Revista Română de Istoria Dreptului / Romanian Journal of Legal History

Rhetorical Tactics in the Trial of Sextus Roscius of Ameria

2025-08-27T16:37:18+00:00

Pro Sexto Roscio Amerino is Cicero’s first “criminal case”, in which he attempts to clear his client of false accusations brought by his relatives and the confidant of the dictator, who sought to exploit the pretext of the massacres ordered by Sulla. The relatives of the young Sextus Roscius accused him of parricide, claiming that in June of the year 81 BC, he had ordered his father’s murder. With the help of Chrysogonus, Sulla’s confidant, these relatives managed to have the victim’s name—despite being considered a supporter of the dictator—added to the list of those affected by proscriptio, thus allowing his estate to be auctioned. In this way, both Chrysogonus and the relatives would fully benefit from the wealth of the murdered man, while obviously excluding the son of the elder Roscius, who would thus be deprived of his inheritance. To freely enjoy the wealth they had dishonourably seized, they sought to eliminate the rightful heir by accusing him of parricidium. The case concealed a treacherous political landscape, relying on the assumption that no prominent advocatus of the time would dare to take on the defence. However, the young Marcus Tullius Cicero decided to assume the seemingly hopeless case, not so much for legal reasons but rather for political ones. His endeavour—ultimately successful—required considerable courage, precise argumentation, and skilled oratory. It laid the foundation for his reputation as an ambitious advocatus and marked the beginning of his career as an orator and a participant in public life. Later, the orator himself reflected on the recognition he gained from the successful defence speech, while also harshly criticizing his early style, considering it exaggerated and unpolished. At the same time, he acknowledged the significance of his own courage.

In the following, we will first briefly outline the historical background, then sketch the legal and legislative context of the crime that formed the basis of the accusation. Finally, we will analyse the rhetorical approach employed in Pro Roscio Amerino, particularly the oratorical tactics through which Cicero exposed the true motives and mechanisms behind the accusation, ultimately securing his client’s acquittal.

Historical Aspects of the Non translative Effect of Real Estate Contracts in Serbia: From the Serbian Civil Code to Current Legislation

2025-08-27T20:01:13+00:00

This paper explores the evolution of property rights and land registry systems in Serbia, spanning from the adoption of the Serbian Civil Code in 1844 to the dawn of the 21st century. In its early stages, three distinct systems coexisted: land registers, property deed systems, and property cadastres, with the first two serving as the primary legal records. Following the introduction of the 1844 Serbian Civil Code, which was based on the Austrian model, the land register system was established, though its implementation proved challenging. The onset of the socialist regime in 1946 ushered in a shift towards state ownership of property, with confiscation and nationalization becoming widespread practices that fundamentally altered property rights and registry procedures. However, despite these changes, private ownership persisted, albeit in limited forms. A landmark in this progression came with the 1981 Real Estate Transactions Act, which allowed the sale of privately-owned immovable property, though subject to certain restrictions. After the fall of socialism, efforts to unify and modernize property records reached a significant milestone with the establishment of the Republic Geodetic Institute in 1992. Subsequent legal reforms, including the Real Estate Transactions Act of 2014 and the 2018 Act on the Procedure of Registration in the Cadastre of Immovable Property and Utilities, reinforced the legal frameworks governing property registration and the transfer of ownership, aiming to ensure transparency and legal certainty in property transactions. This historical account delves into the interplay between legal reforms, societal changes, and property rights in Serbia over the past two centuries.

Legal-historical Analysis of the Hereditary Position of the Surviving Spouse in Montenegro

2025-08-27T20:16:48+00:00

This study traces the evolving hereditary position of the surviving spouse in Montenegro, charting its course from the Middle Ages and the socialist period to the present day. Designed to assist those who have lost their partners, this institution has undergone significant transformations, mirroring broader societal shifts. Viewed through a historical lens, this research delves into the impact of Montenegro’s culture on the role and legal position of the surviving spouses, scrutinising the state-driven initiatives and norms that have shaped its succession law. As Montenegro transitioned from socialism to a more modern landscape, this institution adapted, responding to changing social structures, economic progress, and cultural transformations. Notably, this shift seems to hark back to earlier times, before liberal socialist laws, favouring traditional views of how men and women relate rather than embracing progress in their roles. Even though modern regulations aim for equality between spouses, the lived experiences of women often reveal persistent discrimination, largely due to entrenched societal expectations. Through a thorough analysis of both historical context and contemporary challenges, this research sheds light on the process of shaping the hereditary position of the surviving spouse in Montenegro and offers a comprehensive legal-historical analysis of the development of the institution. Finally, the study delves into the assessment of whether Montenegro’s current succession law, with its specific provisions governing the status of the surviving spouse, could inadvertently perpetuate discriminatory treatment of women in their capacity as surviving spouses. It also explores effective preventive measures and practical approaches to address and mitigate any such discriminatory practices that may persist within the current legal framework.

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2025-08-26T19:13:28+00:00

Cuprins

2025-08-26T19:46:28+00:00

2025-08-26T19:52:23+00:00

The Imprint of Political Ideologies on the Composition of the Legislative – the Electoral Systems of Romania in the 20th Century

2025-08-27T20:25:41+00:00

Throughout the 20th century, Romania has experienced profound social, economic, and political transformation, each leaving its mark upon the nation’s constitutional framework. Among the most striking manifestations of these changes is the evolution of the electoral system, which has consistently sought to reflect and adapt to prevailing political currents. These electoral mechanisms have played a pivotal role in shaping the composition of the political elite, employing various methods to influence its formation. This contribution endeavours to scrutinise the distinctive characteristics of these electoral systems, with particular focus on the methods by which the political elite has been moulded over time. The principal instruments employed in the 20th century to influence the composition of the Romanian legislature included age requirements, wealth census (i.e. property qualification or property-based voting qualification), special electoral procedures, professional and occupational criteria, and exclusion from political rights.

Electoral Laws for the Chambers of the Polish Parliament in the 20th Century

2025-08-27T20:31:00+00:00

This article explores the right to vote and to stand for election in parliamentary elections in Poland throughout the 20th century, against the backdrop of evolving constitutions and electoral laws. Each constitution, together with its associated electoral ordinances, not only determined the framework governing the election of parliamentary representatives but also served as a reflection of broader political, ideological and social transformations. The purpose of this contribution is to analyse the requirements set forth by electoral laws, which played a decisive role in shaping the representation of citizens within parliament.

The Influence on the Structure of the Legislature: Examining Hungary’s Electoral Rights Throughout the 19th and 20th Centuries

2025-08-27T20:36:01+00:00

This article explores the evolution of electoral rights in Hungary in the 19th and 20th centuries, uncovering the pivotal historical moments, legislative reforms, and social transformations that have shaped the country’s electoral system as it stands today. Placing particular emphasis on the central role of members of parliament, the study seeks to trace the arduous journey towards the establishment of universal suffrage for all eligible citizens. From 1848, when parliament enacted the first modern civilian electoral law, to the absolute control of the Party under the Soviet-type dictatorship, electoral law in Hungary has undergone a dynamic metamorphosis, shaped by shifting social norms and the volatile political and military climate of each era. The entire process encapsulates the ongoing struggle between democratic aspirations and the evolving legal framework.

RRID 2024 Entire Issue | RRID 2024 format integral

2025-08-27T16:11:48+00:00

Pentru autori [RO]

2025-08-26T19:56:07+00:00

For Authors [EN]

2025-08-26T20:04:37+00:00

The Development of Mining Laws and Property Rights over Natural Resources in Hungary Since the 19th Century

2025-08-27T20:42:50+00:00

The recent discoveries of potential gold deposits in the Börzsöny Mountains have ignited intense legal and political debate in Hungary, raising fundamental questions about the ownership of mineral resources and the rights to their extraction. This article, therefore, holds not only historical importance but also provides valuable insights into the current issue by analysing the legal framework governing mining rights from the 19th century to the present. The study explores three distinct mining regimes that shaped the 20th century: the 1854, 1960, and 1993 Mining Acts. The article begins by defining key terms and addressing fundamental legal questions pertaining to mining law. The discussion then turns to the 1854 “General Mining Act”, highlighting its pivotal provisions, which will shed light on the legal traditions governing the mining sector. The third section examines the profound impact of Hungary’s territorial changes after the First World War and the influence of the totalitarian regime established after the Second World War on the aforementioned Mining Act, which led to the adoption of a new Mining Act in 1960. This section also provides an analysis of the broader legal framework imposed during the Soviet-style dictatorship, particularly its aggressive nationalisation and socialisation of mineral resources. The article proceeds to trace the development of the current regulatory framework, focusing on the liberalisation of the mining industry during Hungary’s transition to a free market economy in 1989, with particular emphasis on the significance of the 1993 Act. Finally, it compares the three legislative regimes, offering a comprehensive overview of the legal evolution that has shaped the governance of Hungary’s mining sector.

The Impact of Poland’s Democratic Transition on Mining Law: the Evolution of Mineral Resources Ownership and Extraction Rights

2025-08-27T20:53:30+00:00

This research paper delves into the evolution of mining legislation in Poland, with a particular focus on the ownership of mineral deposits and the rights associated with their extraction. The analysis centres upon two pivotal periods in the nation’s history: first, the era of the Polish People’s Republic (hereinafter PRL), during which the political and economic order was dictated by Soviet-style totalitarian regime; and, second, the subsequent transition to democracy, marked by the ascendancy of private ownership and the establishment of a free-market economy. The study commences by examining the nationalisation of the mining industry after the Second World War and the enactment of the 1953 Mining Act. This Act reinforced state dominion over mineral extraction, yet notably failed to address the issue of mineral ownership. The inquiry then proceeds to consider the transformative repercussions of the democratic transition upon these issues. Legislative reforms in this period provided clarity on mineral ownership and introduced a concession licensing system, thereby enabling private entities to engage in mining activities. This regulatory shift proved instrumental in facilitating the engagement of non-state actors in the extraction of minerals of critical importance to Poland’s economic growth and national strategic interests. By juxtaposing the legal frameworks of the PRL with those of the democratic transition, this paper underscores the enduring significance of mineral deposits in Poland’s development, while illuminating the nation’s progression towards economic liberalisation—albeit tempered by the continued supervisory role of the state over key resources.