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SOCIETAS ET IURISPRUDENTIA – ISSUE 2019-04

FULL VERSION OF ISSUE 2019-04 (pp. 1-181, PDF, 2429 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 326 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 9-10, in Slovak, PDF, 352 kB)
Contents (pp. 11-12, in English, PDF, 342 kB)

STUDIES

Information for Authors (pp. 165-169, in Slovak, PDF, 424 kB)
Information for Authors (pp. 170-174, in English, PDF, 416 kB)
Code of Ethics (pp. 175-177, in Slovak, PDF, 403 kB)
Code of Ethics (pp. 178-181, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2019-04

FULL VERSION OF ISSUE 2019-04 (pp. 1-181, PDF, 2429 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 11-12, in English, PDF, 342 kB)

Jana Koprlová
Editorial for Winter Edition SOCIETAS ET IURISPRUDENTIA 2019 (pp. 17-20, in English, PDF, 467 kB)

STUDIES

Aleksey Pavlovich Anisimov
The “Flint Michigan Case” and Its Significance for the Environmental Legal Doctrine and Legislation of the United States of America and Russia (pp. 21-38, in Russian, PDF, 713 kB)

Abstract: The paper proves that consideration of environmental crises in the United States of America (the Flint Michigan Case), Russia or any other country, involving poisoning the residents with contaminated drinking water, is not permissible in isolation from many other social, economic, political and other factors. As it was shown on the examples of the city of Flint (United States of America) and the cities of Krasnokamsk and Nytva (Russia), the problem of poor quality drinking water, entailing poisoning of children and adults, had the main cause in poverty and economic depression in the corresponding region (municipality). The paper proposes a number of legal and social measures to mitigate the consequences of such tragedies and to create conditions for their prevention.

Key Words: Environmental Law; Environmental Protection; Water; Pollution; Health; Harm; Poverty; the United States of America; the Russian Federation.

Andrea Olšovská – Marek Švec
Pre-trial Detention and Labour Law Relationships (pp. 39-53, in Slovak, PDF, 682 kB)

Abstract: During the employment relationship, there can occur situations that prevent the employee from performing work due to reasons by both the employer and also the employee. Some situations are envisaged by the Slovak Labour Code and, during their existence, the applicable legislation provides the employee with time off and, in specified cases, also with compensation of wages. The employee being taken into custody (pre-trial detention) is one of the reasons of employee’s absence from work; although it is not so frequent, there still exist such cases. Since the Slovak Labour Code does not explicitly link the existence of such a situation to the employer’s obligation to justify absence from work, there are different views on how to deal with such a situation. The paper, therefore, seeks to present a possible solution for employers when their employees are taken into custody – pre-trial detention.

Key Words: Labour Law; Labour Code; Code of Criminal Procedure; Absence from Work; Obstacles to Work; Pre-trial Detention; the Slovak Republic.

Jakub Morávek
Legal Governance of Professional Athletics in the Czech Republic (pp. 54-62, in English, PDF, 589 kB)

Abstract: The paper focuses primarily on the legal status of a professional athlete in the legal order of the Czech Republic. The author describes possible statutes (employee, entrepreneur, professional soldier). Besides that, he also discusses the legal status of an athlete in the era of the socialism.

Key Words: Labour Law; Sports Law; Labour Code; Sports Act; Professional Athlete Status; the Czech Republic.

Veronika Kleňová
The Gifts to a Dowry (a Contribution to a donatio sub modo) (pp. 63-97, in German, PDF, 802 kB)

Abstract: The “gifts” to a dowry can be divided into three groups of cases. Their explanation should show: 1.) that the donation was in the classical Roman law incompatible with the donor’s right of recovery (condictio); 2.) that a gratuitous transaction was treated as a datio ob rem if the “donor” had the condictio in the event that the condition (modus) will not be fulfilled; and 3.) that it was not decisive for the assessment of the legal transaction as a gift in whose interest the fulfilment of the condition (modus) was.

Key Words: Roman Law; donation; Providing of a Dowry; modus; condictio ob rem; Features of a Gift; dos profecticia; dos adventicia.

Samanta Kowalska
Mental Health – Personal Right, Protection of Integrity of an Individual. On the Axiology of Human Rights (pp. 98-112, in English, PDF, 626 kB)

Abstract: Mental health is one of the highest priority values for both the individual and the system of protection of the human rights. Every person, regardless of the age and social status, desires good health. We are currently witnessing an increase in the number of cases of disorders of neurological origin. Depression and stress are taking an ever greater toll on the society. This paper presents the axiology of protection of the human rights with regards to mental health. Legislation and application of the law, in order to remain rooted in the essence of the human rights, ought to be practised in accordance with universal, timeless values that constitute the human existence and identity.

Key Words: Human Rights; Personal Rights; Mental Health; Anti-discrimination Clauses; Prevention and Protection of Mental Health; European Convention on Human Rights; European Court of Human Rights; Poland.

Viktória Koľveková
Ordering the Sale of Flat or Non-residential Premises in a Block of Flats under the Act of the Ownership of Flats – an Effective Way to Resolve Neighbourhood Disputes? (pp. 113-129, in Slovak, PDF, 698 kB)

Abstract: Neighbourhood relations are a relatively sensitive group of social relations in which many disagreements, problems or disputes arise. Not every of them can be solved by the use of commonly applied legal means. Radical solutions which undoubtedly include the court’s ordering the sale of flat or non-residential premises in a block of flats are needed in order to remedy the illegal situation caused by the act or the failure of one of the owners of a flat or a commercial space.

Key Words: Civil Law; Neighbourhood Relations; Flat; Non-residential Premises; Enforcement Proceedings; Sales Order; Auction; the Slovak Republic.

Stanislav Mihálik
To the Concept of Long-term in the Context of the Criminal Offense of Dangerous Pursuing (pp. 130-146, in Slovak, PDF, 664 kB)

Abstract: In the paper, the author deals with the criminal offense of dangerous pursuing in accordance with paragraph 360a of the Criminal Code of the Slovak Republic, which is a part of the Slovak criminal legislation with effect from 1st September 2011. The basic outline of the criminal characterization presented in the paper is supplemented by its main theme which is the interpretation of the term “long-term” by the criminal offense of dangerous pursuing. The presented paper deals with this topic in general, with respect to the opinions of individual authors as well as to the application level. The author uses in particular the starting points of the doctrine and the application practice of the Slovak Republic and the Czech Republic, while comparing them with respect to the mutual applicability of approaches. A relatively new element is the legal sentence adopted by the Criminal College of the Supreme Court of the Czech Republic no. R 41/2019 which represents in the Czech Republic some element of the completion of the formation of settled practice in relation to the interpretation of the term “long-term pursuing”.

Key Words: Criminal Law; Criminal Code; Dangerous Pursuing; Long-term; Long-term Pursuing; Interpretation of Terms; Application Practice; Supreme Court of the Slovak Republic; Supreme Court of the Czech Republic; the Slovak Republic; the Czech Republic.

Karina Divékyová
The Impact of New Technologies on Mental Health of Employees (pp. 147-164, in Slovak, PDF, 667 kB)

Abstract: In the presented paper, the author deals with the issue of mental health and stress in the workplace. In the introduction of the paper, the author defines the concepts of mental health and stress, passing smoothly to the sources of law governing these institutes. In the second part of the paper, the author defines the facts affecting the mental health of employees which are monitoring, cyberbullying, mobbing and bossing or technostress. In the third part of the paper, the author deals with the issue of the burnout syndrome as a result of a workplace stress. The fourth part of the paper focuses on the means of preventing stress in the workplace. In the final part of the paper, the author formulates de lege ferenda proposals.

Key Words: Labour Law; Mental Health; Stress; Technostres; Cyberbullying; Burnout Syndrome; the Slovak Republic.

Information for Authors (pp. 170-174, in English, PDF, 416 kB)
Code of Ethics (pp. 178-181, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)