Krakowskie Studia z Historii Państwa i Prawa最新文献_第5页

Between Democracy and Ochlocracy in the Context of the Centuries-Old Dispute about the Perfect Form of Government: The Legal Heritage of the Antiquity in View of the Challenges of Modernity 在民主与专制政体之间——关于完美政府形式的几个世纪之争:现代性挑战下的古代法律遗产

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-09-29 DOI: 10.4467/20844131ks.22.024.16172

Paweł Wiązek

{"title":"Between Democracy and Ochlocracy in the Context of the Centuries-Old Dispute about the Perfect Form of Government: The Legal Heritage of the Antiquity in View of the Challenges of Modernity","authors":"Paweł Wiązek","doi":"10.4467/20844131ks.22.024.16172","DOIUrl":"https://doi.org/10.4467/20844131ks.22.024.16172","url":null,"abstract":"The author endeavored to enliven the universal discourse on the perfect system of government applicable to human society, which to many luminaries constitutes a certain paradigm of the science on the state and the law. While adopting a classical, chronological convention of the narrative herein commenced, the author made the time of Antiquity the point of departure, selected the Enlightenment as a form of a modern counterpoint thereto, and then finalized the deliberations carried out here against the reality of contemporary times. The intent of the exploration here was to place the research subject within the interdisciplinary framework, which was undoubtedly supported by the multifaceted nature of the problem at issue and by subsidiary utilization of the advantages of the comparative approach. The intention to present the issue through a broad perspective, transcending the boundaries of academic discourse, was naturally convergent therewith. As a result, the author did not shy from controversy, seeking the purpose of the actions undertaken, thereby in the formation of conclusions on what the applicable law should be. That allowed for the presentation of numerous remarks, assessments, and opinions, among which at least some may be deemed disputatious or plainly speaking, highly debatable. The investigator did not attempt to evade those; on the contrary – sought it in complete premeditation.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129070636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Practice of Supervisory Rights in Hungarian Cartel Law with Special Attention to the Duties of the Minister and the Legal Director 匈牙利卡特尔法中监督权的实践——特别关注部长和法律主管的职责

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-09-29 DOI: 10.4467/20844131ks.22.027.16175

Norbert Varga

{"title":"The Practice of Supervisory Rights in Hungarian Cartel Law with Special Attention to the Duties of the Minister and the Legal Director","authors":"Norbert Varga","doi":"10.4467/20844131ks.22.027.16175","DOIUrl":"https://doi.org/10.4467/20844131ks.22.027.16175","url":null,"abstract":"Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117322985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Chronicle of Scholarly Events in Legal History Held in the Slovak Republic and the Czech Republic in 2021 2021年在斯洛伐克共和国和捷克共和国举办的法律史学术事件纪事

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-09-29 DOI: 10.4467/20844131ks.22.032.16180

A. Švecová, Ingrid Lanczová

引用次数: 0

Jury Courts in Interwar Poland 两次世界大战期间波兰的陪审团法庭

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.019.15722

Jakob Maziarz

引用次数: 0

Changes in the Hungarian Insolvency Law in the Interwar Period 两次世界大战期间匈牙利破产法的变化

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.016.15719

M. Pétervári

引用次数: 1

Adoption (Successful Unification of Adoption Law in Interwar Czechoslovakia) 收养(两次世界大战期间捷克斯洛伐克收养法的成功统一)

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.022.15725

Miriam Laclavíková, Michal Tomin

{"title":"Adoption (Successful Unification of Adoption Law in Interwar Czechoslovakia)","authors":"Miriam Laclavíková, Michal Tomin","doi":"10.4467/20844131ks.22.022.15725","DOIUrl":"https://doi.org/10.4467/20844131ks.22.022.15725","url":null,"abstract":"The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132672876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Changes in the Right of Novelty in Hungarian Civil Procedure in the Interwar Period 两次世界大战期间匈牙利民事诉讼新颖性权利的变迁

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.017.15720

Kristóf Szivós

引用次数: 0

Slovak Share in the Unification and Codification Efforts in Interwar Czechoslovakia 斯洛伐克在两次世界大战期间捷克斯洛伐克的统一和编纂工作中的份额

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.021.15724

Tomáš Gábriš

{"title":"Slovak Share in the Unification and Codification Efforts in Interwar Czechoslovakia","authors":"Tomáš Gábriš","doi":"10.4467/20844131ks.22.021.15724","DOIUrl":"https://doi.org/10.4467/20844131ks.22.021.15724","url":null,"abstract":"The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134321949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Liability for Non-material Damage in Hungarian Law in the 19th–20th Centuries in Comparison with Austrian and Polish Codifications 19 - 20世纪匈牙利法律中的非物质损害责任:与奥地利和波兰法典的比较

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.020.15723

Krzysztof Bokwa

引用次数: 0

Actio de in rem verso. An Unwanted Continuity. The Doctrine of versio in rem in the Austrian Civil Code and Interwar Legal Discussion in Czechoslovakia 反方行动。不必要的连续性。奥地利民法典中的对物解释原则与捷克斯洛伐克两次世界大战之间的法律讨论

Krakowskie Studia z Historii Państwa i Prawa Pub Date : 2022-06-30 DOI: 10.4467/20844131ks.22.014.15717

Petr Dostalík

引用次数: 1