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Chronicle of Scholarly Events in Legal History Held in the Slovak Republic and the Czech Republic in 2022

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 441-446

https://doi.org/10.4467/20844131KS.23.031.18395

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Chronicle of Scholarly Events in Legal History Held in the Slovak Republic and the Czech Republic in 2021

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 485-488

https://doi.org/10.4467/20844131KS.22.032.16180

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Chronicle of Scholarly Events in Legal History and Roman Law Held in the Slovak Republic and the Czech Republic in 2019

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 403-406

https://doi.org/10.4467/20844131KS.20.026.12522

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Chronicle of Scholarly Events in Legal History and Roman Law in the Slovak Republic and Czech Republic in 2020

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 421-424

https://doi.org/10.4467/20844131KS.21.034.14099

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Chronicle of Scholarly Events in the Field of Legal History Held in the Slovak Republic in 2018

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 451-453

https://doi.org/10.4467/20844131KS.19.018.10939

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From the Living to the Dead. The Principles of Testamentary Succession among Medieval Nobility in the Czech Lands and Hungary

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 375-393

https://doi.org/10.4467/20844131KS.15.022.4882

In the present paper, the authors attempt to give a basic explanation of one of the titles of inheritance, while they focus mainly on medieval noble testaments as documented in charters of Czech and Hungarian origin from the late 12th to the early 14th century. General observations on limitations of testamentary succession and specific features of medieval testaments are accompanied by the analysis of preserved documents. While in the Czech lands this refers mainly to a collection of mostly recipient charters, in Hungary the analysed documents are the charters produced in offices of quasi-public notaries, i.e. places of authentication that functioned from the beginning of their activities on the territory of Slovakia. The unique material going back to the origins of medieval written culture in both lands allows us to reconstruct the path and conditions leading to the issuing of testament and it also enables us to compare the developmental lines of the two neighboring Central European countries, which is a part of the final evaluation.

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Die Stadtrechtsbücher in der mittelalterlichen Slowakei und Ungarn als Beispiel des eigenen Selbstbewusstseins im Rahmen der europäischen Rechtskultur

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 327-343

https://doi.org/10.4467/20844131KS.16.017.5857

Municipal books from medieval Hungarian contain valuable information on municipal legal (judicial) and administrative agendas. They represent a rich source of undervalued information on Slovak history and historical law. Although Slovak historiography has already been dealing with municipal books for quite some time, it was mainly in the recent period that the history of municipalities and of the municipal books gained new impetus, particularly in the Historical Institute of the Slovak Academy of Sciences, in research institutes of Slovak universities, and at the Slovak Historical Society. Future possibilities for scholarly research are far from exhausted. This contribution offers an overview of the state of knowledge on medieval municipal books from the territory of Slovakia, in light of a future research potential in this area.

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The Opus Tripartitum as an Original Source of Law as well as a Source of Knowledge about Custom in Light of Late Modern Age Hungarian Jurisprudence

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 467-479

https://doi.org/10.4467/20844131KS.18.039.9481

The objective of the study is to introduce late modern age legal opinions on custom and its place among sources of law in the Hungarian legal system. It focuses especially on the characteristics and functions of custom and clarifies the relationship between custom and the law as such (lex, act) as another source of law. The Hungarian modern age is characterised by a symbiosis between custom and the law and by a related dispute about how they relate to eachother. The authors of the study focused their attention on a dispute over the derogatory function of custom in relation to the law and highlighted the trend of a major effort towards codification and the related growing importance of lex as a source of law. At the same time custom was losing its “folk character” and gradually gained a forensic form (custom formally included as a basis for court decisions). In Hungarian legal history, custom held an irreplaceable position among sources of law in the legal system, and modern age jurisprudence scholars attempted to develop or reformulate the theoretical principles enshrined in the Opus Tripartitum (1514) (J. Szegedi, S. Huszty, E. Kelemen, A. Kövy, P. Szlemenics, I. Frank, etc.).

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Traditions and prospects of remuneration of clergymen in Czechoslovakia in the period 1918–1950 and in the present Slovak Republic

Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 319-333

https://doi.org/10.4467/20844131KS.17.015.7560

Historical and legal examination of financial provision for the clergy from traditional and state-recognized churches and religious societies in Slovakia brings with it not only the historical dimension of its descriptive and analytical significance, but provides a specific social-security law and labour law basis for the current material status of the clergy, which is in many cases at an undignified and socially-deprived level due to current legislation. Substantive law, even after 28 years since the political regime change in November 1989, comes from the time of real socialism, and despite a number of cosmetic changes the several times amended Act from 1949 (!) has not escaped the framework of state supervision and paternalism, as well as social levelling of Churches, at least in the case of clerical remuneration. The aim of this study was to use short, recapitulating sketches to focus historical-legal attention on the employment basis of remuneration regulation for the clergy (i.e. its basis in the form of state support called “congruence”) in different constitutional phases of the Czechoslovak Republic in two diametrically-opposed political regimes: firstly the democratic 1st Czechoslovak Republic and then the post-war People’s Czechoslovak Republic, led and controlled by the Communists after their take-over in 1948. In conclusion, we analyse the current legal regulation of clerical remuneration in the Slovak Republic as one of the legal successors of the defunct Czechoslovak Federal Republic, and we describe the current major problems that we see as rooted in past legislation.

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Adriana Švecová

Trnava University in Trnava ( Slovakia)

Trnava University in Trnava