Sessions and conferences by Nikol Žiha
The ancient Roman Empire utilized, promoted and relied upon long-distance maritime trade in a sca... more The ancient Roman Empire utilized, promoted and relied upon long-distance maritime trade in a scale unprecedented in the ancient world. This led to the development of both trade networks that made possible the growth of urban centres, water-related infrastructures and economic specialization, but also a normative framework, which enabled trade and commerce across political, linguistic and cultural boundaries. The purpose of this workshop is to explore the emergence of the Roman system of maritime trade both as a logistical and a normative enterprise. The technology of transportation, from the ships to the ports and warehouses, developed in tandem with the rules that governed that trade. The conference will benefit of communications that place legal theory versus daily sea practices. The organizers invite paper proposals for a number of central themes relating to the topic. The issues addressed are:-Food distribution and the annona;-Taxation;-Socio-legal structure of maritime enterprises;-Administration and regulation of port environments-Risks and hazards of seafaring (e.g. piracy)-Financing maritime trade-Stockage and warehousing-Freedom of navigation and the administration of trade (migration, control of movement)-Interaction between native and Roman law (issues of compliance and enforcement, dispute resolution) The proposals should be 400-500 words long and accompanied by a short CV of the author.
Papers by Nikol Žiha
Pravni vjesnik, 2024
According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied wi... more According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied with the Croatian judiciary, particularly its independence and efficiency. This paper addresses the deep-rooted challenges in the country's legal education system. Despite reform initiatives, the current system serially produces 'legal technicians' lacking values, critical thinking capacity, and active student engagement. This echoes Montesquieu's depiction of legal practitioners as 'mouths that pronounce the words of the law.' Acknowledging the pivotal role of legal education methodology in the creation of future legal practitioners and legal culture, this contribution explores how an average regular educator can support the development of students' moral reasoning and values awareness. Through predominantly analytical research methods, we critically examine whether higher education environments should incorporate value education, the feasibility of teaching values in the traditional sense, and the potential of ethical analysis in a classroom to truly influence ethical behaviour in practice. Furthermore, we explore the complex matter of authority to decide on values to be imparted and delve into value education methodology. Concluding with practical suggestions, we propose the integration of the Evocation-Realization of meaning-Reflection (ERR) framework into lectures, as well as various creative tools to enhance moral reasoning.
Pravni vjesnik, 2024
According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied wi... more According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied with the Croatian judiciary, particularly its independence and efficiency. This paper addresses the deep-rooted challenges in the country's legal education system. Despite reform initiatives, the current system serially produces 'legal technicians' lacking values, critical thinking capacity, and active student engagement. This echoes Montesquieu's depiction of legal practitioners as 'mouths that pronounce the words of the law.' Acknowledging the pivotal role of legal education methodology in the creation of future legal practitioners and legal culture, this contribution explores how an average regular educator can support the development of students' moral reasoning and values awareness. Through predominantly analytical research methods, we critically examine whether higher education environments should incorporate value education, the feasibility of teaching values in the traditional sense, and the potential of ethical analysis in a classroom to truly influence ethical behaviour in practice. Furthermore, we explore the complex matter of authority to decide on values to be imparted and delve into value education methodology. Concluding with practical suggestions, we propose the integration of the Evocation-Realization of meaning-Reflection (ERR) framework into lectures, as well as various creative tools to enhance moral reasoning.
Pravni Vjesnik
This paper seeks to examine the special legal nature of the Croatian seashore as a common good an... more This paper seeks to examine the special legal nature of the Croatian seashore as a common good and the challenges of its commercial use. It was Roman law that first recognized the seashore as a thing that was res communes omnium – common property of all men under natural law. Roman jurist Marcian defined it as all air, running water, sea, and the seashore as far as the high-water mark. In Croatia, based on this Roman doctrine, the seashore is considered a maritime domain, the welfare of which is of interest to and under special protection of the state. Although maritime domain should not be presumed as a subject of ownership or commerce (extra commercium), due to numerous legal exemptions, its common good-character has become a point of contention.Contemporary legal solutions in Croatia (especially the Act on Ownership and Other Real Rights (Zakon o vlasništvu i drugim stvarnim pravima), the Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama), and the Concess...
Zbornik Pravnog fakulteta u Zagrebu
The subject of this paper is non-contractual liability of physicians in Roman law. Contrary to th... more The subject of this paper is non-contractual liability of physicians in Roman law. Contrary to the common perception of Roman society, where “only a physician can commit homicide with complete impunity” (Plinius, Nat. Hist. 29,8), parallel to the development of medicine, rudimentary stages of a physician's liability for damage through negligence also evolved. Through the interpretation of available legal sources, focusing particularly on situations concerning slaves and free persons as patients, the forms of legal protection of patients are primarily determined. Special attention in the central part of the paper is devoted to the problem of causality and the development of fault-based liability. The last part of the paper examines the forms of compensation for damage, based on which conclusions are finally drawn about the extent of the development of medical liability ex delicto.
Zbornik Pravnog fakulteta u Zagrebu, 2021
The paper explores the emergence of contractual liability of physicians in Roman law. Although me... more The paper explores the emergence of contractual liability of physicians in Roman law. Although medicine was in its rudimentary form, the question of the nature of medical liability was problematized as early as the antiquity, when the principle of a physician’s responsibility for negligence, but not necessarily for the ultimate success of a treatment, developed. After initial considerations aimed at identifying who was to be recognised as a physician and what qualifications had to be met in order to be considered a part of the medical profession, through the analysis of legal sources, the central part of the paper aims to determine the legal nature of the contract and, accordingly, the legal protection available to the patient. The final part of the paper examines the preconditions for medical liability, as well as compensation, and concludes with a review of the basic principles that laid the foundation for further development of a physician’s liability for damage caused by a viola...
The traditional ‘gator’ wine cellar in the region of Baranja is already a well-established cross-... more The traditional ‘gator’ wine cellar in the region of Baranja is already a well-established cross-border attraction and protected cultural resource of economic importance to the regional tourism of Slavonia and Baranja. Due to its unique architectural form created by digging and casting into the soft hill as opposed to building, the cellar may extend below ground in two separate cadastral parcels. In the legalization procedures that have been extensively pursued in recent years, many cases appeared in which a cellar was constructed below a neighbouring land plot without a valid construction permit and the owner’s approval. Outlined practices are contrary to the rule of the legal unity of real property (superficies solo cedit)—one of the main principles of Croatian property law adapted through the Roman legal tradition. Considering that the cadastre and land register do not always reflect the actual situation of the real estate because they were not accurately maintained during the period of former SFR Yugoslavia, it could cause legal uncertainty in real property trading and generate further problems in the economic exploitation of the protected objects. By analysing the legal position of ‘gators’ within the framework of Croatian property law, the objective of this paper is to define its legal nature and address the potential practical problems that arise through their commercial usage. Consequently, this article aims to provide solutions how to overcome the challenging issues resulting from breaking the unity of real property.
Cilj ovog istraživanja je analiza utjecaja globalnih pravnih sustava (posebice rimskog i kanonsko... more Cilj ovog istraživanja je analiza utjecaja globalnih pravnih sustava (posebice rimskog i kanonskog prava) na razvoj lokalnih pravnih poredaka u Mađarskoj i Hrvatskoj na primjeru instituta „pravedne cijene“ (iustum pretium). Prvi dio rada je stoga posvecen istraživanju nacela laesio enormis, nastojeci prvenstveno odgovoriti na pitanje, jesu li norme rimskog prava uspjesno harmonizirale slobodu ugovaranja s nacelom jednake vrijednosti cinidaba. Potom, ako se utvrdi da je rimsko pravo uspjelo pomiriti zahtjeve vladavine prava i stabilnog trgovackog prometa sa zahtjevom uklanjanja nejednakosti i nacelom pravicnosti, od kojih su oba imali svrhu zastite gospodarski slabije ugovorne stranke, potrebno je ispitati u kojoj mjeri je to ostvareno. Drugi dio rada usmjeren je na rasclambu shvacanja o iustum pretium u srednjovjekovnoj rimskoj pravnoj tradiciji i u srednjovjekovnom kanonskom pravu. Na temelju spoznaja dobivenih tom rasclambom, u sredisnjem dijelu rada nastoji se istražiti možebitni...
EU and Comparative Law Issues and Challenges Series, 2020
Mostly due to negative demographic trends and unfavourable ratios between the inactive and active... more Mostly due to negative demographic trends and unfavourable ratios between the inactive and active working population, prejudiced ideas against older people, that they are unproductive and redundant, are contributing to discrimination and their exclusion. Although human rights should not diminish with age, we are nowadays witnessing discriminatory practices against the older persons considering employment, social protection and access to services. The social construct of 'ageism', according to which older people are treated differently because of the attitudes relating to their age, is not a contemporary idea. Rather, it is a human rights issue that has existed throughout history. Examining the extremely positive and negative descriptions of elderly in ancient Roman literature, the first part of this article contains an analysis of the legal and social position of older people and, consequentially, their contribution to society. Focusing on the concept of 'active ageing', specifically propagated by the Article 25 of the Charter of Fundamental Rights, the second part of the paper will tackle the existing efforts of the EU in the struggle against ageism. Although Croatian national legislation is largely aligned with the European acquis, due to the large margin of discretion left to Member States, a systematic approach to care for the elderly is still lacking, not to mention its effective implementation. Finally, by exploring the experiences from the past and reflecting on the current EU policy advancements, the goal of this paper is to facilitate a vital shift from the paradigm of the old people as a burden of passive service recipients towards active participants in society.
EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES, Jun 1, 2019
The European Union has been exposed to very dynamic social changes for the last decade, and the i... more 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.
EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT, 2018
With special focus on laying the foundations for a European Education Area by 2025, "The first Eu... more 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.
8 th INTERNATIONAL SCIENTIFIC SYMPOSIUM ECONOMY OF EASTERN CROATIA -VISION AND GROWTH, 2019
The traditional ‘gator’ wine cellar in the region of Baranja is already a well-established cross-... more The traditional ‘gator’ wine cellar in the region of Baranja is already a well-established cross-border attraction and protected cultural resource of economic importance to the regional tourism of Slavonia and Baranja. Due to its unique architectural form created by digging and casting into the soft hill as opposed to building, the cellar may extend below ground in two separate cadastral parcels. In the legalization procedures that have been extensively pursued in recent years, many cases appeared in which a cellar was constructed below a neighbouring land plot without a valid construction permit and the owner’s approval. Outlined practices are contrary to the rule of the legal unity of real property (superficies solo cedit)—one of the main principles of Croatian property law adapted through the Roman legal tradition. Considering that the cadastre and land register do not always reflect the actual situation of the real estate because they were not accurately maintained during the period of former SFR Yugoslavia, it could cause legal uncertainty in real property trading and generate further problems in the economic exploitation of the protected objects. By analysing the legal position of ‘gators’ within the framework of Croatian property law, the objective of this paper is to define its legal nature and address the potential practical problems that arise through their commercial usage. Consequently, this article aims to provide solutions how to overcome the challenging issues resulting from breaking the unity of real property.
16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, 2016
After World War II, as a part of the communist SFR Yugoslavia, Croatia adopted distinctive concep... more After World War II, as a part of the communist SFR Yugoslavia, Croatia adopted distinctive concept of collective property rights which had important consequences on the development of its legal system, gradually departing from the European legal tradition and taking over the essential features of the socialist legal circle. In order to achieve collective interests, the authorities sought to create a social, and therefore a legal order "from above" by marginalizing civil law in favour of public law. This transformation affected to the greatest extent property law, especially the traditional rule of the legal unity of immovables - everything permanently connected to the ground is considered a part of it and shares the same legal status as the ground - which originated in Roman principle superficies solo cedit. Disregarding this legal rule, common to all European civil codes, resulted in compromised land registry system and lack of legal certainty. Through reforms of the legal system, after declaring its independency in 1991, Croatia started the process of returning to the civil law roots and European identity, it once was a part of. Although the legal unity of immovable was re-established and all the requirements on the normative level were satisfied, the consequences of privatisation are still present in practice due to insufficient application of the law and atavism of socialist legal reasoning and mentality. Despite some misconceptions that the former socialist countries due to the communist legacy resemble a juridical wasteland, whose legal systems are supposed to be build from ground up, the aim of the following contribution is to analyze the challenges of a legal system in transition in its process of rebuilding the civil- style mode of legal thought by returning to its Roman legal foundations
Za nakladnika Doc. dr. sc. Gyula Berke i Prof. dr. sc. Igor Bojanić Grafi čka priprema: Krešimir ... more Za nakladnika Doc. dr. sc. Gyula Berke i Prof. dr. sc. Igor Bojanić Grafi čka priprema: Krešimir Rezo Nakladnik: Gradska tiskara Osijek d.d.
Books by Nikol Žiha
Rimski pomorski zajam (fenus nauticum) kao preteča prava osiguranja, 2019
U monografiji se obrađuje problematika pravno povijesnog razvoja pomorskog zajma kao preteče prav... more U monografiji se obrađuje problematika pravno povijesnog razvoja pomorskog zajma kao preteče prava osiguranja. Sustavnom analizom elementa osiguranja u rimskom pomorskom zajmu nastoji se riješiti sporno pitanje njegove funkcije i opsega utjecaja na nastanak instituta pomorskog osiguranja. Razvoj osiguranja od njegovih početaka koje nalazimo u pojedinačnim slučajevima međusobne raspodjele rizika prešao je dug put do uspostave organiziranog sustava ekonomske zaštite koja počiva na načelima uzajamnosti i solidarnosti. Element opasnosti i moguće posljedice plovidbe utjecali su tijekom povijesti na nastanak raznolikih oblika solidarnog snošenja štete. Bitan stadij u tom razvoju predstavljao je i rimski pomorski zajam (fenus nauticum) preuzet iz grčkog prava. Ovim istraživanjem nastoje se raščlaniti elementi tog iznimno kompleksnog instituta, koji otvara više spornih pitanja poput podrijetla, recepcije, pravne prirode i funkcije instituta. Istraživanje polazi od hipoteze da pomorski zajam zadovoljava potrebe pokrivanja rizika pomorske plovidbe i preuzima funkciju osiguranja u okolnostima u kojima antička prava ne poznaju posebni ugovor o osiguranju.
History of Law and other Humanities: Views of the Legal World Across the Time, 2019
A reflection of Roman society’s attitude towards the medical profession can be explored through n... more A reflection of Roman society’s attitude towards the medical profession can be explored through numerous non-legal sources (e.g. Plutarch - Cato Maior 23, 3 ; Plinii Secundi Iunioris - Medicina pr 1-2 ; Martialis - Epigrammata 1, 47 ; 5, 9 ; 8, 74 ; Anthologia Graeca XI, 122), the majority of which portray a physician who misuses his position of trust and authority and acts contrary to the Hippocratic ideal. One of the most severe criticisms of doctors is expressed by Pliny the Elder in his encyclopedic work Naturalis Historiae, where he identifies a doctor as the only person who can deprive someone of existence without being punished (Nat. His. 29, 18: medicoque tantum hominem occidisse inpunitas summa est). Pliny’s stereotype of doctors, who encouraged diseases by causing fear and psychological instability of their patients in order to enrich themselves pertained and was centuries later metamorphosed in numerous literary works. The purpose of this contribution is to evaluate the quoted statements found in literary sources and to investigate whether doctors deserved the bad reputation that they were associated with. By reconstructing the legal framework and liability of the Roman medicus, the focus will be placed on the analysis of the available legal sources in order to clarify what is behind the label ascribed to physicians that “the doctor is worse than the disease itself” (Medicina Plinii pr 1).
Maritime Risk Management. Essays on the History of Marine Insurance, General Average and Sea Loan, 2021
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Sessions and conferences by Nikol Žiha
Papers by Nikol Žiha
Books by Nikol Žiha