The article is concerned with several turning points in the history of the concept of the legal principle in European law as represented in the treatises of some leading lawyers of ancient Rome, the Middle Ages and the modern age. The main point is that the idea of legal principle did not exist in Roman Law, but it was partly developed in medieval civil law and found its full expression in the treatises of those academicians who advocated the natural law.
As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
Legal argumentation can be approached from various angles and presented differently in history. Yet some issues accompany it on all stages of its development. This paragraph examines the doctrine of argumentation of the Roman-canon ius commune at the formation period of the Western legal tradition. On the basis of primary and secondary sources the author studies the conceptual foundations of legal argumentation (modi arguendi) in ius commune, its doctrinal origins, its main content, as well as its sphere of application, the stages and the trends of development. The focus is on the three components of medieval legal argumentation (i.e. ancient philosophy, Roman law, Christian canons), its features, the logic of invention, kinds of arguments (topoi), their grouping, presenting order, rules of evaluating and conducting discussions. Also the author singles out three periods of development of modi arguendi and highlights its major trends. The significance and relevance of medieval modi arguendi is evaluated in the conclusion.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/