Društveni ogledi
Social Perspectives
Publishing House: Centar za društvena istraživanja
Subject(s): Politics / Political Sciences, Social Sciences, Economy, Law, Constitution, Jurisprudence
Frequency: 2 issues
Print ISSN: 2303-5706
Status: Later issues not available
- 2013
- 2014
- 2015
- 2016
- Issue No. 1/1
- Issue No. 2/1
- Issue No. 1/2
- Issue No. 2/2
- Issue No. 1/3
Articles list
Zaštita prava potrošača u Republici Hrvatskoj s posebnim osvrtom na ugovore sklopljene izvan poslovnih prostorija ponuditelja i ugovore na daljinu
Zaštita prava potrošača u Republici Hrvatskoj s posebnim osvrtom na ugovore sklopljene izvan poslovnih prostorija ponuditelja i ugovore na daljinu
(Consumer Protection in Croatia with a Special Emphasis on Distance and Off-Premises Contracts)
- Publication: (1/3/2016)
- Author(s): Tunjica Petrašević, Paula Poretti
- Contributor(s):
- Language: Bosnian
- Subject(s): Law on Economics, EU-Legislation
- Issue: 1/3/2016
- Page Range: 9-54
- No. of Pages: 46
- Keywords: European Union; consumers; distance contracts; offpremises contracts; Directive 2011/83/EU; Directive on alternative dispute resolution for consumer disputes (Directive on consumer ADR);
- Summary/Abstract: The aim of this paper is to present consumer protection in Croatia with special emphasis on distance and off-premises contracts. The focus in this paper is on a rather narrow, but extremely important field of consumer protection. Namely, it depicts situations in which consumer is unprepared and unable to reconsider a purchase of a certain product or service. In the first part of the paper a brief overview of the development of consumer protection in Croatia is presented, from the Stabilization and Association Agreement in 2001 until the present. Then, in the second part of the paper novelties which were brought to the „new“ Consumer protection Act by the implementation of Directive 2011/83/EU on consumer rights, in the manner that regulation of distance contracts are presented prior to the regulation of off-premises contracts. In the third part of the paper establishment of out-of-court resolution of consumer disputes according to Directive on alternative dispute resolution for consumer disputes (Directive on consumer ADR) and Regulation on online dispute resolution for consumer disputes (Regulation on consumer ODR) are presented. Solutions which could enable simplified and efficient resolution of both national and cross-border disputes within a system of alternative dispute resolution for consumer disputes originating from distance and off-premises contracts are analysed and a critical consideration of their implementation in Croatian consumer protection legislation is carried out.
Aktuelnosti moralizacije ugovornog prava
Aktuelnosti moralizacije ugovornog prava
(Actualities of Moralization of Contract Law)
- Publication: (1/3/2016)
- Author(s): Branko Morait
- Contributor(s):
- Language: Bosnian
- Subject(s): Law, Constitution, Jurisprudence, Ethics / Practical Philosophy, Law on Economics
- Issue: 1/3/2016
- Page Range: 55-76
- No. of Pages: 22
- Keywords: ethics; law; indexed; financial services;
- Summary/Abstract: Morality is not acquired characteristic of a person. One is not born as a moral person, as he is born with some innate, natural laws, that can never be taken away from him. If, however, they are forcefully taken away, they keep returning again and again, in the same form and capacity. A person is virtuous or he is not. Predominant number of individuals in one social group that behave morally make up the group’s morals. However, in the essence of the matter, there is no such thing as a collective morality, just like there is no collective guilt. It is unthinkable to mark members of certain or religious group as moral and immoral, if all they are doing is obeying moral norms or codes. Morality is the way that a person treats goodness, that is, customs of goodness. Obeying these moral codes is what makes up his moral stance and moral behavior. The contract on consumer credit in Swiss francs undermining the stability of the banking market. The moral behavior of the participants of this contractual relationship would stop the current controversy.
Informiranje kao mehanizam zaštite korisnika financijskih usluga - prednosti i ograničenja
Informiranje kao mehanizam zaštite korisnika financijskih usluga - prednosti i ograničenja
(Information Requirements as a Mechanism of Protection of Financial Services Users - Advantages and Limitations)
- Publication: (1/3/2016)
- Author(s): Anita Petrović
- Contributor(s):
- Language: Croatian
- Subject(s): Law on Economics
- Issue: 1/3/2016
- Page Range: 77-115
- No. of Pages: 39
- Keywords: obligation to inform; financial services; consumer; financial literacy;
- Summary/Abstract: This paper analyzes the information obligations as one of the instruments of consumer protection created in European consumer law. As a result of the fulfullment obligation of approximation of laws with ascquis, this instrument takes a important place in the new Act on the Protection of Financial Services Users in Fedaration Bosnia and Herzegovina. Directive 2008/48/EC on cosumer credit agreements is based on the information approach, which assumes that only the informed consumer can make an informed choice and make responsible financial decisions. This approach follows the domestic legislature in terms of a comprehensive, standardized and highly detailed regulation of obligations to inform users at the pre-contractual stage and once the contract has been concluded. The purpose of this instrument is to empower financial services user, to fill the information gap and make him more equl to counterparty, because of intangibile nature of financial service everithing that consumer has is information. But other than that this instrument has a broader role and that is to preserve stability of financial sector as it enables the implementation of the principles of responsible borrowing and preventing over-indebtedness. The aim of this paper is to critically examine the provisions of the Act on the Protection of Financial Services Users, which regulates the obligation to inform, and consequently point to the advantages and disadvantages of new solutions in view of the financial literacy problem faced by a large number of users.
Pravo pacijenta - potrošača na naknadu troškova prekogranične zdravstvene zaštite
Pravo pacijenta - potrošača na naknadu troškova prekogranične zdravstvene zaštite
(The Right of Patient - Consumer to Reimbursement for Cross - Border Healthcare)
- Publication: (1/3/2016)
- Author(s): Maja Čolaković, Marko Bevanda
- Contributor(s):
- Language: Bosnian
- Subject(s): Law on Economics, EU-Legislation
- Issue: 1/3/2016
- Page Range: 117-141
- No. of Pages: 25
- Keywords: patient; cross-border healthcare; reimbursement; Directive 2011/23/EU; Regulation 883/2004/EZ;
- Summary/Abstract: The exercise of fundamental market freedoms in the European Union includes the freedom of movement of persons in order to attain the right to health care. A part of the possibility to access health services in the Member States where they are insured, the citizens of the Union can also demand such a service in another Member State and obtain reimbursement. This is the so called cross-border healthcare. Directive 2011/24/EU on the application of patients' rights in cross-border healthcare is a new legal instrument adopted to ensure the mobility of patients within the European Union and eliminate the existing differences in the application of two parallel systems - one based on Regulation 883/2004/EC on the coordination the social security system, and the other on the principles and views of the Court of the European Union, which are based on the provisions of the Treaties on the fundamental market freedoms.
Zaštita žiranata u Federaciji Bosne i Hercegovine
Zaštita žiranata u Federaciji Bosne i Hercegovine
(Protection of Guarantor in Law on Guarantor’s Protection in Federation of Bosnia and Herzegovina)
- Publication: (1/3/2016)
- Author(s): Darko Radić, Radenko Jotanović
- Contributor(s):
- Language: Bosnian
- Subject(s): Law, Constitution, Jurisprudence
- Issue: 1/3/2016
- Page Range: 141-157
- No. of Pages: 17
- Keywords: loan agreement; debtor; creditor; guarantor;
- Summary/Abstract: Parliament of Federation of Bosnia and Herzegovina adopted Law on guarantor’s protection in 2013. It is a lex specialis which regulates legal protection of guarantor as a special category of persons in loan agreement. However, the law provides a numerous solutions which derogating general rules in obligation law, particularly rules in Law on obligations regarding loan agreement and warranty. In this paper, authors consider both certain rules regarding guarantor’s protection and their compliance with general rules in law of obligations. Definition of loan agreement and special regulation of relationship between creditor and guarantor are not in compliance with rules of warranty – general rules, structure and species. Moreover, there are some limits of freedom of contracting for those who has intention to guarantee for debtor’s liability in loan agreement. Authors in this paper consider validity and acceptability of special rules in order to find answer whether those rules match other relevant rules in positive legislation and do they serve to legal certainty.
Prijevremena otplata kredita prema Zakonu o zaštiti korisnika finansijskih usluga FBiH i Zakonu o bankama Republike Srpske
Prijevremena otplata kredita prema Zakonu o zaštiti korisnika finansijskih usluga FBiH i Zakonu o bankama Republike Srpske
(Prepayment of Loan Under the Financial Services Consumer Protection Law of FBH and Law on Banks of the Republic of Srpska)
- Publication: (1/3/2016)
- Author(s): Senad Bajrić
- Contributor(s):
- Language: Bosnian
- Subject(s): Law on Economics
- Issue: 1/3/2016
- Page Range: 159-180
- No. of Pages: 22
- Keywords: credit; prepayment of loans; borrower; the financial services consumer protection law of FBH; Law on Banks of Republic of Srpska; Law of Obligations; Directive 2008/48/EC;
- Summary/Abstract: The article analyzes the main determinants and the specifics of the borrower right to prepay the loan defined by the financial services consumer protection law of FBH and Law on banks of the Republic of Srpska,ie legislation which is in the national legislation of Bosnia and Herzegovina (the entity regulations) transposed Directive 2008/48 / EC on credit agreements for consumers. As a result of inconsistent and non-systematic transposition of EU directives into the BiH legal system, in addition to the above regulations, the right of early repayment of the loan is regulated by the Consumer Protection Act of BiH which have taken scarce solutions of"old" directive on consumer credit (Directive 87/102/EEC on consumer credit). In this way, in Bosnia and Herzegovina both old and new solutions in consumer Directive exist at the same time (although the entry into force of Directive 2008/48/EC terminated Directive 87/102/ EEC), thereby and those related to consumer’s right, the borrower right to early repayment of loans. And given the subsidiary application of the provisions of the ZOO on the loan agreement, it is clear that the fragmentation of legislation in these areas often leads to confusion and the various problems related to adequate and complete use of the aforementioned rights.
Efektivna zaštita BiH građana od nesigurnih proizvoda kroz harmonizaciju tehničkih propisa Bosne i Hercegovine sa direktivama Evropske unije
Efektivna zaštita BiH građana od nesigurnih proizvoda kroz harmonizaciju tehničkih propisa Bosne i Hercegovine sa direktivama Evropske unije
(Effective Protection of BiH Consumers from Unsafe Products and Streamlining the Export of BiH Products on the Regional and EU Markets)
- Publication: (1/3/2016)
- Author(s): Amila Mujčinović
- Contributor(s):
- Language: Bosnian
- Subject(s): EU-Legislation
- Issue: 1/3/2016
- Page Range: 181-212
- No. of Pages: 32
- Keywords: harmonization; directives; consumers; technical regulations CEFTA; adoption; export; product safety;
- Summary/Abstract: The immediate objective and key problem this research aims to address is lack of current and unique policy on general product safety, particularly in the area of technical industrial products, which leads to fact that the BiH is the only European country which does not regularly apply assessment of conformity of domestic and imported products with legally binding technical requirements before these products are placed on the market. In that way BiH has big trade deficit, and protection of lives and health of BiH citizens and removal of barriers for export is at very low level. New Approach to harmonization of technical regulations in the EU and based on that to show the need for defining an adequate model for fast and complete Europeanization of technical regulations in BiH by transposing the EU New Approach Directives.
Harmonizacija propisa u oblasti zaštite potrošača kroz prizmu Zakona o zaštiti korisnika finansijskih usluga
Harmonizacija propisa u oblasti zaštite potrošača kroz prizmu Zakona o zaštiti korisnika finansijskih usluga
(Harmonisation of Legal Framework in the Field of Consumer Protection through the Prism of Consumer Financial Protection Law of Federation of Bosnia and Herzegovina)
- Publication: (1/3/2016)
- Author(s): Zlatan Omerspahić
- Contributor(s):
- Language: Bosnian
- Subject(s): Law on Economics, EU-Legislation
- Issue: 1/3/2016
- Page Range: 213-226
- No. of Pages: 14
- Keywords: Consumer Financial Protection Law; Unfair Terms in Consumer Contract; Good Faith Principle; EU Law;
- Summary/Abstract: In November 2014, the Consumer Financial Protection Law entered into force in Federation BIH. The basic intention of the legislator was to achieve complete compliance with primary and secondary sources of EU law governing the issue of consumer protection, respectively users of financial services, and in particular with Directive of the European Union 93/13 / EEC from 5th April 1993, with Directive 2005/29 / EC of the European Parliament and of the Council from 11th of May 2005 and Directive 2006/114 / EC of the European Parliament and of the Council from 12th of December 2006. In the respective Act, special attention was paid to prohibiting unfair terms in consumer contracts, misleading commercial practices and the obligation of consistent implementation of good faith principle. The author analyses the actual level of compliance in regard to the relevant regulations of the European Union, and on the basis of empirical experience in the implementation of this law through the entire banking business, analyses the existing regulations and makes proposals for future legislation that will improve the protection of both, consumers and providers of financial services. Special attention in the work is drawn to provisions that have a direct impact on the protection of contracting unfair contract terms.
Information overload effect u stambenom kreditiranju potrošača
Information overload effect u stambenom kreditiranju potrošača
(Information Overload Effect in Housing Loans to Consumers)
- Publication: (1/3/2016)
- Author(s): Mujo Vilašević
- Contributor(s):
- Language: Bosnian
- Subject(s): Law on Economics
- Issue: 1/3/2016
- Page Range: 227-253
- No. of Pages: 27
- Keywords: Information overload effect; Directive 2014/17; consumers; right to be informed;
- Summary/Abstract: This paper analyses one of the basic consumer's rights in the Union – the right to be informed, and in the context of the new regulation on housing loans – Directive 2014/17. With its content, Directive 2014/17 regulates key issues of housing (mortgage) lending, and in particular: the consumer's right to be informed, credit risk management, foreign currency lending and uniform rules of calculating the effective interest rate. As a light motive of the Directive, the consumer's right to be informed is pointed out in different stages of the credit relations. At the same time, critics of the Directive are in particular focused on the so-called information overload effect. To that extent, this paper seeks to examine the consequences of the „too-informed“ consumers, and risk in decision-making in credit relations based on the quantity of information provided. Using normative method, the author tries to show the consumer the right to be informed in a broader sense: analyzing the contribution to the consumers protection - as users of housing loans, as well as the possibility of negative impact of extremely broad spectrum of information that is presented to the consumers in terms of Directive 2014/17. The final part of the work shows the possible parallels with the regulations on the protection of consumers of financial services in the B&H entities.
Short Description
The journal „Social Perspectives“ aims to advancement of scientific research in the field of legal and other related social sciences, and is intended for all who are involved in research, offering them a place of meeting, bonding, bridging different views and opinions and leaving space for joint action. Taking into account the specific legal system of Bosnia and Herzegovina, particularly in terms of approaching the Euro-Atlantic integration, the journal aims to overcome difficulties with which our country has faced along the way, and finding possible solutions both in terms of theoretical notions, and in practical terms. In addition, the importance of the journal is reflected in the possibility of dialogue on a level across the state of Bosnia and Herzegovina and beyond, and strives to establish a unified scientific research area of an international character. This led the Editorial Committee to filter and select future issues of the journal by thematic units, or by current legal issues with which Bosnia and Herzegovina is faced in the process of EU accession.
Editorial board
Éditor in Chief: Prof. dr. Abedin Bikić (Law Faculty, Sarajevo University)
International editorial Board:
Prof. dr Teoman Duman (International Burch University, Ilidža), Prof. dr Jusuf Büyükay (Fatih University, Istanbul), Doc. dr Engin Karabulut (Fatih University, Istanbul), Doc. dr Vesna Baltazarević (Megatrend University, Belgrade)
Editorial Board:
Prof. dr Hajrija Sijerčić-Čolić (Law Faculty, Sarajevo University), Prof. dr Suzana Bubić (Law Faculty, Mostar University), Prof. dr Enes Hašić (Law Faculty, Zenica University), Prof. dr Nevzet Veladžić (Law Faculty, Bihac University), Doc. dr Zlatan Meškić (Law Faculty, Zenica University), Doc. dr Maja Čolaković (Law Faculty, Mostar University), Doc. dr Hamid Mutapčić (Pravni fakultet Tuzla), Doc. dr Zlatan Begić (Law Faculty, Tuzla University), Doc. dr Šukrija Bakšić (Law Faculty, Zenica University), Doc. dr Haris Halilović (Faculty for Criminalistic and Security Studies, Sarajevo), Mr. sci. Almedina Šabić (Law Faculty, Sarajevo University jevo), Mr. sci. Esad Oruč (International Burch University, Ilidža).
Executive Editors:
Elvir Čolak (International Burch University, Ilidža)
Mensur Zoletić (International Burch University, Ilidža)
Senahid Kahteran (International Burch University, Ilidža)
