Authors:Anna Novitskaya Pages: 56 - 117 Abstract: Action, azione, agency, legal act, claim, subjective right - what connects all these terms used in different legal cultures of the civil law legal tradition' – They all go back to the concepts actio and agere of Roman law. PubDate: 2023-01-11 DOI: 10.25365/vlr-2022-6-1-56 Issue No:Vol. 6, No. 1 (2023)
Authors:Caterina M. Grasl Pages: 118 - 140 Abstract: After the question of the admissibility of teacher evaluation forums has already occupied the German court several times in recent years, the Austrian Supreme Court (OGH) has now also had to comment on this problem for the first time in its decision 6 Ob 129/21w. This decision deals with the admissibility of teacher evaluations in a forum that is (in principle) accessible to the public under aspects of data protection and personality rights. The focus is, on the one hand, on the admissibility of an evaluation per se, but also on the concrete design of the evaluation forum as well as the possibilities of inspection by the public and the rights of appeal available to the persons concerned. PubDate: 2023-02-18 DOI: 10.25365/vlr-2022-6-1-118 Issue No:Vol. 6, No. 1 (2023)
Authors:Michael Binder Pages: 1 - 29 Abstract: In Roman law, a defendant could usually deny the plaintiff’s claim without the risk of any danger. However, in certain cases, the non-confessing debitor had to face a sanction. Roman jurists described these special cases with the words poenae temere litigantium (penalties for frivolous litigation). In the context of poenae temere litigantium it is also important to mention the phrase infitiando lis crescit in duplum, which expresses that litigation doubles if the defendant denies his liability. Actions with litiscrescence are enumerated in Gai. 4.9, Gai. 4.171, and PS 1.19.1. Neither Gaius nor the author of the Pauli Sententiae mentioned whether these lists are conclusive or non-exhaustive. Therefore, (possible) cases of litiscrescence in classical Roman law need to be analysed. In this context, it is necessary to consider a similar case of a double penalty in archaic Roman law: the liability of a vindex who lost a lawsuit against a creditor. This article poses the following main questions: How many actions with litiscrescence existed in classical Roman law' Do the classical cases of litiscrescence have anything in common' And if so, is there a connection to the previous legal situation in archaic Roman law' PubDate: 2022-10-25 DOI: 10.25365/vlr-2022-6-1-1 Issue No:Vol. 6, No. 1 (2022)
Authors:Sophie Schwertner Pages: 30 - 48 Abstract: On 28 October 2020, less than a year after announcing its commitment to addressing the challenges related to fair minimum wages, the European Commission published a proposal on a Directive on adequate minimum wages in the European Union. The proposed Directive aims to establish a framework at Union level to ensure that minimum wages are set adequately in order to guarantee decent working and living conditions. It constitutes the peak of a political as well as academic debate that has lasted for decades. This paper seeks to map out the Directive’s potential impact and implications on Austrian labour law and the domestic wage setting regime. The following considerations – after a few general remarks necessary for an in-depth understanding– will therefore mainly concentrate on issues particularly relevant from an Austrian perspective. PubDate: 2022-10-25 DOI: 10.25365/vlr-2022-6-1-30 Issue No:Vol. 6, No. 1 (2022)
Open Access journal
[6 journals]
