advocated and proclaimed freedoms, are described. Finally, the context in which these violations of freedoms occurred and were justified by the supporters of the Croatian political movement is explained.

Engjëll Likmeta: Some Reflections on the Delicts of the First Criminal Code of the Republic of Albania
The Criminal Code of 1928 or Zog’s Criminal Code has been initially published in 1929, about two years after the decree of June the 3d, 1927. The Code entered into force on January 1, 1928, together with the relevant appendixes. With the adoption of the Code, the Albanian state had thus as the main source of the criminal justice its own criminal law, replacing thus once and for all the Turkish Criminal Code of 1858. This was the first Criminal Code of the period of post–independence of Albania. In this paper work will be taken into analysis the 1928 Code and the way offences were qualified, including: offenses against the state security, offenses against freedom, offenses against the public administration, offenses against the justice administration, offenses against the public order; offenses against religion; offenses against the public property, offenses against the family order and good habits, offenses against the person, offenses against the property. For weach group of these offenses, will be taken into analysis the objective and subjective side of the offences, as well as the sanctiones provided by the code. This paper aims to show that the Criminal Code of 1928 was a positive effort to bring the Western experience of the time in our country, in the legal field, which back then was still under the dictate of the Ottoman laws.

Marina A. Baratova: The Evolution of Russian Housing Law during the 20th Century
This article deals with the process of establishing and the evolution of housing law as a branch of the Russian legal system. Different legal positions regarding the nature of housing law are reviewed and analyzed, the stages of development of housing law are proposed, and a conclusion is made as to the place of housing law within the Russian legal system. The formation of housing law in Russia substantially differs from the formation of housing law in the legal systems of other countries. Such distinctions and specificity in the evolution of housing law were predetermined by the historic features of development of the Russian state.
The author of the article identifies three distinctive chronological periods in the formation of housing law in Russia: the first period (The Empyreal Period) ending in 1917, the second period (The Soviet Period) from 1917 to 1991, and the third period from 1991 to present time. Substantiated conclusions are made that housing law in contemporary Russia exists as an independent, complex branch of the Russian legal system, and constitutes a sub-branch of the Russian civil law.

Oleksandr Gavrylenko, Oksana Skryl: Legal Regulation of Civil Contracts in Ancient City-States of the Black Sea Northern Coast
The paper pays attention to the fact that in every society an obligation can perform various functions. But their main area is property turnover, as obligations are among the principal legal measures that mediate trade turnover of any market society. The agreement between parties was considered the basis of contacts. Major contracts were concluded in writing, as a rule. Some of them, such as Chersonese contract for the sale and lease of public lands (60–70-ies. III B.C.) were fixed lapidary. It has been noted that the system of contracts in the antique states of the Northern Black Sea was quite simple. The most common contracts were those of sharing (exchange), sale and purchase, donation. Agreements of individual employment, by contract, hire, and loan were often concluded. In the ancient states of the Northern Black Sea coast, as well as in metropolitan, such debt measures as synhrafs and hirohrafs were widely practiced. In ancient states of the Northern Black Sea there were facts about the cancellation of debt, both private and public. This is the so-called sysahfiya (“shaking off the burden”), which was first made by the prominent Athenian lawgiver Solon. In Olbia, this measure was taken during the siege by Alexander Macedonian army – Zopyrion in 331 B.C. Sources indicate that there was a sufficiently developed system of rules of obligatory law that existed in the ancient states of Northern Black Sea. Contract law became the most detailed study, the foundations of which were common to most Hellenic city-states. Similarly to other Hellenic states, legal regulation of contracts in the ancient states of the Northern Black Sea was carried out primarily through discretionary rules, i.e. those applied only in the absence of any other guidance on the given issue in the agreement. Specific character of contracts was only caused specific historical circumstances evolved in a particular region in the period.

BOOK REVIEWS

Allerlei Rechtsgeschichten – von Hammurabi bis zum Code civil. Ein Blick auf die Schriftenreihe des Rechtshistorischen Museums Karlsruhe

Das ABGB im Spiegel der rechtshistorischen Literatur

Guy Burak: The Second Formation of Islamic Law. The Hanafi School in the Early Modern Ottoman Empire

Wilfried Hartman, Kenneth Pennington: The History of Byzantine and Eastern Canon Law to 1500

Julian Lubini: Die Verwaltungsgerichtbarkeit in den Ländern der SBZ/DDR 1945–1952

Gerhard Strejcek: Erlerntes Recht. Zur Ausbildung von Juristinnen und Juristen an der Wiener Universität 1365–2015

READERS REACT

Gedanken zum „Recht auf die Heimat“