Bratislava Law Review

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Latest documents

• Schmiegelt, Christian: Die historische Entwicklung der Eheverbote wegen Verwandtschaft und Schwägerschaft vom Reichspersonenstandsgesetz bis zum Eheschlieβungsrechtsgesetz (1875 bis 1998) Duncker & Humblot, 2023

  We would like to draw attention to a new German monograph that presents an extensive historical-theoretical probe of the problem of marriage impediment bound to kinship, affines, and sexual communion. Although it deals primarily with the development of German lawmaking since the promulgation of the Law on personal status (Reichspersonenstandsgesetz) from the year 1875 up to present reform opinions de lege ferenda, its theoretical scope could be extremely beneficial for all persons interested in marital law solely considering the comparative aspect

• Vrabko, Marián et al.: Právo v energetike [Law in Energy Sectors] Wolters Kluwer, 2023

  The author aims to review hanbook Law in Energy Sectors, which was recently issued by the publishing house Wolters Kluwer. The book review analyses the major chapters of the newly published handbook and presents certain recommendations for the next edition

• García García, María Jesús (Ed.): Democracia Europea Y Mercado Único: 30 Años Del Tratado De Maastricht - Fondo Editorial Aranzadi, 2024

  The reviewed book “Democracia Europea Y Mercado Único: 30 Años Del Tratado De Maastricht” consist of two parts. The book is an enriching experience for the reader who, in the first part, reads about the impact of the Maastricht Treaty on the strengthening of democracy in the European Union (the EU) and, at the same time, moves into the area of the single market from an environmental and social perspective. The reader will thus explore the impact of the Maastricht Treaty throughout EU law

• Démuth, Andrej - Démuthová, Slávka (Eds.): A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions: An Introduction - Peter Lang, 2023

  A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions" by Andrej Demuth and Slávka Demuthová explores the crucial intersection of aesthetic and moral emotions. Understanding these emotions is vital for grasping human psychology and social behaviour, as they shape personal experiences and influence societal norms and ethics. Scholars like Immanuel Kant and Martha Nussbaum have emphasised the role of aesthetics in moral judgement, highlighting how sensory experiences inform our sense of right and wrong. This book's exploration of the semantics and etymology of terms related to aesthetics and moral emotions enhances our understanding of how language shapes emotional experiences and provides historical insights into evolving perceptions of beauty and disgust. This study has significant implications for legal research, where morality, ethics, and justice are influenced by emotional and aesthetic judgements. By examining these judgements, legal scholars can better understand biases, interpret laws more fairly, and develop frameworks that resonate with the complexities of human psychology, enriching both legal theory and practice

• Report from the ECCL (European Company Case Law) Symposium on Corporate Sustainability Due Diligence - Sustainability and Law (Ghent, 31 May 2024)

  The European Company Case Law (ECCL) Symposium took place on May 31, 2024, at the Faculty of Law, Ghent University in Belgium. The organizing committee consisted of Professor Hans De Wulf (Ghent University), Professor Joti Roest (University of Amsterdam), and Professor Diederik Bruloot (Ghent University). The ECCL comprises a pan-European board of experts representing each EU member state and publishes the ECCL journal, which offers readers a comprehensive overview of laws and legislation in the EU

• Protection and Guarantee of Rights and Legitimate Interests in the History of Law; Milestones of Law in Central Europe (Častá, 22 - 23 March 2024)

  This year, the Faculty of Law at Comenius University Bratislava proudly organised the 18th International Scholarly Conference for PhD. students and young researchers, entitled "The Milestones of Law in Central Europe 2024." Under the auspices of the Dean of the Faculty of Law, Assoc. Prof. JUDr. Eduard Burda, PhD., the conference took place on March 22-23, 2024, at the picturesque, purpose-built facility of the National Council of the Slovak Republic in Častá - Papiernička

• The Disappearance of a Natural Person Who Is a Sole Proprietor (Self-Employed) - Considerations under the Polish and Slovak Law

  The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person

• The Emergence of Lesbian Theory of Law - Why and How the Lesbian Theory of Law Has Been Developed

  In the late eighties of the 20th century, the methodological reflection of lesbian identity arose within the framework of feminist jurisprudence. Although the original intention was to include lesbian identity in a woman's identity, in a relatively short period there was a sudden break. Lesbian identity became a distinct identity considered to be the central position of lesbian jurisprudence. This study presents the peculiar features of lesbian legal theory. It tries to point out the historical and ideological determinants that led lesbianism to enter (legal) feminism. Lesbian separatism also took part in this development. It turned out to be the main reason for the separation of lesbian legal scholars from the feminist jurisprudence. The study presents the core ideological assumptions that constitute the theoretical nature of the lesbian theory of law, which is based on lesbian (legal) experiences

• Collegiality and Dissent in Polish Administrative Courts - Exploring Judicial Interactions

  This article addresses a gap in existing research by focusing on the often-neglected realm of judicial interactions and internal dynamics within specific courts concerning the phenomenon of votum separatum. We examine the forms and practices of collegiality within Polish administrative courts and their influence on judges' decisions to file dissenting opinions. Additionally, we investigate the reactions of fellow judges when a dissent is announced

• The Interaction Between Roman Ius Civile and Local Provincial Legal Tradition - Papyri P. Yadin 21 and P. Yadin 22 as Roman Stipulatio

  When Babatha, a Jewish woman living in Maoza, conducted her legal affairs in the early second century CE, her homeland was already under the rule of the Romans as the province of Arabia Petraea. Although people were granted the right to use their original legal system, the situation with respect to legal disputes was not that straightforward. The nearest judiciary authority was the appointed Roman governor. Since Babatha was not a Roman citizen, in case of litigation, the governor would apply ius gentium, which was, in fact, more of an idea than a specific legal system. The Greek documents in the Archive are a precious testimony not only for the life of Babatha herself but also for how Roman dominion over various regions influenced how local legal affairs were conducted. The discussion continues relating the archive, whether traces of the Roman ius civile can be found in the papyri, and if so, what it means considering the law that was used in the provinces. The papyri P. Yadin 21 and P. Yadin 22 are presented as purchase and sale, which, however, poses a question as to what tradition lies behind the contract. In this article, we want to present how the Roman ius civile could possibly interact with local provincial legal tradition on the example of the papyri P. Yadin 21 and P. Yadin 22, comparing them to the Roman contracts, treating the possible use of stipulatio

Featured documents

• Bavaria's Supreme Court - A Unique Feature in History and Today

  Courts shape the rule of law. Their history is part of the culture of a country. The way judicial institutions are treated characterises a country's attitude towards the status they accord to courts and judges. In its almost 400-year history, Bavaria's Supreme Court has experienced all facets -...

• Civil Law Aspects of the Mauritian Children's Bill of 2019

  The Mauritian Children's Bill of 2019 addresses many issues pertaining to child protection, such as best interest of a child, prohibition of discrimination of children, marriage of children, illtreatment of children, surrogacy and sale of children and child prostitution. However, we may observe...

• Challenges of Rule of Law Conditionality in EU Accession

  EU enlargement process towards the Western Balkan countries has been in place since the 2003 Thessaloniki summit. However, the expected democratic transformation and fostering of the rule of law values have not become a reality, while rule of law conditionality has been criticized as ineffective in ...

• Parliaments versus Raising Extremist Member of Parliament. Amendments to Constitutions Needed?

  (Right-wing) extremism is on the rise across the continent. Propaganda and other activities affect European societies and parliaments. Extremists do not stop their activities in front of parliaments' buildings. As far as extremist performance within parliaments is concerned, parliaments may react...

• Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

  The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European...

• Judical review of discretionary powers in the activity of historical monuments protection bodies. The experience under the case law of Polish administrative courts

  The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities, all these elements create a kind of “explosive mixture”, which is the source...

• Electronic Monitoring Is Not the Only Problem Here - The Challenges of House Arrest Application Practice in the Czech Republic

  Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In...

• Human Rights Litigation in Africa Under Attack - Analysis of Backlash against Regional and Sub-Regional Courts

  Human rights values, to which international organisations adhere, serve not only as the working premise for achieving their goals but also constitute an inherent part of their legal framework and judicial decisions. Established by States that claim to share a fundamental set of values from the...

• Overview of the Church's Property Law in the Czech Lands during the Middle Ages

  Aim of the study is to provide an overview of the issue of Church property law in Bohemia and Moravia during the Middle Ages. Specifically, we consider the territory of the Prague and Olomouc dioceses. The main founder of churches and ecclesiastical institutions in the early Middle Ages was the...

• Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation

  Two judicial bodies, but both without right to protect the environment established. This is also how the coexistence of the two important judicial bodies located in the European area could be briefly characterized. The European Court of Human Rights and the Court of Justice of the European Union...