Search

Comtitutionul court, as a special institution of the centralised system of constitutional control, takes significantplace in a modem constitutional state. Tiie aim of this paper is to indicate the mainfeatures ofltalian and Serbian con-stitutional courts and their role in the development of constitutional svstems. Thе anahsis wiU. cover the SRope and quality of their competences, the way on which thev interpret the constitutional text and the quality ofdialogue tfiev develop with judicial andpolitical oigans. 77ie special focus wiR beput on the role of the Italian Constitutional court in protection of constitutional identitv which seems to have the кеу role in the development of the European constihitionalism today. [ABSTRACT FROM AUTHOR]

This paper deals with the entrenched linguistic prejudices which occur both in Italy and Serbia, sometimes even in academic contexts. Our analysis took into account, for instance, the belief that words do not have an effect if they are not written down, according to the Latin principle verba volant, scripta manent. We analysed linguistic stereotypes, myths and prejudices, such as the belief that there are logical and illogical, superior and inferior, beautiful and ugly, easy and difficult to learn languages. Eventually, we examined the discrimination of dialects compared with national languages and discussed the belief that our language is destined to disappear if it is not defended from the influences of foreign languages and cultures. [ABSTRACT FROM AUTHOR]

Cessio bonorum, as a kind of debt reimbursement of the insolvent debtor's creditors by a voluntary transfer of property together with beneficium competentiae, is one of the mysterious institutions of Roman law. In this paper the author shows onto the reasons for cessio bonorum, on its function, regulation and on the changes which this institution underwent during the Roman history. The author particularly emphasizes, the Roman law rule according to which it was prohibited for the creditors to acquire ownership on the debtors transferred goods (by cessio bonorum.) The reimbursement of debtors was done by public sale of the debtor's property (venditio bonorum) in a regular bankruptcy procedure and including the rules on fraus creditorum. The paper gives special attention to the existence of minimum goods and justified reasons of the debtor as necessary preconditions for the approval of cessio bonorum. Despite the prevailing opinion that among justified reasons for cessio bonorum lies also the fact that the debtor became insolvent without his fault (i.e. that his property perished by an occasion of vis maior), according to the author, is not confirmed by the sources (Seneca, De Beneficiis 7, 16 and C. Th. 4, 20, 1 from 379 A.D.). Analyzing the text of the constitution of Gratianus (C. Th. 4, 20, 1 about the prohibition of cessio bonorum, which would ultimately make the reimbursement of fiscal debts impossible in their entirety) in the circumstances of the postclassical society, the author arrives to the conclusion that the debtor's innocence for his insolvency was not a condition for the approval of cessio bonorum, but was a condition for keeping the necessary goods for supporting the family (beneficium competentiae) in the second instance of a debt settlement. However, having in mind that in the postclassical period, in terms of tax payment, the entire population of the Roman Empire was permanently a debtor of the imperial treasury, and that the circumstances of vis maior could been false or simulated, the decision about the remission of fiscal debts (indulgentiae reliquorum in function of beneficium competentiae) was solely in the hands of the emperors. If the interests of the Empire (utilitas publica) were not imperiled by cessio bonorum, than it depended only on the will of creditor whether he would accept this way of debt settlement, giving thereby a possibility of beneficium competentiae to the debtor. Taking into consideration that some kind of cessio bonorum as a way of debt settlement is again present in contemporary legislations as the so called personal bankruptcy, and its introduction is planning also in Serbia, according to the author, the questions discussed in this paper could be useful regarding the regulation and application of contemporary personal bankruptcy as well. [ABSTRACT FROM AUTHOR]

This paper represents comparative study of territorial governmental organization in constitutions of Germany, Austria, Spain, Italy and Serbia. In the introductory part we unlade basic legal and political reasons for this comparative analysis of territorial organizations in the named modern constitutions. In the second part of the paper we illustrate how territorial organization looks like in German Constitution (Grundgesetz). In the third segment we describe the vertical governmental structure in Austria, while the fourth and the fifth part of the paper deal with the territorial organization of Spain and Italy, respectively. In the seventh segment we analyze the territorial principle in the newest Serbian Constitution. The final part of the paper contains conclusions concerning comparative analysis of territorial governmental organization. [ABSTRACT FROM AUTHOR]

It is very well known that the Senate in Constnatinople was founded during the reign of the Emperor Constantine the Great. But, during his rule the Senate was not on the level of the imperial institution, rather a small group of senators who were following the Emperor in his move into a new capital on the East. Constantine's son and successor Constantius II decided to equalize legally the senates of both capitals. He promulgated eleven laws, preserved in the Theodosian Code, which constituted some kind of the Statute of Constantinopolitan Senate. [ABSTRACT FROM AUTHOR]