Disputed Understanding of Public and Private Interests
Sporna shvatanja javnog i privatnog interesa
Keywords: privatization; cirisis;
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Keywords: privatization; cirisis;
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Keywords: Privatization; Zastava
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Keywords: franchise; Bosnia and Herzegovina; business climate
The subject of the research is to analyze the advantages and disadvantages of a franchise business with a particular emphasis on the development of the franchise in Bosnia and Herzegovina. The main goals of this paper are to identify the main obstacles in the development of the franchise in Bosnia and Herzegovina and recommendation of measures to improve this business model to take advantage of its great features. Franchising is a business model that is in most cases based on a win-win relationship between the franchisor and the franchisee. Because of this, franchise is a chance for permanent development of participants in franchising. The paper shows that the franchise is extremely popular and developed way of doing business in developing countries. This is reflected in the growing path of revenues, number of employees, number of franchise locations and participation in the GDP of business entities that apply the franchise mode of operation. Applying scientific methods of synthesis, induction and deduction, determined by numerous causes slow down the development of the franchise concept in Bosnia and Herzegovina. Taking into account the above, we can formulate a hypothesis in the following way: Non-stimulating business environment and inadequate knowledge of the franchise are key reasons for the inadequate development of the franchise business in Bosnia and Herzegovina.
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Keywords: Serbia; privatization;
Article about privatization in Serbia.
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Keywords: Tranzition; Serbia
More...Keywords: employer; personally caused notice; termination of employment; employment contract; worker
Relting on the legislation and jurisprudence of the Republic of Croatia, the paper provides a review and analysis of legal rules regulating the terms and procedure of the employment contract’s ordinary notice caused by permanent characteristics or abilities of workers. Special attention is given to judicial practice which gives answers to numerous questions that arise in practice, particularly those related to the existence of reason for such a type of employment notice. In the author’s view, the legislator has justifiably allowed employers to give notice to workers who cannot perform the basic obligation of carrying out the assumed tasks; for workers’ protection, the legislator has prescribed explicit rules for notice procedure and judicial protection; then, the legislator has stipulated unfeasibility of employment on other tasks when giving notice to workers which are endangered by decrease of work ability or they already have reduced work ability.
More...Keywords: Bank; interest; law; the borrower; the notification;
Elementary business culture and business practices dictate gender parties. Unfortunately, in the domestic banking system relates Bank-borrower is not in any way reflect the contractual equality, but the discrimination was strongest borrowers. In order to create a contract of equality, the state passed a law on the protection of users of financial services. With the entry into force of the Law on the protection of users of financial services, clients have started with National Bank of Serbia intensively objections to the operation of commercial banks where there is a large number of unfounded complaints relating to personal inability reconciling credit obligations. The Act is somewhat arbitrary restrain banks but failed to completely eliminate the existence of internal bank documents as the basis for the change of conditions. The above law also does not include entrepreneurs and companies, which puts them at a disadvantage in relation to citizens as beneficiaries of the loan. The Law on the Protection of users of financial services is redundant because the issue of contractual relationships well resolved in the Law of Obligations that are clearly not consistent practices. Sam attempts to state administrative puem channeling business morale banks, there are also economic mechanisms that can’t yet use a certainty that would be more effective because it directly affected the profitability of banks.
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Keywords: German Civil Code Reform; Limitation; Consumer purchase; Law on Obligations;
The Yugoslav law tradition is closely combined with the German one. Of from that it is also for Yugoslav lawyers interesting to attain information about changes in the right of the European neighbours and partners. With the 1.1.2002 enacted Law on the modernization of the Obligation law the German Civil code was modified comprehensively in key areas. Reason for the changes were a line of European guidelines that regulates the consumer purchase, the acceleration of the money transfers and the electronic market. The German legislator did not limit in this case to the pure conversion of these guidelines, but it resumed reform attempts, which already come from the early eighties. The changes concern basically the limitation regulations, the General part of the obligation law and the purchase and working (not labour) contract. The limitation law and the regulations on the results of erroneous services at purchase contracts were reformed comprehensively. In the limitation law a short general limitation period (three years) was introduced, that begins to run at the end of the year, in that the creditor receives knowledge of its claim and the claim opponent. Next to that long periods of time, which run independently from the knowledge, are valid. In the regulations for the course of the limitation period the interruption of the period was pushed back. In the new regulations mostly the expiry of the period is only temporary influenced by some facts. The General part of the Obligation Law was restructured completely. The changes are less contents-related. Rather demands from the science and the development of the jurisdiction were included and some special laws were integrated into the Civil Code. The results of mistakes of the purchased thing were fitted now into the general system of the bad performance. The reduction of the purchase price remains as an only purchase-particular regulation. Unfortunately the German Civil Code reform is not based on the developing European contract law consistently. The future will show whether the changes, which were enacted very rapidly, will prove themselves in the practice.
More...Keywords: Civil Rights; Politics; Judgment; Law;
Пресудом Општинског суда у Новом Саду П. бр. 2031/95 од 24. априла 1996. годиие у ставу првом изреке, тужени Павлов Петар је обавезан да се исели из собе, купатила, предсобља, терасе, шупе за огрев и оставе које се налазе у стамбеној згради у ул. Раде Смиљанова број 4 у Новом Саду, саграђене на парцели број 194 од 4 ара и 21 т2, уписане у зк. ул. бр. 6485, а која се налази у десној половини дела поменуте стамбене зграде гледано са улице са десне стране са посебним улазом и да те просторије слободне од лица и ствари преда тужиљи у посед.
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Keywords: contract; formal requirements; the principle of „parallelism of forms”; maintenance contract; contract termination
The effective Serbian law, like the majority of European legal orders, adopts the principle of consensuality of contracts, which means that the parties are free, in principle, to choose the form of their contract. However, modern law recognizes numerous exceptions from this general rule, whereby the legal order prescribes or the parties foresee a mandatory form of contract. These exceptions are quite common, but they do not, however, intend to reinstate the system of formality of contracts, in which contracts produce legal effect only if they are concluded in the prescribed or stipulated form. Another issue is whether a contract, concluded in the form prescribed by law or stipulated by the parties, could be terminated by a simple oral agreement of the parties or even tacitly. This is particularly important in respect of the termination of long-term contracts, such as, for example, the contract of maintenance, the conclusion of which is subject to strict formal requirements. According to the general rules of contract law, a formal contract can be terminated in a simple oral form, unless the purpose of the form implies otherwise. This general rule is in the case law applied to the maintenance contract as well. However, in order to safeguard legal certainty and parties’ interests, it seems reasonable to apply the rule of ‚parallelism of formalities’ in such cases, according to which the termination of the contract by parties’ agreement is subject to the same form in which it has been concluded. By applying the rule of ‚parallelism of formalities’ to maintenance contract, the form of the contract would achieve its protective and evidentiary function.
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Keywords: Principi evropskog ugovornog prava osiguranja; opcioni instrument; slabija ugovorna strana; obaveza informisanjaobaveza prijava okolnosti; povećanje rizika
Analiza domaćeg i uporednog zakonodavstva ukazuje da je i dalje prisutan nekadašnji trend regulisanja ugovornog prava osiguranja, koji se ogleda u nastojanju zakonodavaca da obezbede osiguravača od prevarnog postupanja ugovarača osiguranja. Ipak, koristeći uporednopravni i istorijski metod, ustanovili smo da nacionalni zakonodavci sve više pristupaju izmeni pravnih propisa u cilju održavanja koraka sa savremenim tendencijama, koje se ogledaju u pružanju neophodne zaštite slabijoj ugovornoj strani, tj. uslovno govoreći, potrošaču. Iz tog razloga, predmet istraživanja su određeni mehanizmi zaštite prava slabije ugovorne strane u Principima evropskog ugovornog prava osiguranja, budući da je reč o izvoru mekog prava, čiji autori su nastojali da sublimiraju što je moguće veći broj pozitivnih rešenja i uzora za postizanje većeg nivoa zaštite slabije ugovorne strane.U radu su predstavljena neka od rešenja iz Principa koja, po mišljenju autora, obezbeđuju povećanje prava slabije ugovorne strane prema osiguravaču, uz smanjenje njihovih obaveza i isključivanje isuviše strogih sankcija u slučaju pogrešnog ponašanja. Iako verovatno Principi neće ući u proces ozakonjenja na nivou Evropske unije, makar u skorijoj budućnosti, i dalje ostaje mogućnost za njihov uticaj na nacionalnom zakonodavnom i naučnom nivou. O tome svedoči i ovaj rad, čiji rezultati mogu doprineti preispitivanju aktuelnih domaćih zakonskih rešenja, i to tako što se mogu iskoristiti kao model za izmenu i unapređenje nacionalnog zakonodavstva.
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Keywords: liability; subject of liability; duties; problem loans; control
The paper is motivated by the author’s research into the issue of problem loans which present a serious obstacle to economic development. Taking into consideration the fact that a large amount research has been done with a goal of mitigating the effects of problem loans, the author attempts to investigate the causes of their and discusses the issue of the relationship between legal and social liability. The paper presents an analysis of the liability provisions of participants in the context of problem loans. Problem loans, in a broader sense, refer to any loans where there are problems in repayment, i.e. there is a risk in terms of an inability of a debtor to repay their debt. The main hypothesis is that each participant of the loan activity is liable for their actions, be they legal in nature or not. Applying logical, axiological, goal-oriented, and comparative law method, the author concludes that there is a need to strengthen liability and control mechanisms.
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Keywords: German law;German Civil Code; general terms and conditions; unfair contractual provisions; consumer;
The aim of this paper is to explore the specifics of the German approach in resolving legal issues that are raised regarding general terms and conditions. Applying legal-dogmatic, comparative and legal-historical methods, the paper examines the characteristics and basic directions of development of German legal theory and legislation regarding general terms and conditions. The basics of understanding legal doctrine on the character and legal nature of general terms and conditions are laid out chronologically according to the time of creation and period of dominant influence. The paper highlights the extent to which the legal-theoretic and legal-dogmatic development of German law regarding general terms affected other German-speaking countries, primarily Austria and Switzerland. Legal- theoretic development in German law ranged from the strong dominance of normative theory to its strong critics that led to the empowerment of contractual theory. Normative legal development is characterized by the principle ’from a special law to the general part of the civil code. The review of the relevant BGB paragraphs shows that when amending paragraphs of the BGB, the legal concept, which was shaped through German theory and legislation in a coherent whole and in a special law on regulating the general terms and conditions law, was preserved. The provisions of that law were essentially taken into the German Civil Code in 2002 as part of the reform of German contract law. This law not only affected the development of other national legal systems, but also had some impact on the development of consumer law at the European Union level. Namely, some of its provisions were used as the basis for one of the most important directives concerning unfair contractual provisions. The paper also points to the current mechanisms for controlling general terms and conditions through the control of the validity of inclusion (incorporation), the black and grey list of contractual provisions and the general clause.
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Keywords: independent bank guarantee;legal nature; similarities with other legal institutes; security instrument;
An independent bank guarantee or, as it is known in our Law of Contracts and Torts, a guarantee “without objection” or “at the first call” is a special form of bank guarantee that is widely used in the international exchange of goods. There are several explanations for such widespread use in international transactions, but among them the most important is certainly the fact that through an independent bank guarantee the creditor (guarantee user) is insured not only from the risk of insolvency of the debtor from the basic contract, but also from the invalidity or impossibility of fulfilling his obligation. In domestic law, very conflicting opinions have been expressed regarding the defi-nition of the legal nature of an independent bank guarantee, and they are primarily based on claims that in existing sources of obligations, and above all in the contract and unilateral declaration of will, the necessary solutions cannot be found that fully explain the origin, but also the abstract or independent character of the obligation that the bank assumes towards the beneficiary of the guarantee. By clarifying the existing doubts regarding its concept and legal nature, and determining similarities and differences with other institutions of securing the creditor’s claim, in this paper we have established that, from the aspect of interpretation of domestic regulations, an independent bank guarantee is a reliable but insufficiently regulated instrument for securing the fulfillment of the debtor’s obligation from the basic contract.
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Keywords: Sport; Employment contract; Player transfer; Professional athlete;Serbia;
Sport as an activity of special importance for the Republic of Serbia today in the context of the turbulent changes it is facing is an exceptional field of interest. Through the paper, the authors tried to pay special attention to the labor law modalities of regulating the relationship between sports organizations on the one hand and athletes on the other, after introductory speeches on the concept of sports and current positive legal regulations. Pointing out the mechanisms of protection of athletes in order to improve sports asan undoubtedly important industry today, the authors, through acritical review of the relationship between the legal framework and its application in practice, intend to make recommendations to further improvement of sports as a whole. At the end of the paper, a presentation of the modalities of contractual regulation of the relationship between the coach and the sports organization itself is given, with a clear intention to emphasize the importance of labor law regulation of that relationship in practice.
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Keywords: Basketball Arbitral Tribunal; BAT Covid-19 Guidelines; International Basketball Federation; BAT Arbitration Rules; ECA and ELPA Agreement
Corona virus global pandemic has endangered basketball as the professional sport. Contractual Obligations have been shaded by the uncertainty of the global situation and in that sense, many question marks emerged. The Basketball Arbitral Tribunal offered some asnwers on the situation quickly and paved some directions. The Basketball Arbitral Tribunal is an international arbitration body formed to resolve contractual disputes arising in the basketball sports industry. BAT is already a significantly celebrated arbitration that has given its great contribution to the regulation of legal relations in basketball as a professional sport. New circumstances in the form of a global Covid-19 pandemic have put this arbitration to another important test and all the results of the work and solutions offered in BAT Covid-19 Guidelines are still subject to different opinions and interpretations. BAT responded to the situation publishing BAT Covid-19 Guidelines, which are main focus of this Article. The effects of BAT before the pandemic are indisputable, and most often its values are described through fast, efficient and safe dispute resolution with simple BAT rules of arbitration, which imply the existence of solutions that speed up and simplify the procedure, all built around many factors. Before the global corona virus pandemic, a respectable practice in resolving disputes was built, and a similar practice was continued based on the use of instructions published in the first two months of the pandemic.
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Keywords: CISG; contract; sale; unification; internationalization; globalization;
United Nations’ Convention on Contracts for the International Sale of Goods was adopted on the Vienna Conference in 1980. Permanent enlargement of membership of the CISG and markets on which it is applied as an optional legal regime, overall juridical importance of the contract for sale of goods and the new quality of legal solutions, imposed the question whether the CISG had outgrowed boundaries of the traditional international law and became an instrument for the globalization not only of the law of sale, but of the entire business law. The research shows following fundamental features of the CISG as an instrument of globalization: transnational character of legal solutions, strong influence on other sources of international business law, openness of the CISG toward other systems regulating sales contracts, application of methods characteristic for globalization of the law and conformity of the CISG to the arbitral settlements of disputes. Thanks to aforementioned features, the CISG was able to satisfy theoretical criteria for successful globalization of the law and to become driving force behind further globalization of regulation of sales contracts, as well as of the whole international business law.
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Keywords: Public-Private Partnership (PPP); PPP model; public needs; public sector; private sector
Public-private partnership is a form of joint resources of the public and private sector, which is becoming more and more popular at the global level and in our area as well. Long-term business cooperation between the public and private partners is reflected in the exploitation of managerial, financial and intellectual resources of the private partner in order to provide high-quality products or services for meeting the public interest. The aim of this paper is to present the concept of public-private partnership and its characteristics through the conceptual framework, as well as to present the global trends of public-private partnerships and their projects. Empirical results show a significant increase in public-private partnership projects in 2017, as well as the growth of total private investment in public sector infrastructure.
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