Slovenské právne dejiny I., 2.vydanie

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Erik Štenpien - Ivan Svatuška (eds.)

The Collection of scientific Contributions of the International scientific conference: 100 Years of Treaty of Trianon – Diplomacy, State and Law on the Turn of the Century.

The presented publication is the first of a series of proceedings published within the solution of the grant APVV-19-0419. The conference took place from 14 to 15 October 2021 with the participation of experts from Slovakia, Hungary and Poland. The ambition of the research team, composed of legal historians and positive lawyers from three countries, is to provide a comprehensive, unbiased view of the peace negotiations that resulted in the Treaty of Trianon with Hungary. The conference, the result of which is the presented collection, was devoted to the causes of possible disputes in Europe - focusing on diplomacy and constitutional development of Central European countries at the turn of the 19th and 20th centuries, ie in the period immediately preceding the outbreak of World War I.

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Ivan Svatuška - Lucia Pištejová (eds.)

Collection of Scientific Contributions from the International Scientific Conference of PhD Students and Young Researchers held on April 22, 2022, organized by the Department of State and Law History of the Faculty of Law, Pavol Jozef Šafárik University in Košice.

We recommend this collection to the attention not only of PhD students and young researchers but also to all experts working in the fields of general history and legal science. At the same time, we bring it to the attention of all lay enthusiasts interested in the issues of legal development after the First World War. After all, as one of the world-renowned foreign legal historians likes to say: "Law is the most beautiful science in the world, because everyone can find an area that interests them in it."

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Erik Štenpien - Lucia Pištejová  - Ivan Svatuška (eds.)

Proceedings of the international scientific conference held on April 13-14, 2023, organized by the Department of History of State and Law, Faculty of Law, University of Pavel Jozef Šafárik in Košice.

The presented collection provides a summary of scientific works from the last international conference dealing with the issue of the Trianon Peace Treaty and the negotiations during the peace conference after 1918. The collection contains scientific contributions from members of the research team of the APVV 19-0419 project, as well as other experts from the field of legal history. Through their contributions, they offer an insight into the complex processes of the formation of Europe after the First World War. They approximate the essential and relatively complicated processes of negotiations on important issues of the post-war arrangement and the further direction of individual countries. Contributions of foreign legal historians, which bring an alternative view of the examined issue, are a stimulating contribution to the collection.

The anthology includes scientific studies related to the investigated issue, often with an overlap with the present. The collection also includes scientific contributions with positive legal topics. The collection in the presented form is thus primarily intended for readers from the professional public.

Last but not least, it can interest the lay public interested in the issue of the post-war arrangement and Slovak-Hungarian relations.

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Nándor Birher-Péter Tamás Bertalan

The document, titled "Vatican Diplomacy Around Trianon from a Hungarian Perspective," is a scholarly work that examines the geopolitical and ecclesiastical changes in East-Central Europe after the Treaty of Trianon in 1920, with a focus on the role of the Vatican. The book explores the interactions between the Vatican and the reshaped geopolitical landscape, emphasizing the influence of religious and ecclesiastical issues on international relations. The monograph posits that Central Europe is not merely a geographic or economic concept but a "spiritual kingdom" with a shared destiny shaped by interdependence and cultural achievements, despite its history of conflicts. Central Europe's rich intellectual and cultural heritage, deeply influenced by religious convictions and Vatican diplomacy, continues to impact the region's identity and unity. The book suggests that the lessons from the early 20th century, including the Trianon Peace Treaty and subsequent geopolitical shifts, are still relevant in understanding the contemporary political and cultural dynamics of Central Europe. The authors encourage readers to reflect on the past and consider how historical events and decisions have shaped present-day Central Europe. The book aims to provide insights into the region's complex history and its ongoing struggle to find its place in the broader European and global context.

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bolya Katalin Koncz

The exploration of the interplay between innovation and society elucidates fundamental connections between human advancement and societal transformation. Technological development and its dissemination profoundly influence both the economy and social structures, often restructuring them while presenting new challenges and opportunities. This monograph delves into the theme of "Innovation and Society", focusing specifically on how technological advancements impact various facets of society ‒ from the realm of work to social policies and the evolution of gender roles. These areas are approached through a novel lens, examining them from the perspective of legislative reforms enacted and endorsed by the state. The monograph examines the characteristics and legal framework of 20th-century Hungarian society using diverse laws, regulations, and statistical data. Through analyses and documented evidence, it offers a comprehensive understanding of societal structure and operations, encompassing aspects such as the labor market, female employment, the status of industry and commerce, and shifts in legal frameworks. Detailed statistical insights into population dynamics, labor market trends, and economic sectors further deepen our comprehension of social processes. The documents scrutinize the employment distribution and conditions across different sectors, including food processing and milling, while also providing specific details on the roles, distribution, and wages of women in the workforce, with particular emphasis on occupations where women are prominently engaged. The analysis of legislative provisions delineates the historical backdrop and measures enacted for fostering social and economic transformations, covering issues such as patent legislation, guardianship laws, and family law. This compilation offers an exhaustive overview of 20th-century Hungarian society and its legal underpinnings, enriching scholarly inquiries into historical and sociological dimensions within this domain.

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Pavol Valachovič

Dejiny starovekého Ríma zahŕňajú od založenia mesta až do zániku Západorímskej ríše 13 storočí vývoja. Od malého mestského štátu sa rozvíjal tento štát až na rozsiahlu ríšu, ktorá sa rozprestierala na troch kontinentoch. Od malých hospodárstiev sa rozvinula na štát s vyspelou poľnohospodárskou, remeselnou výrobou a obchodom so zložitou cestnou sieťou, ktorá zahŕňala a ovplyvňovala aj územia za hranice ríše. Pod vplyvom kultúrne vyspelých civilizácií Etruskovia, Gréci, ale aj ďalších sa vyvinula zložitá kultúra, literatúra, umenie, s ktorých zvyškami sa stretávame v Európe, Ázii a Afrike. V neskorších obdobiach táto kultúra ovplyvnila a ovplyvňovala v nasledujúcich obdobiach ďalšie národy a kultúry, dokonca i dnes ovplyvňuje mnohé kultúrne prvky. V prvých štyroch storočiach n. l. sa do susedstva s Rímskou ríšou dostalo aj územie dnešného Slovenska a národy Germáni, Kelti, ktoré tu sídlili. Historici, archeológovia, umeňovedci dodnes odkrývajú stopy dávnej minulosti Slovenska. Predložená Chronológia starovekého Ríma postihuje tento zložitý historický a kultúrny vývoj v uvedenom období. Zahŕňa politické dejiny, ale aj hospodársky a sociálny vývoj a náboženské dejiny, zahrnuli sme do nej i niektoré kultúrne prvky údaje napr. o spisovateľoch, budovaní niektorých umeleckých pamiatok.

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Erik Štenpien (ed.)

Proceedings of the International Scientific Conference held on September 27, 2013, at the Faculty of Law of UPJŠ in Košice

The Civil Code is one of the fundamental legal codifications of our time. Paradoxically, in the Slovak Republic, the 1964 Code still applies today, albeit with certain modifications brought by the modern era. Currently, recodification efforts are underway, with the goal of adopting a new Civil Code.

However, it is not possible to build something new without knowledge of the old. It is therefore a positive sign when legal historians and civil law experts come together at a conference to exchange views and insights. The Department of State and Legal History at the Faculty of Law in Košice is in its first year of working on the scientific grant project VEGA: The Historical-Legal Development of the Institute of the Sales Contract and Trends in Its Current Recodification in the Slovak Republic - No. 1/0131/13.

This project was acquired as a historical-legal initiative, but the Department of Civil Law is also participating, as Assoc. Prof. JUDr. K. Kirstová, CSc., is the deputy head of the project. Aware that this represents a completely unique connection between legal history and practice, our department organized the international scientific conference The Sales Contract - History and Present I. on September 27, 2013, which was a planned grant output but ultimately coincided with the 40th anniversary of the Faculty of Law in Košice.

This proceedings volume thus summarizes contributions from the grant project, as well as related presentations. It aims to significantly contribute to the understanding of the history and current recodification efforts of the sales contract institution both domestically and internationally.

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 Erik Štenpien 

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Erik Štenpien  - Lucia Pištejová - Ivan Svatuška

The presented publication is the proceedings of the international conference held on 29.-30. September 2022 in Košice as an output of the grant project APVV-19-0419.

The ambition of the project is to try to reconcile legal and general historians from Slovakia and Hungary in the difficult topic of looking at the Treaty of Trianon from 1920. The conference, held on 29.-30. September 2022 was the third in a series of conferences that for the purpose of assisting in the achievement of said goal. It was attended by legal historians and positive lawyers from several Central European countries. So let the collection serve as another step towards understanding between nations.

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Jana Šutajová

From January 1, 1969, the Constitutional Act on the Status of Nationalities in the Czechoslovak Socialist Republic (ČSSR) and the Constitutional Act on the Federation came into effect. The Constitutional Act on the Status of Nationalities represented at least a formal significant step forward in the legal regulation of minority rights. However, this law was intended to serve as a foundation for further legal adjustments. It was declared that additional steps and negotiations for the adoption of implementing regulations would follow and that further laws would be enacted at both the federal and national levels. Nevertheless, no additional law or government regulation related to the constitutional act on the status of nationalities in the ČSSR was ever issued.

During the normalization period, issues concerning further legislation related to national minorities were not addressed. However, in the brief period following the adoption of the constitutional act in 1968 until the end of 1969, some institutions attempted to prepare and promote such legal norms. One of these institutions was the Government Council of the Slovak Socialist Republic (SSR) for Nationalities (hereafter referred to as the Council or the Government Council for Nationalities). The monograph provides an insight into the development of additional legal norms arising from the constitutional act on the status of nationalities in the Slovak Socialist Republic, prepared by the Government Council of SSR for Nationalities. This council was one of the institutions established in Slovakia after the formation of the Czechoslovak federation and dealt with nationality issues.

In addressing further legal norms stemming from the constitutional act on nationalities in ČSSR, it was necessary to consider prior developments. Therefore, the first part of the monograph examines the status of minorities in Czechoslovakia before adopting the constitutional act, activities of nationalities preceding its adoption, and its enactment itself. Subsequent sections focus on institutional changes in SSR following federalization, the establishment of the Government Council of SSR for Nationalities, and specific actions taken by this Council and its expert bodies in drafting proposals for laws concerning nationalities in the Slovak Socialist Republic.

The motivation for writing this monograph stemmed from the fact that this topic has so far received attention only in a few studies in Slovakia, which primarily focused on the Hungarian minority during either the Prague Spring or normalization periods.

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Miloš Večeřa a kolektív

Všeobecná teória práva poukazuje v teórií práva ako sa robí tvorba práva, v aplikácií právnych vzťahoch, taktiež právo europeizácie a globalizácie, obsahuje príklady aplikácie pre podmienky SR legislatívy. Publikácia sa snaží poskytnúť teóriu práva vo všeobecnej rovine ako sa interpretuje v praxi v právnej vede.

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Péter Miskolczi Bodnár

This monograph examines when the state has the right to intervene in the legal relationship between contracting parties, and if it is possible, when it can act as a legislator and/or a law applier and what the nature of the intervention may be. In this study, the limits related to the rights and obligations of the parties are scrutinized. The monograph delineates the theoretical frameworks of state intervention. The author distinguishes the forms of intervention concerning future contracts and those already concluded. The study lists the circumstances grounding the mandatory norms concerning future contracts with the presentation of Roman law. In the context of state influence on the content of contracts already concluded, judicial decisions play a stronger role than legislation and government measures also appear. The monograph presents the legislative measures affecting the contracts already concluded and the reasons thereof in a differentiated way, divided into different periods. In the author's view, World War I and especially the subsequent Treaty of Trianon brought a significant change in the assessment of state intervention, and therefore, he devotes special attention to the examination of this period. The monograph provides an outline of overview of the international tendencies of the period from the peace treaty to the present day. The study presents the era of Hungarian legislation being prone to make mandatory rules and delineates the relevant provisions of the applicable Hungarian law. At the end of the monograph the reader can find the author’s evaluative comments. While acknowledging the positive aspects of state involvement, attention should also be paid to the dangers of excessive state intervention in Eastern Europe.

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Erik Štenpien

The presented monograph is dedicated to the reforms of local administration in the middle of the 19th century, which led to the introduction of municipalism - the nationalization of local administration. The work is primarily devoted to the analysis of the differences between legal articles 42/1870 and 21/1884, the second of which has so far been considered by Slovak legal historians as an amendment. I will explain the differences in the text of both standards, as well as by pointing out the practice of applying both standards in local practice in Abov and Turňa, the legal article 21/1884 is applicable, it is recoded and after the thresholds of the Czechoslovakia it was received as an obligation of the local sparva in Slovakia and is valid even in the time of Conclusion The Trianon peace treaty.

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Dominika Kováčová- Lucia Pištejová- Ivan Vaňa

The present monograph deals with the post-war settlement of relations and peace negotiations related to the settlement of the borders of the newly established Czechoslovak Republic. The work discusses in detail the negotiation processes related to the preparation and signing of the Versailles and Saint-Germain Peace Treaties. Similarly, it then discusses in detail the peripeties related to the drafting of the Treaty of Trianon dealing with the border with Hungary and its subsequent delineation in the field. Last but not least, the thesis captures the settling of Czechoslovakia's international relations with Poland and their common border, with a particular focus on the arbitration settlement on the territory of Orava and Spiš.

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Ľuboš Dobrovič - Vladimír Vrana

The world of diplomacy, whether ancient or modern, is naturally prone to problems associated with cultural clashes and often serves as an “unarmed battlefield” of cultural concepts. International diplomacy, however, stands on the assumption of war, as misunderstandings and cultural discrepancies lead to confusion. Cultural encounters also provide many opportunities for the choice of misunderstanding: the choice to perceive an act as an insult, even if unintended, or the choice to ignore the most blatant intentional insult, all according to momentary expediency.

The Roman historian Livy recounts an anecdote about the gates of the Temple of Janus, which, when open, signified that Rome was at war. However, the doors of the ancient Temple of Janus were closed only twice from the beginning of the 7th century BC to the end of the 1st century BC. One might ask, how many times and for how long after the signing of the Treaty of Trianon were the metaphorical gates of the European (or global) Temple of Janus closed?

The publication that the reader holds in their hands does not attempt to exhaustively answer all questions of ancient and modern international diplomacy. That is neither possible nor the goal of this scientific monograph. Authors seeking intersections between diplomacy of antiquity, the Middle Ages, and the early 20th century encountered some thought-provoking ideas and controversial debates. Indeed, what other conclusions can the topic of the Treaty of Trianon and the perpetual clash of cultures in the Mediterranean antiquity and medieval Europe bring?

We believe that the topic of ancient and modern diplomacy will inspire the reader and stimulate the professional public to new ideas, reflections, and scholarly activity.

The scientific monograph was prepared as an output of the project of the Agency for the Support of Research and Development No. APVV-19-0419: "100 years of the Treaty of Trianon."

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Herbert Hausmaninger - Peter Blaho -  Veronika Kleňová

Kniha obsahuje konkrétne prípady z oblasti rímskeho civilného procesu, rodinného, vecného, záväzkového a dedičského práva, ktoré sa odohrali v antickom Ríme a jeho provinciách. Vybrané boli prípady s osobitným významom pre vývoj civilného práva kontinentálnej Európy. Prostredníctvom týchto prípadov zbierka umožňuje rekonštruovať skutkový stav a právnické odôvodnenia rozhodnutí rímskych právnikov. Vnútorná štruktúra každého prípadu je viac-menej konštantná. V záhlaví je uvedená inskripcia právneho prameňa; nasleduje úplný latinský text a jeho preklad. Každý prípad sa končí položenými otázkami, odkazmi na najdôležitejšie občianske zákonníky a na literatúru. Otázky sú zväčša formulované stručne, s cieľom povzbudiť čitateľa pri hľadaní vlastnej cesty k prameňom. Osobitný dôraz sa kladie na odôvodnenie príslušného rozhodnutia, pričom sa prihliada na spôsob argumentácie rímskych právnikov. Poznámka na občianske zákonníky má nielen ukázať na pretrvávanie rímskeho práva v moderných súkromnoprávnych poriadkoch, ale aj podporiť diskusiu k rímskemu riešeniu právnych problémov.