Bratislava Law Review

Publisher:
Faculty of Law of Comenius University (Bratislava)
Publication date:
2020-10-21
ISBN:
2644-6359

Issue Number

Latest documents

  • 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

  • Intersexuality and Transgender Identity as a 'Problem' of Participation in Sports Competitions (Medical and Legal Aspects of Decision-Making Practice)

    Amidst a global landscape where transgender individuals face unprecedented challenges in accessing equitable sexual health care, our review breaks new ground by exploring the intricacies of sexual health within the transgender community. Unveiling the critical gaps in current health care practices, our research not only amplifies the voices of those often marginalised in health narratives but also pioneers a comprehensive, culturally sensitive approach to transgender sexual health. The literature review tries to find medical and subsequent legal justifications for PRO and CONS of participation of transgender and intersex athletes in the category of the opposite sex. It tries to analyse which differences in life can be relevant in defining competitive advantages, which nowadays lead to very controversial, often politically motivated conclusions. The opinions of the professional and sports public do not go along with some decisions of sports associations and authorities. It therefore also deals with the recent decision of the European Court of Human Rights in the case of Caster Semenya, as well as the participation of athletes across different sports disciplines and categories. It does not ignore the question of the adequacy of anti-discrimination measures. Furthermore, it evaluates the impact of such participation on the integrity and fairness of competitive sports, highlighting the need for a balanced approach that respects the rights of all athletes. This study stands at the forefront of transforming sexual health care for transgender individuals worldwide

  • International Legal Aspects of the Assessment of Environmental Damage Caused by Military Actions

    Military actions not only cause massive human casualties and extensive destruction of homes, infrastructure, and other property, but also a significant environmental damage. It raises the issue of the importance of assessment of environmental damage as a necessary prerequisite for obtaining reparations. The paper analyses international legal documents which relate to the issue of assessment of the amount of environmental damage, as well as relevant decisions of international bodies in this sphere. A conclusion was made about the lack of a uniform approach to the assessment of amount of environmental damage, both in international documents and in international judicial practice. The necessity of the adoption of an international document that would establish the methodology which should be used during environmental damage assessment was proved. This paper should determine components of the environment deterioration of which should be compensated

  • In Search of Sustainable Finance - A Study of Practices on the Slovak Corporate Bond Market

    Financial market is expected to play an important role in transition towards more sustainable setup of the business environment. The European Commission published the EU’s Strategy for Financing the Transition to a Sustainable Economy in 2021, requiring the inclusion of environmental, social and governance considerations into investment decision making. Yet, small, open EU economies, such as Slovakia, are in a specific position when implementing this legal framework. For instance, Slovakia does not have any meaningful stock market to speak of, although its bond and collective investment markets perform better. To assess the adoption of sustainable finance elements and to assess the convergence on the Slovak bond market towards standard practice, we investigated current practices on the corporate bond market of nonfinancial corporations. We conducted our research through a review of corporate bonds prospectuses published during 2020-22, in which, to assess current market practices, we examined and evaluated selected criteria and indicators related to issuers and bonds and compared them. These criteria include for example issuer´s business and purpose of finance, form, yield, security, or transferability of bonds. We find that relevant variable criteria and indicators related to reviewed bonds, compared in our research, are similar, indicating that the market converged into a standard practice. Finally, we find almost no evidence of adoption of the sustainable finance elements although there are hints of market uptake of sustainable practices

  • 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 the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases

  • Administrative Contract in Administrative Matters - Slovenian Law in Comparative Perspective

    Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality

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