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EUR-Lex — Access to European Union law — choose …
European legal tradition; traditional Russian legal culture; Russian science of civil law; legal education; legal consciousness; sale and purchase contracts.
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.
European Union EU Law Coursework & Essays
The process of codification of Hungarian civil law is finally finished - the new Civil code was enacted on 26th, February 2013 and will come into force on 15th, March 2014. Already during the preparatory works on the draft of the Civil Code, the Hungarian authors had different standpoints whether labour contract should be incorporated into the part of the Code pertaining to the specific types of contracts or not. Eventually, it was not incorporated into the Code, with the reasoning that the Labour Code, adopted before the enactment of the new Civil Code, should govern both the general and specific issues relating to labour contract, just as the collective agreements, in order to warrant the „unity“ of labour relation, which comes into existence by formation of a labour contract. The critics of this so-called unitary approach claim, whose standpoints supports the author of this paper as well, that labour contract, at least in its basics, has civil law nature, hence it does not belong to the scope of the public law dimension of labour law. Labour contract should be governed in general in the new Hungarian Civil Code, since such standpoint is adopted in the majority of classical European civil codes, such as the German BGB, the French Code civil and Austrian ABGB.
The most important aspect of the article is to indicate to what extant uniform legislation could be a factor of territorial and social integration. This issue has been examined through the prism of the process of creation of the Polish Criminal Code of 1932. The paper indicates the attitude of the Polish elites to the problem of unification and codification of legal system at the threshold of the independence of the Second Polish Republic. The article posed a question if the way in which Polish Criminal Code was being prepared can serve as a profitable experience for those who are responsible for the creation of law nowadays, especially on the European level.
EU LAW | Legal Essays and Reflections
This study deals with the dogmatic issues related to the origin and basic economic purpose of the ancient Roman hereditary building lease. It introduces the development of superficies, the process of having a contractual basis then gradually becoming a legal institution belonging to the right in rem during the history of Roman law. The analysis breaks with the thesis drawing a parallel between superficies and hereditary lease (emphyteusis), which has been prevailing in literature for a long time. In order to determine the exact content of hereditary building lease first of all it tries to give a clear picture of the causas establishing superficies by the thorough analysis of the relevant primary legal sources. Regarding the point of this legal institution, the study determines it as the superficiarius’s constant and – at least from the late classical period – transferable and inheritable right of building use, which was not bound to a certain person.
The states on Balkan peninsula received Roman law through the mediation of the Byzantine Empire. The reception of the Byzantine law-books was made easier in the Balkan states by the fact that substantive law was not separated from the law of procedure. Private law was dealt with in conjunction with financial, criminal, and canon law. During the first Bulgarian Empire the principal source of knowledge of Roman law was the albeit the influence of Byzantine law still prevailed. In 1867 a code entitled was introduced in the territory of present-day Bulgaria. Its goal was to harmonize Islamic law with European law, especially with the French Code civil. After gaining independence a code of the law of obligations was promulgated in 1892 and another one pertaining to the law of things in 1904. Their primary model was the Italian and to a lesser degree the Spanish . The traditions of Roman law they relied on are still there in the more recent and similar codes of 1950 and 1951. The influence of the German Pandectist School can also be seen in the legal science in Bulgaria.
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