In the first year of the First World War, several cases of war transport abuse came to light in Hungary, which were of great social interest and caused extremely significant material and moral damage. One of the largest of these was the so-called baize fraud case. The special feature of these cases was that some of the defendants were military personnel, while others had civilian status. In Hungary, the practice has developed that both categories of persons are tried by military courts. This study aims to provide a comprehensive overview of the historical facts of the case, the legal context of the case, and the decisions of the courts of first and second instance.
Comparative law. International uniform law, History of Law
The article examines the canonical legitimacy of imposing the punishment of prohibition of wearing ecclesiastical dress in the case of crimes <i>contra sextum minore</i> committed by clergy. They were included by the universal legislator among the most serious crimes reserved for the Dicastery for the Doctrine of the Faith. It should be considered inevitable and necessary to impose expiatory penalties in the case of committing such crimes, and among the penalties that can be applied, the legislator lists the prohibition on wearing ecclesiastical dress. Although this punishment may not seem too burdensome at first glance, it nevertheless has a deep doctrinal justification, as the author shows by invoking canonical arguments. It also draws attention to the legitimacy of this penalty in the light of the principle of giving absolute priority to those who have been harmed. This principle should always be considered when imposing penalties for offences against the dignity of minors.
Objective: In order to provide a comprehensive and coherent view of social turmoil, the purpose of this study was to design a multilevel model of social turmoil and its effect on the observance of behavioral norms in stadiums.Methodology: The research was applied in terms of purpose and mixed in terms of implementation method (qualitative and quantitative). The statistical population of the research in the first part included existing and available research in valid scientific databases in the field of social turmoil and in the second part was the spectators and managers of football clubs in 1398. Sampling was performed by purposive and available methods. The identification of the desired factors was done by meta-combination method and determining the relationships between them with the help of interpretive structural modeling.Results: The results showed social turmoil at four social levels (global developments and cultural transition, lack of justice in resource distribution, culture industry and lack of agreement on the fundamental values of society), organizational level (base incompatibilities, functional inconsistency of community institutions, non-legislative Necessary and weak (lack of necessary structures), group (ethnicity and sports teams, politicians entering the field of sports, informal groups) and individual level (personal characteristics, family history, lack of self-management, internal and external motivation, economic poverty) was classified. The results also showed that there is a statistically significant inverse relationship between the two variables of feeling social turmoil and the degree of observance of spectator behavioral normsConclusion: Managers of clubs and stadiums should consider legal facilities for sports spectators as good citizens. The People's Police should be formed by the fan club from among the spectators and the necessary preparations should be made for each match by the officials, and they should make careful and appropriate plans before the match in accordance with the rules and standards.Considering the results of the research which showed that the more control and the possibility of punishment for the norm-breakers, the more the development of the principles of fair play increases and the more the beauty of the sport and its enjoyment, so it is suggested that Sports clubs should be organized in a systematic manner and have a serious and effective participation in the development of a moral charter in accordance with the cultural conditions of Iranian society. It is also suggested that spectator rights in sports environments, both before and during competitions, in which the behavioral, verbal and behavioral indicators of officials and police with spectators are precisely defined and to train it through training sessions. Hold public events and workshops. It is suggested that during a systematic and continuous process, good and law-abiding spectators be identified and encouraged through the fan club, and that the managers of clubs and stadiums consider facilities for sports spectators as good citizens according to the law. It is suggested that the People's Police be formed by the fan club from among the spectators and that the necessary preparations be made for each match by the officials, and that they make careful and appropriate plans before the match in accordance with the rules and standards. Win-lose thoughts are not encouraged as much as possible by coaches, managers and players, and the nature of sports participation and enjoyment of the match is promoted.
Mehdi Abbasi, Reza Shajari qasemkheili, Seyed Hassan Shojaee divkalaee
Abstract
The issue of endowment (waqf) is one of the most important issues in the history of Islamic Iran. This importance stems from its impact on various religious, political, social, and economic aspects. Therefore, in the history of Iran, governments have always tried to interfere in the affairs of endowments. The first Pahlavi government also followed the same method. This government made fundamental changes in endowment affairs, as in other areas including political, economic, social, and cultural structures of Iran in the Qajar era. The present study aims to answer the question of: How was the endowment affairs organized in the first Pahlavi era and what were its educational goals? The historical method and archival documents, publications, and other historical sources were used in this study.
The findings show that the Pahlavi government during a ten-year process, through the approval of new laws, was succeeded in organizing endowments and making changes in that area with the aim of quantitatively and qualitatively developing the country’s educational system. This goal was achieved by using endowments and spending the proceeds of endowments in the fields of construction (construction of educational buildings), education (promotion of education and provision of educational resources), and publishing books.
Introduction
The issue of endowment in the history of Iran has been considered since ancient times. With the rise of Islam and its widespread emphasis on endowment and benevolence, its functions and uses increased. The importance and credibility of the endowment institution in Iran are such that some people believe that the correct recognition of the Iranian court is not possible without accurate recognition of the endowment institution. In the Qajar era, with the increase of political and religious influence of the clergy, the power of the clergy in managing the spiritual and financial affairs of the endowments was restored and despite the efforts in the Naseri and constitutional era, the power and influence of the Ulama over endowment affairs remained until the end of this period. So, the first Pahlavi government inherited the structure of the Qajar government in endowment affairs. This structure of the endowment system was not favorable in the first Pahlavi government for various reasons. That's why the Pahlavi government, after consolidating the foundations of its power, sought to organize endowment affairs for its goals. Explaining the evolution of the endowment system and analyzing the educational goals of Reza Shah are the most important concerns of this study.
Materials and Methods
This study aims to answer the question of: How was the endowment affairs organized in the first Pahlavi era and what were its educational goals? To gather the data, the historical method and archival documents, publications, and other historical sources were used in this study.
Discussion of Results and Conclusions
One of the goals of the first Pahlavi government was to achieve political centralization. Creating a bureaucracy and training an efficient bureaucrat was one of the necessary institutions and tools for creating political centralization. According to this principle, bureaucracy and its development as the tools to create political concentration were considered by the first Pahlavi government. The realization of this issue depended on the development of the country's educational system. The development of the educational system also required the provision of financial resources. It was not possible to finance these expenses only through the annual budget of the Ministry of Education. For this reason, the Pahlavi government had to seek other financial resources to cover the expenses of the country's educational system. One of these sources was the income from endowments. Accordingly, the Pahlavi government tried to organize the endowment system of the country and finally succeeded in approving the endowment law in 1313 AH. In this way, it would provide the necessary financial resources to achieve its goals.
However, before approving this law, the Pahlavi government tried to use the revenues of endowments in the development of the country's educational system. This process intensified after approving the Endowment Law. After that, the Pahlavi government organized the endowments in a purposeful manner and sought to use the endowments and their revenues in the field of educational development. Endowment and its revenues were used in three parts including construction, educational expenses, and publishing books. In the construction expenditures part, the Pahlavi government acted in two fields of building schools in endowment fields and constructing schools from endowment revenues. In the field of educational expenditures, endowments and incomes were used in some ways including the provision of teachers' salaries, the provision of tuition, accommodation expenses for students, and the establishment of a preaching institute. In addition, the Pahlavi government published some books and established libraries from endowments revenues. Thus, the first Pahlavi government succeeded in organizing the country's endowment system to take steps towards achieving its goals by using endowment and its revenues in the development of the country's educational system. The most important of these goals was to train the necessary force to create an efficient bureaucratic system in order to create a political concentration in the country.
History (General) and history of Europe, History of Asia
The initial stages of formation of the Ancient Russian state was marked by active military-political contacts with Byzantium and the countries of the Caucasus, Rus campaigns on Constantinople and the Caspian sea region. Analysis of Eastern and ancient sources allows to conclude that most large-scale campaigns of the Rus in the Caspian sea was a planned follow-up to the Prince's campaigns to Byzantium.
Law, History of scholarship and learning. The humanities
The article discusses the influence of ethnic identity on the originality of the artistic culture of the people, analyzed various aspects of the creative process and stresses the importance of preserving ethnic identity of artistic forms.
Law, History of scholarship and learning. The humanities
The authors underline that the decisions of international criminal tribunals in Rwanda and the former Yugoslavia are valid for the domestic criminal law system. This is especially important; since it is in them that an official explanation of the essence of war crimes and crimes against humanity is given. However, in decisions of international ad hoc tribunals, acts that were similar in objective and subjective terms (murder, torture, acts of sexual violence and others) were qualified in some cases as war crimes, and in others as crimes against humanity. In accordance with applicable convention norms, the commission of acts of violence against prisoners of war and persons equated with them, as well as against prisoners during internal armed conflicts, should be regarded as a war crime. Therefore, the main problem in qualifying an offense as a crime against humanity or a war crime arises only if the victims are civilians. Based on the requirements of international criminal law and the decisions of international ad hoc tribunals, if a criminal act (when all «conventional» and «contextual» conditions are established) was committed against representatives of the civilian population during an armed conflict of international or non-international character or in direct connection with such conlict, it must be qualiied as a war crime. In accordance with conventional norms and general norms of international law, in order to qualify an offense as a crime against humanity, the context of «widespread» and/ or «systematic» attacks on the civilian population must be established. The position of the International Tribunal for the Former Yugoslavia that the attack on the civilian population does not have to be both large-scale and systematic is fundamentally important. This act can be qualiied as a crime against humanity if it meets at least one of these «contextual» conditions. In the decisions of the international ad hoc tribunals, one more principle has been developed for qualifying crimes against humanity: the involvement of the state in committing crimes against humanity (in the form of implementing a «plan» or «policy») is not a mandatory feature.
Law, History of scholarship and learning. The humanities
Abstract This article uses the metaphor of turntablism to shed light on the confinement of international lawyers’ engagement with history to the terms, vocabularies, and categories of the very historical narratives they seek to evaluate, disrupt, or displace. For the sake of this article, turntablism is understood here as the art of creating new music and sound effects by using one or several turntables on which a record is placed. This article argues that twenty-first century international lawyers engaging with the history of international law are talented turntablists in that the many historiographical works of international lawyers produced since the so-called ‘historical turn’ have remained confined to the very terms, categories, and vocabularies of the histories whose creation they have been discoursing and theorising. This article ultimately shows that turntablism is not the inevitable fate of international lawyers engaging with history, and that a radical historical critique is possible and should be promoted.
The previously unpublished in Russian document written by Metropolitan of Philadelphia Meletius Typald, stands on the watershed in the history of the Greek fraternity of Venice and of Orthodoxy in Italy in the Early Modern period. It came to be the last known text that Meletius wrote as an Orthodox hierarch, therefore his pathos and circle of problems are noteworthy in the context of the subsequent steps of its author. The message not only touches upon the issues related to inter-Christian relations at the turn of the 17th — 18th centuries, but also introduces the reader to the topic of state-confessional relations, which is important not only for the Orthodox, but for the Catholic Church in the Venetian Republic. The state of the Orthodox Church in the Ionian Islands is evaluated critically in the letter, through the prism of applying canonical and administrative law in the moral life of the clergy and believers. At the same time, the author does not forget his political goal in revealing the shortcomings listed by him, insisting on the desirability of transferring to him control over these dioceses. For Russian history, this document is of interest, since it was written during the stay in Venice of Moscow stolniks (palace servants) sent by Tsar Peter to teach maritime aff airs. They met with Typald and left memories about the communication with him. And if Meletius was very sincere with Russian Catholics P. Rogovsky and P. Artemyev, he presented himself to B. P. Sheremetev and the navigators as a paladin of the Orthodox faith.
History of Russia. Soviet Union. Former Soviet Republics, History and principles of religions
So long as there is law there can be no universal human right to peace. This is because legalized violence, whether in threat or in deed, constitutes the very antithesis of peaceful relations from the point of view of those whom law represses. Law cannot define peace as the absence of all violence—and still less as the absence of all legalized suffering—without gainsaying justice, for as Pascal says, “Justice without might is helpless; might without justice is tyrannical.” Although legal outcomes, like falling boulders and pouncing lions, can always be imputed to historical causes, experience teaches that legal actors generally seek to legitimate their deeds by grounding the law in some non-causal narrative of the right or the good. According to a tenet of political liberalism that can be traced to Descartes’ discovery (or invention) of the irreducible “I” that thinks, the legitimacy of law’s narrative is both given and taken by free and rational politico-legal subjects. In truth, however, the Western philosophical tradition gives us two separate grammars for discussing what it takes to be two different kinds of rational subjects: the causal subject and the grounding subject. The causal subject stands in a relation to the world. Acting strategically as the cause of effects, it uses the object world and other human beings as means to its ends. But the causal subject is also itself caused: its desires and actions are effects of history in the largest sense of the word. Such a one is fated by grammar and custom to become an object and a means in its own right: an object for scientific inquiry and knowledge, for example, and, more generally, a means to the ends of other causal subjects. From the standpoint of the causal subject, there can be no human right not to use or be used as a means.
Unlike the causal subject, the grounding subject is supposed to be a genuine origin rather than a mere link in an infinite chain of causes and effects. In Greek terms, this subject is an archē as opposed to an aitia. It also corresponds to the original Latin meaning of the word “sub-ject”: it is thrown (jacere) under (sub) its world as (not in) an unmediated relation to its projects. This second kind of subject has gone by many different names, including “soul” (Plato), “freedom” (Kant) and “Spirit” (Hegel). In one way or another, the idea of the grounding subject performs its primary task within the moral sphere: it is supposed to provide a secure foundation which explains how it is possible for its doppelganger, the causal subject, at once to accomplish something in the world and to refute Plautus’s notorious argument that man is wolf to man. If the causal subject reacts in the manner of an animal, then the grounding subject allegedly responds in the manner of an animal rationale. If the causal subject produces effects, then the grounding subject is supposed to create and bear responsibility for those effects.
Given the foregoing distinctions, the most pressing juridical and moral question facing twenty-first century humanity seems to be: How can law and politics become at once effective and just, coercive and compassionate, responsive and responsible? How, in short, is it possible (to borrow Kant’s somewhat quaint terminology) to use oneself and other human beings simultaneously as ends and as means? But here, as elsewhere in philosophy, appearances can be deceiving, for this question presupposes far too much.
This paper investigates the strong connection between the foregoing concepts of subjectivity and the notion of a just peace. The question is not, “Are there rational subjects and can they found something new, such as a just peace?” Instead, the question at the heart of the matter is how something as flimsy and ephemeral as an “idea” could ever found anything at all. I will attempt to unmask the terrible tensions or contradictions between justice and ethics, freedom and responsibility, and reason and compassion, and trace them to their origin: the will (or desire) to deny tragedy. I claim that the concept of the grounding subject represents a desperate and ultimately futile attempt to repress awareness of (and evade personal responsibility for) the essential sadness and tragedy of the world. Reason and faith provide the human body with a thin tissue of grounding statements comprised of symbols and images. At best these symbols and images are mere stimuli: action-triggers that will never adequately span the vast existential distance separating the grounding subject from the causal subject, our ends from our means, our words from our deeds, and, more generally, human suffering from the endless secular and religious casuistries we offer to justify it.
تا زمانی که قانون وجود دارد هیچ حقوق بشر جهانشمولی برای صلح وجود نخواهد داشت. این به جهت آن است که خشونت قانونی، چه در عمل و چه در تهدید، از دید کسانی که قانون آنها را به اجبار سرکوب می کند، با روابط صلح آمیز بسیار متضاد است. قانون نمیتواند بدون آنکه عدالت را نقض کند صلح را فقدان خشونت تعریف کند. همان طور که پاسکال میگوید: «عدالت بدون قدرت بیفایده و قدرت بدون عدالت مستبدانه خواهد بود.» هرچند عواقب قانونیِ حوادثی مثل سقوط تخته سنگ و چنگ اندازی شیرها همیشه میتواند به دلایل تاریخی نسبت داده شود، اما تجربه به ما میآموزد که بازیگران حقوقی به طور معمول برای قانونی و مشروع نشان دادن اعمالشان، قانون را بر اساس برخی روایتهای غیر علّی از «حق» و «خوب» پایه گذاری میکنند. بر اساس یک انگاره لیبرالیسم سیاسی که نشانههای آن در اختراع یا (کشف) «من» غیر قابل تقلیل، که فکر میکند آشکار میشود، مشروعیت روایت قانون توسط موضوعات آزاد و عقلانی سیاسی-قانونی اعطا و اخذ میشود. به هر حال در حقیقت، نسبت فلسفی غرب به ما دو ساختار جداگانه برای بحث و بررسی آنچه را که مورد نیاز دو نوع موضوعات عقلانی: پایهای و علّی است، ارائه میدهد. موضوع علّی در رابطه با جهان است. عملکرد استراتژیک از آنجایی که منشا اثر است، از جهان مادی و وجود انسان به عنوان غایت خودشان استفاده میکنند. اما موضوع علّی به خودی خود ایجاد میشود: خواستهها و اقدامات آنها متضمن اثرات تاریخی به وسیعترین معنای کلمه است. چنین فردی با چنین ساختار و سنتی تبدیل به یک مقصود و یک وسیله در حق خود میشود: به طور مثال یک موضوع برای تحقیق و دانش علمی و به طور کلی وسیلهای برای اهداف موضوعات علّی دیگر خواهد بود. از دیدگاه موضوع علّی حقوق بشر نمیتواند وجود داشته باشد که مورد استفاده قرار بگیرد یا به عنوان وسیلهای مورد استفاده باشد.
برخلاف موضوع علّی تصور میشود که موضوع پایهای یک منبع واقعی باشد، نه صرفا یک پیوند در زنجیره بینهایت علل و اثرات. در اصطلاح یونانی این موضوع یک آرخه در مقابل آیتیا است. همچنین این منطبق با معنای اصلی لاتین کلمه sub-ject است. موضوع دوم توسط بسیاری از مفاهیم مختلف از جمله نفس (افلاطون)، آزادی (کانت) و روح (هگل) تعریف شده است. در هر صورت، ایده موضوع پایهای کار اصلی خود را در حوزه اخلاقی انجام میدهد: این مفهوم قرار است یک پایه امنی ایجاد کند و توضیح دهد که چگونه موضوع علّی به عنوان یک ظهور مظاعف ممکن است و همچنین به رد نظریه پولوتوس مبنی بر اینکه انسان گرگ انسان است، بپردازد. اگر موضوع علّی بر اساس شیوة حیوانی واکنش نشان میدهد، پس موضوع پایهای به شیوه منطقی حیوانات پاسخ میدهد. اگر موضوع علّی عامل ایجاد اثرات باشد، پس موضوع پایهای ایجاد کننده است و مسئولیت آن اثرات را به عهده میگیرد.
با توجه به تمایزات ذکر شده به نظر میرسد مهم ترین مسئله حقوقی و اخلاقی بشر که در قرن بیست و یکم قرار دارد این است که: چگونه قانون و سیاست میتوانند به یکباره، موثر و صرف، قهرآمیز و دلسوزانه، پاسخگو و مسئولیت پذیر باشند؟ به طور خلاصه، آیا ممکن است (با استفاده از ادبیات ظریفِ) کانت، از خود و دیگر انسانها، به طور هم زمان به عنوان غایت و وسیله استفاده کرد؟ اما در اینجا مانند جاهای دیگر در فلسفه، ظاهر میتواند فریبنده باشد. زیرا این سئوال پیش فرضهای زیادی دارد.
این مقاله ارتباط قوی بین مفاهیم قبلی موضوعیت و صلح را بررسی میکند. سؤال این نیست که «آیا موضوعات منطقی وجود دارد و آیا میتوانند چیز جدیدی مانند صلح عادلانه پیدا کنند؟» در عوض، سؤال اصلی و حیاتی این مسئله این است که چطور چیزی سست و بیدوام، مانند «ایده» قادر است چیزی را پیدا کند؟ من تلاش خواهم کرد تا تنشهای وحشتناک یا تناقضات بین عدالت و اخلاق، آزادی و مسئولیت، عقل و دلسوزی را پیدا کنم و منشا آن را ردیابی کنم: اراده (یا تمایل) به انکار تراژدی. من ادعا میکنم که مفهوم موضوع پایهای بیانگر یک تلاش ناامیدانه و بدون هدف نسبت به خنثی کردن آگاهی (و فرار از مسئولیت شخصی) از غم و اندوه ذاتی و تراژدی جهان است. عقل و ایمان وجود انسان را با یک بافت نازک از اظهارات پایهای که شامل نهادها و تصاویر است میپوشاند. در بهترین حالت این نمادها و تصاویر تنها محرک هستند: اقداماتی که هرگز به اندازه کافی فاصله وسیع وجودی جداکننده بین موضوع پایهای از موضوع علّی را گسترش نمیدهند. همچنین غایات ما از منظورهایمان، سخنان ما از اعمالها، و به طور کلی از رنجهای انسان از سکولار بیپایان و سفسطه مذهبی که در تلاش برای توجیه آنها هستیم.
By the turn of the twentieth century the absence of codified law governing private economic transactions was a key target of foreign and Chinese critiques of the imperial legal system. Expectations ran high that China's first legal transplant, the 1904 Company Law, would lead to unprecedented public investment in large-scale industrial projects. Their disappointment, and the continued dominance of small business in the Chinese marketplace, has been attributed to factors ranging from Chinese cultural aversion to impersonal investment to shortcomings in the law itself. This study shifts our attention to the indigenous practices that company law was meant to supplant, examining the diverse sources of Chinese shareholding practices and the rich menu of options they provided investors. Most importantly, it argues that by the late imperial period shares were well-established as abstract income producing assets that could be bought and sold, creating the possibility of partnership relationships that could be both impersonal and long-lived despite the absence in China of a formal company law. That this tradition did not lead to the emergence of an analogue to the corporation in the West raises new questions about the demand for such entities and the role of transplantation in suppressing indigenous solutions to business problems.
In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light of the question whether hard cases make ‘bad law’. To answer this question, different cases on euthanasia and assisted suicide and the reception of these cases are considered. The analysis demonstrates that the Court appears to adhere to its established methods of interpretation when deciding cases concerning euthanasia and assisted suicide, particularly evidenced by the use of the margin of appreciation. When considering the application of the margin of appreciation by the Court in the selected cases, as well as the lack of consensus among Member States in these cases, it appears that the Court’s interpretations cannot be classified as bad law.
Law of Europe, Law in general. Comparative and uniform law. Jurisprudence
The global threat of Al Qaeda post 9/11 and ISIL, increased Sunni-Shia conflicts, and violence in the Middle East and Pakistan dominate headlines and challenge governments in the region and globally. Both Muslim extremists and some Western experts and observers speak of a clash of civilizations or a culture war in Muslim-West relations. Both the discourse and violence yet again raise questions about the relationship of Islam to violence and terrorism: is Islam a particularly violent religion? Critics cite Quranic passages, doctrines like jihad and events in Muslim history as strong indicators and proof that Islam is the primary driver of Muslim extremism and terrorism. What do the Quran and Islamic law have to say about violence, jihad and warfare? What are the primary drivers of terrorism in the name of Islam today? This article will address these questions in the context of development of global jihadist movements, in particular Al Qaeda and ISIL, their roots, causes, ideology and agenda.
Recenzja: Prawna ochrona zabytków, red. Teresa Gardocka, Jacek Sobczak, Wydział Prawa Szkoły Wyższej Psychologii Społecznej, Wydawnictwo Adam Marszałek, Warszawa 2010, ss. 404.
History (General) and history of Europe, History of Law
This contribution deals with the anti-Jewish property regulations, which were issued during the period of the Protectorate of Bohemia and Moravia (1939 - 1945). Attention is paid to both, the regulations of the Protectorate Ministries and to the regulations of the Reich Protector of Bohemia and Moravia, the most important being the Decree about Jewish property from June 1939.
History (General) and history of Europe, History of Law
The first codification of inheritance law in Lithuania was enshrined in the 1st Lithuanian Statute of 1529. Subsequent amendments to the Statute took effect in 1566 and 1588. They set forth the principles of bequeathing that provided that the last will was to be made when thetestator was still in good health, it required the presence of witnesses, and needed to be subsequently endorsed by a court with proper jurisdiction. When the first two Statutes were in force, frequent witnesses of the will were members of the clergy who, apart from enjoying respect, belonged to the relatively small group of the literate in those times. Later, however, in the 17th and 18th centuries, it was members of the family, or friends, who were called to testify, and the last will made in accordance with the binding laws was subsequently enforced upon the testator's death, even if it lacked the seal. The Lithuanian inheritance law was adjusted to the needs of the people in Lithuania, where acts of the last will were usually drafted in the last weeks of a person's life, when the illness prohibited the testators to make a will in the presence of a clerk in office. The Act provided for such situations, thus enabling the ill, disabled and the illiterate to leave a will as well. After the testator's death, the last will was executed and duly entered in land and mortgage (land register) files. The entries included: the date of the act, entered according to the Julian or Gregorian calendar, the names of the witnessing clerks, information on the persons present at the activation process, as well as the details of the testator and the beneficiaries of the will. The last will was usually read out at the funeral. Certain legacies, e.g. in favour of churches or temples, were frequently challenged by the family of the testator. In towns and cities, the principles of inheritance were usually regulated by Magdeburg law, which sought to protect the interest of natural heirs. It included a remedy not known in statutory law, i.e. specific performance, obliging to implement the last will within a year. That principle did not, however, precise the date of which that one-year period would run: the death of the testator, or the date at which the will was filed for activation. Further, last wills could not be executed if they contained provisions contradictory to common law, good practice, or the principles of piety or honesty. Last wills of the modern times made in the territory of the Grand Duchy of Lithuania had a specific structure and consisted of a preliminary protocol (invocativo, intitulario, arenga, a testing ability condition); the actual part (dispositio, corraboratio) and a final protocol (date, witness details, signatures)
History (General) and history of Europe, History of Law