The paper analyses the meaning of the word addicere in the ancient Roman law. The first part of the paper discusses the meaning of the word addicere within the oldest procedure for the protection of property (legis actio sacramento in rem) as one of the three solemn words (tria verba sollemnia) of the earliest Roman jurisdiction (do, dico, addico)

As the true pillar of the Roman legal civilization, the role of the judges has featured more prominently in the texts of the Justinian's compilation as their duties grew and diversified. 

A murder was committed in Paris. At the trial, all witnesses testify to the guilt of the accused. By coincidence, the judge has personally seen the accused at Orleans, at the time of the murder. Must the court condemn the accused, according to the evidence brought at the trial, i.e. condemn him to death?

Brittany, an old Duchy definitely joined to the Crown of France in 1532, is judicially governed by the "Breton Common Law”, written down for the first time in about 1320, and formally by the order of King François the 1st in 1539. 

To be able to interpret the will of a deceased, the medieval Romanists forged the theory of conjectures, per which the slightest clue was used to favour the lineage. 

Radically reformed by the French Revolutionaries, the military justice goes through several reforms, before those adopted between 1793 and 1794 established a specific judicial system. 

Jean-Jacques Burlamaqui (1695–1748) was born in Geneva, in a well-off family. He is the co-founder of the "École romande du droit naturel”, together with Jean Barbeyrac (1674–1744).

Swiss law traditionally gives courts a broad power to create rules, especially in civil law: the Swiss parliament has often deliberately made the choice of enacting laws that were not very detailed, leaving it up to the judges to interpret them

The relationship of law and morality continues to pose questions on the admissibility of norms extraneous to law in the judicial sphere. 

In 1834, Gregory XVI implemented a large-scale reform of the Papal judicial system by means of the Regolamento legislativo e giudiziario per gli affari civili. Amongst other things, this rule introduced changes to the operation of the tribunal of the Roman Rota

Traditionally, the figure of the judge does not take the centre-stage in general historical works. Perhaps this lack of interest can largely be explained by Montesquieu’s antique conception of a judiciary exclusively subject to the law. What could be the leeway of a power whose action is theoretically circumscribed by the law and procedures, and whose nature is essentially reactive?

Imperial China developed a strong tradition of codified law judges had to faith fully implement. Judges were only given little room to interpret law and judicial decisions were subject to strict monitoring through the channel of administrative review. 

The main purpose of the article is to present the evolution of the legal institution of laesio enormis, which can be, in very general terms, defined as an institution of the law of obligations, aimed to protect the balance between performance and counterperformance of a contract. 

In the article, the author discusses main reasons for failure to achieve sustainable development. He believes that the main reason for that failure is the excessive and one-sided orientation of western civilization into material dimension of our lives. Behind that lies an even deeper mechanism, which controls our actions.

This article deals with the concept of the Albanian customary law, which is in the wider European legal science incorrectly equated solely with generalized record of the Albanian customary law in the form of The Kanun of Leke Dukagjini, although there are many other records showing a long and rich legal heritage of the Albanians.

In this short presentation the book of Professor Matjaž Ambrož, PhD, "Storilstvo in udeležba v kazenskem pravu” (Perpetration and Complicity in Criminal Law), in which the author analyses the problems of participation of numerous actors in a crime, is reviewed.

Recently, in his 95. year Professor Janez Šmidovnik, Phd. died. Until the very end he was active, also in the judicial sphere. In his long life he has established himself as a great and renowned legal expert. 

The article is a tribute to Justice Antonin Scalia who himself ranks among the most influential Justices in American history. The author attempts to present a brief outline of Justice’s enormous personality, a short overview of his life, work and an insight of his personal character, yet the foremost attention is paid to the doctrine of originalism, which is the centerpiece of his judicial philosophy.

The paper critically examines the unsuccessful attempts to amend the corporate legislation in Slovenia in the ambit of managers’ duty to care. The author then sketches out the amendment proponents’ perception of the business judgment rule and the method and manner that were used in the attempt to codify it.

The article deals with selected issues of (executing) the sovereignty of the state as an independent body of international law with a special emphasis on the Republic of Slovenia and its way in international relations.

The financial penalty is well received in Europe, since it makes up more than half of all imposed penalties in most countries. It has gone through many changes since its first introduction. 

Regardless of the fact, whether the debtor is under insolvency proceeding or the proceeding of preventive restructuring, usually merely financial measures are not an adequate intervention regarding the company’s business operation in order to dismiss the grounds for insolvency.

The author gives a book review of Marco Gogolin, in which he presents new challenges in free legal aid system in Germany.

Provisional measures in proceedings in disputes for disturbance of possession have an important role. They provide a proposer with a fast and efficient protection of the claim. Their aim is to secure its future enforcement or a temporary regulation of legal relation in dispute. 

The authors discuss some particular questions regarding a claim filed against the defendant under the Article 168(5) of Slovenian Claim Enforcement and Security Act (ZIZ). The research focuses mainly on the main purpose of the sale and the acquisition of the property, with particular reference to actio Pauliana

The article presents a comprehensive legal theoretical and normative concept of a universal basic income (UBI) as a hypothetical part of the existing social security system. The authors derive from the establishment of a legal definition of a UBI and the definition of its legal nature and the right to a UBI. 

The author deals with tax base which is one of the basic legal institutes of tax law. For the analysis the author uses a definition from German Fiscal Code (Ger. Abgabenordnung) and theoretical views of authors in the states that were a part of former Yugoslavia, since Slovenian legislator has not prescribed a general definition of tax base

The comparative law makes observations on whether it is possible to give some answers about the appropriateness from criminal policy perspective with regard to the scheme and completeness of the criminal legal protection of human rights and freedoms. 

The issue of the ownership right of public institutions over property used for carrying out their activities is dealt with in this article. The Slovenian Institutes Act adopted in 1991 regulates the field of public institutions with regard to their status. 

Complementary health insurance in the Republic of Slovenia has been subject of critiques for many years. In the same period it has also been on the agenda of the legislator which has been promising structural reforms in the field of financing of health care for almost a decade.

The purpose of this paper is to answer the question: Why is there a different liability of the carrier in maritime carriage of passengers and goods in comparison to other transport modes? Except in the EU Member States and a few other countries, a maritime carrier’s liability for damages that were suffered by passengers is fault.

The article links recent German legal history and legal doctrine concerning German real estate law by considering the exemplary case of a pre-emption right in real estate established in a former Prussian province in the former GDR before the introduction of the German Civil Code (Bürgerliches Gesetzbuch – BGB) in the year 1900.

Indirect discrimination is a specific and complex form of unlawful discrimination, prohibited by EU law and national law. While this concept is fairly developed in European, international and American law, this is not the case in Slovenia.

The author presents the current regimes of private enforcement of antitrust of the EU and the Republic of Slovenia. She analyses the provisions of the new Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union that must be implemented by 27 December 2016.

Complementary health insurance in the Republic of Slovenia has been subject of critiques for many years. In the same period it has also been on the agenda of the legislator which has been promising structural reforms in the field of financing of health care for almost a decade.

The author presents the life and the work of the deceased Professor Janez Šinkovec (1928–2016), PhD, who was one of the most eminent and prolific jurists in Slovenian legal history. 

This article seeks to fill the gap in the Slovenian literature in the field of debt discharge as a part of the personal bankruptcy proceedings. The first part of the article presents the basic theoretical knowledge about personal bankruptcy, with an emphasis on theories of rationalizing the debt discharge proceedings

The contract of sale and the contract of carriage that the buyer or seller concludes with an independent carrier in order to fulfil his obligations arising from the contract of sale are two separate legal transactions that create separate rights and obligations, pertinent to each type of legal transaction, for the parties to each contract.

The European Union (EU) is becoming an increasingly important actor in the sphere of international peace and security and imposes sanctions against states outside Europe on a regular basis. Legal basis for imposition of such sanctions under the EU primary law is unequivocal, however, its international legal basis is less clear

An animal is a living creature and recently some civil codes treated it as a special legal object differing from things. Nevertheless, animals are object of the property and to them shall apply mutatis mutandis common rules for things, unless otherwise provided by law.

The published contribution is a speech delivered by the European Court of Human Rights judge, at a ceremony marking the 25th anniversary of the Constitution of the Republic of Slovenia, held on 15 December 2016 at the Constitutional Court of the Republic of Slovenia.

In 2008, the Slovenian legislator adopted the new Penal Code – Kazenski zakonik (KZ-1). Article 125 dramatically changed the former criminal treatment of medical interventions

The Slovenian Constitutional Court has the power to review the conformity of laws, other regulations and decisions of the courts not only with the Constitution but also with international law.

European citizenship consists of a limited number of rights belonging to citizens of the EU Member States. The EU citizens exercise these rights in relationship with Member States to which they move and rarely also in relationship with their home Member States. 

The Symposium on legal and social philosophy, organized by the Association for Legal and Social Philosophy and University of Ljubljana Faculty of Law, is intended to present the latest findings and works in progress in the fields of legal theory, sociology and philosophy of law. 

Magazine Odvetnik (The Attorney) was first published on 1 December 1998 and is a professional and informative gazette of The Slovenian Bar Association (Odvetniška zbornica Slovenija – OZS).