Kostadin Paev

Modern Theories of the State Origins

Abstract

The existing until today theories of the origins of the state so far are the result of studies by philosophers, historians, sociologists, political scientists, archaeologists, anthropologists and others. This publication aims to present the most popular theories about the emergence of the state since the second half of the twentieth century, which are very little known in our country. It discusses the irrigation and evolutionary theories, the theories of conquest and social inequality.

Byzantine Legal Collections From The Time Of The Macedonian Dynasty (867 – 1056)

Abstract

The rule of Macedonian dynasty in Byzantium is one of the most prolific in terms of the creation of legislative collections. Emperor Basil I (867-886) undertake a review of the Byzantine legislation since the time of Isaurian dynasty (717-802) or so-called „purification of law“, continued under his successors. As a result, appear Prohiros Nomos, Eysagoge (sometimes incorrectly called Epanagoge), the legislative corpus Basilica, Novels of Emperor Leo VI (886-912), Epitomè (legum). From the time of the Macedonian dynasty dates the collection of case law Peira, which is also presented here briefly. Most of them are not well known in detail and have never been translated into Bulgarian.

This publication aims to fill, albeit very modestly this gap, presenting brief comments of those Byzantine legal collections and translations of short texts from them. Thus, the reader can get a general idea of their orientation, core content and the spirit of the then legal thought.

The Byzantine Sea Law

Abstract

The Byzantine Sea Law or also called Rhodian Sea Law is one of the least known among the Bulgarian legal historians. An obvious reason for this is that its influence on the Bulgarian medieval society has never been allowed, because of the lack of any speci-fic evidence. However, it should be remembered that the Bulgarian coastal cities, especially those on the southern coast of Black Sea, often passed from Byzantine to Bulgarian possession, and vice versa, so that its application in the trade and shipping there has not excluded.

The Byzantine Sea Law could be found in various manuscripts, in whole or parts of it, stored in Italy, France, Spain, Holland, Germany, Austria, Russia and Greece. The law was included in the 53rd book of the legislative corpus Basilica. It was first published by Simon Skardi in 1561. Some manuscripts contain two or three parts of the law: the first - introduction, the second one - with 19 chapters and the third one - with 47 chapters; there are several additives too. The main body of the law represents the third part. According to the researchers, the first part has been attached to it later, and the second one - most likely composed together with the third. The Byzantine Sea Law was composed in the period between 600 and 800 A.D. The researchers found the roots of a number of provisions in Justinian Digests and other Roman legal acts. It sets out rules originating from different ages and sources: probably these are early commercial contracts, imperial regulations and local customs.

The Byzantine Sea Law regulates a wide range of legal matters and relationships bet-ween entities related to maritime trade and shipping.

Protection of property and offenses against it are set out in the initial text of the law. It also dealt with crimes against persons, evidence and perjury; contracts and guarantee in them, the protection of the deposit. In relation to the security of shipping, the law incorporates a number of texts relating to the breach of discipline on the ship, preven-ting danger of pirates and fire, difficulties in the supply of food and water. As to the ship owner, the law regulates the liability and the institute of co-ownership of the ship, and as to the sailors - their pay, restrictions on goods that can wear and their main duties.

Transport of the goods is another essential part of the law. In this regard there are regulations about: the state of the ship and crew, receiving, loading and unloading of cargo, cargo requirements and the payment, the  deadlines for its delivery, obligations for recovery of the load, the violation of the contract - consciously or unconsciously. The Byzantine Sea Law regulates also the maritime loan, hiring a ship, the partnership between merchants (association), relationships between the shipmaster, traders and sailors. Also contemplated are the circumstances associated with the loss of the ship, jettison of pro-perty, participation in the rescue of the ship if necessary, the consequences of a collision of the ships, etc. 

Research Of Schools And Bibliography Review On The World Legal History 19th – Middle Of 20th Century

Abstract

The main subject of this article is the World legal history researches made from 19th to the middle of the 20th century, the formation and the development of the research schools on law history. There were early manifestations of the interest toward the law of the past – especially on the Roman law during the time of The Middle Ages: first in Byzantium, but later in Western Europe. Some overall researches on the law history appeared in 16th - 18th c. The real research work on the World legal history began in 19th century. Just at that time, the research schools were set up. The general concept, which lies in the base of this article is, that the factors which formed different research schools were previously political, not juridical. The interest of the research workers depended on the interest of their societies.

Thus, the English and French scholars explored the legal history of most of the countries and the nations, because England and France were powerful colonial empires. Unlike them, the German and Italian scholars directed their attention to their national legal systems and the Roman law – the two countries were separated and they endeavoured to national unification; they had no colonial possessions. Russian and other Slavonic researchers were under the influence of different ideological theories – Slavyanofilstvo and Panslavism. That is why they studied their national and Slavonic law. The other contribution of the article is the wide and detailed bibliography preview of hundreds of authors and hundreds of publications in five languages – English, French, German, Italian and Russian. A definition of the essence of law history research school has been given here. At the end, there is a short preview of research works on the World legal history in Bulgarian.

The First Greek Constitution Of 1822

Abstract

First Greek Constitution, adopted in 1822 is actually the first modern constitution in the Balkans. It feels strong influence of the French constitutions of 1793 and 1795. The Constitution estableshes the republican form of government and consists of 110 paragraphs, divided by chapters and sections. It secures the principles of representation and the separation of powers, and also the basic civil rights and freedoms.

Published here translation is according to the bilingual edition with parallel texts in Greek and English: The Provisional Constitution of Greece. London: John Murray, 1823, 55–116.

The English Parliamentarianism From Magna Carta To The Puritan Revolution

Abstract

Although the acts of the English Parliament after Magna Carta until the beginning of the Puritan Revolution are not so widly known, they played an important role in the development of parliamentarianism not only in England, but in all over the world parliamentary practice. It is evident how each successive Parliament with methodical persistence succeeded to gain new rights in the centuries-old struggle with royal power.

Gradually, its composition expan-ded to include representatives not only of the clergy and nobility, but also the small knights and the cities. Composed of two Chambers, Parliament acquires a decisive role in determining the taxes and rule on the legality of the election. That is time when some of the most important principles of modern parliamentarianism are introdused: parliamentary immunity, freedom of the statements of representatives and their right of legislative initiative. Without these principles, the modern parliamentary government would not be possible.