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Copyright of Anali Pravnog Fakulteta u Beogradu is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the history of the enactment of continuity laws in places such as Israel, and it mentions violations of minority rights, legislative discretion, and the principle of legislative discontinuity in relation to presidential and parliamentary political systems. The European Union's Parliament is mentioned, along with constitutional issues, the legislative process, and the codification of laws. Sovereignty, democracy, and the Israel's Members of Knesset are examined.

The article focuses on the efforts of the U.S. Appellate Courts in applying the deviates materially standards for the review of the arbitral awards. Topics discussed include legislature adoption of the deviates materially standards, rules of the court for applying the review standards and role of the courts in fulfilling the purpose of the formed statutes and laws. It further discusses the method applied by the courts for fulfilling the standards up to the Legislature's intent.

If one looks at the beginning of the Austrian ABGB, one finds a so-called "Einleitung", ie. introduction, first. Those introductions are the expression of a conflict about judicial policy starting to gain momentum in the second half of the 18th century and dominating relations between the monarchic legislator and the judiciary until the second half of the 19th century. Beneath the change towards a codified law since the late 18th century is the demand of the state to from now on create the law on its own. The judiciary was allocated the mere role of a purely norm-applying instance. In this article, it is shown which conflicts between politics and judiciary resulted from this view and how the state tried to discipline the judiciary. [ABSTRACT FROM AUTHOR]

Serbia as a member of the Kingdom of Yugoslavia had the Law on General Administrative Procedure since 1930, only five years after Austria who was the first country in the world which codified administrative procedure 1925. This Law was applicable till the end of the World War II. A socialist Yugoslavia adopted its first law on general administrative procedure in 1956. This Law was amended several times, but never substantial. Instead, they carried out minor changes and amendments to this Act, mostly concerning only terminology. [ABSTRACT FROM AUTHOR]

This paper tries to describe theoretically some of the numerous questions regarding the marriage in Justinian's time (525-565). By finishing the work of his predecessors (Gregorian, Hermogenian, Theodosius), Justinian codified the whole of Roman law. Of course, when we speak about Justinian, we also have in mind Tribonian and other members of his team. He introduced many innovations in family, i.e. marital relations: cognate kinship (blood kinship) replaced agnate kinship; the head of a family had no more „right of life or death“ (ius vitae ac necis) over the family members; marriage was reformed and a lot of restrictions were abolished as well as many pagan rituals involved in the act of getting married, and the divorce was no more „duty but right“. Under the influence of Christianity that was spread in the first century among slaves and the poor and the moral purity that had been preached by Christianity - Justinian continued the policy of his predecessors (August, Constantine, Theodosius) towards strengthening marriage and family. Even in the period of spreading Christianity across the Roman Empire, ancient Roman religious rituals were becoming less common due to decreased importance of religion and ethics. Roman legislation in that period did not insist on formalities in the process of getting married; it insisted on a mutual agreement of a bride and bride-groom and after that the marriage was contracted as a „legal union“ - consensus facit nuptias - as the Romans said. In the Justinian time, although the marriage was under a great influence of Christianity, it required no church blessing for a contracted marriage. That condition will be introduced by Leo the Wise in the 9th century for the Eastern Roman Empire. According to Justinian, a marriage is „the relationship of a husband and wife that contains permanent life community“. The procedure and the attached activities that accompany the act of getting married (engagement, dowry, premarital gift, prenuptial contract or instrimentum dotale, for the persons of higher classes) were contained in the provisions of Institution, Digest, Codex and Novellae and these have been referred to in the discussion about the topic in questions. Historical, comparative, legal and dogmatic methods have been used for the purpose of producing this paper. CONCLUSION: An analysis of provisions from the mentioned parts of Justinian's codification has lead us to a conclusion that they were the foundations for matrimonial legislation (with respect to both concluding marriage and divorce) in most states of the former Byzantine empire. Even today, only a secular marriage concluded before relevant state authorities is considered to be valid. Those wishing to be married in church are free to do so in the presence of the clergyman in charge, but this act has no legal effect. [ABSTRACT FROM AUTHOR]

This article deals with the issue of the role of traditionalists and modernists on the development of the Saudi legal system. It presents and defines the two movements and evaluates their backgrounds and approaches. It also explores their impacts on the development of the Saudi legal system through evaluating their approaches on the following areas: legislative process, people's perspective toward applied laws, the judicial system, and legal education. The article concludes that it is clear from this evidentiary demonstration that the development of the Saudi legal system has been affected by the concurrent influences of traditionalist and modernist movements. The substance of enacted laws, legal education, the judicial systems, and people's attitude toward both Shariah and enacted laws has been negatively affected by the approaches of both movements. The paper provides for various approaches and solutions that address the problems of the system of legal education, judicial system, and legislative process. The paper suggests that these various approaches and solutions have to be adopted jointly; otherwise the confusion in the legal system will continue. [ABSTRACT FROM AUTHOR]

The author reflects on the journal "Legisprudence," which aims to contribute to the improvement of legislation by studying the process of legislation. The author enumerates the content of the journal, including legislation in both formal and material sense, and alternatives to legislation. The author also explains that the articles in the journal focuses on systematic issues including the utility and necessity of codification, informatics in legislation, and the use of scientific research in the creation of legislation.