Suchergebnisse

Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman's position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.

Particular attention in this research is paid to the regulation of property relations arising after the death of the testator in the Statute of Cres-Osor. The provisions regulating inheritance relations among family members in the content of this source confirm the importance of the family as a community as well as the importance of family property within this late mediaeval commune. In this regard, the Statute of Cres-Osor shows specific features. The equality of male and female descendants when it comes to intestate inheritance is marked by the inheritance regulation of the rare communes of the Kvarner region, including the Cres commune. In this regard, it is important to determine the position of women in marriage and family. In a period when under the influence of the reception of different legal sources, primarily of the Venetian and Byzantine ones, most Adriatic communes adopted almost identical features of inheritance law, in which the inheritance of family property is linked to a certain degree of kinship. The Statute regulated testamentary freedom and free disposal of property according to the will of the testator or for religious purposes. As the systematic analysis of the legal provisions of the statute is merely the subject of the discussions in academic community, a detailed analysis of hereditary relationships regulated by the provisions of this source will certainly contribute to understanding of the legal reality of this mediaeval island commune. This research conducts a detailed analysis into the legal source, and compares specific provisions of other close communes in order to analyse inheritance by will and intestate inheritance regulation as well as other important issues such as the position of certain categories of heirs. Moreover, it aims at detecting the origin of a separate regulation of hereditary relations in this island community.

Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.

The author in the paper present a review and description of legal regulations regarding position of the city officials and civil servants in the Osijek city administration in the period 1881-1918. Problems of the civil servants system in the city community of Osijek will be seen in relation to three groups of questions: the classification of civil servants, the payment system and the progress system. In the introduction the author gives legal definition and meaning of the terms official and civil servant. In the central part of the paper the author gives an overview and analysis normative regulation of the position of city officials and servants, ie status and wages. Legislation regulations that regulated the status and position of officials and civil servants, especially the rulebook from 1918, started a process that resulted in a growing need for expertise, in addition to experience. The author concludes that the beginnings of professional management can already be noted in the research period as people with appropriate qualifications have been employed and that accomplished organizational solutions meant progress compared to previous organization.

The European Union has been exposed to very dynamic social changes for the last decade, and the issues of migration, asylum, and the protection of the legal position of foreigners have become some of the most vibrant areas within the EU political agenda, in particular within the activities of the European Parliament. Relatively frequent migration policy changes within national legislation are the result of attempts to harmonize it with the recent EU acquis. In modern Croatian legislation, in accordance with the content of the applicable Aliens Act, there are visible attempts of legal balancing between the two dominant interests: the very extensive protection of social, political, economic, and other rights of immigrants and the security and protection of the national public policy. Nevertheless, understanding the legal position of foreigners in Croatian law demands consideration of various social and political factors and an extensive interpretation of the legal framework that has actively developed throughout history in our area. Taking into account the growing importance of immigration policy for the territory of the Republic of Croatia, the aim of this article is to determine the legal position of foreigners in the domain of private and public law throughout different periods of Croatian legal history and, ultimately, by comparing the results with the contemporary situation, question their continuity and offer some lessons for current immigration problems.

With special focus on laying the foundations for a European Education Area by 2025, "The first European Education Summit˝, held on 25 January 2018, aimed at determining how quality, inclusive and values-based education can fight the current challenges and contribute to a successful Europe. Although the primary competence for education policies lies with the Member States, the European Commission has explicitly advocated that joint efforts should be made to strengthen the European identity through education. In particular, a number of initiatives were proposed in order to foster employability in the common market, improve the international competitiveness, promote common values and develop critical thinking for an active citizenship. For all these reasons, this paper aims at determining how Croatian legal education, taking into account its tradition, can contribute to achieving those objectives. Therefore, by analyzing its history and tradition, the first part of the contribution will try to identify the specific features of Croatian higher legal education. Keeping in mind that the success of the process is often influenced by various social, political, economic and historical factors, the central part of the paper will examine the importance of education for shaping the national legal culture and, consequently, efficient harmonization. Considering the challenges that the Croatian educational system is currently facing, as a conclusion, an attempt will be made to offer some preliminary solutions in the debate on how the potential of education can be used to ensure the goals of the European Education Area.