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O povaze argumentu a argumentace

Author(s): Miroslav Čaňo / Language(s): Czech Issue: 2/1997

The article explores the nature of arguments and argumentation within legal theory and practice. It emphasizes the importance of understanding the true meaning of "argument" and "argumentation" to ensure reliable legal conclusions. The paper delves into the logical analysis of arguments, distinguishing between genuine arguments and mere assertions. It also examines the historical and philosophical roots of these terms, highlighting their varied applications in different contexts. The study underscores the role of rhetoric in legal argumentation, tracing its origins to classical figures like Cicero. Additionally, it discusses the practical and theoretical dimensions of argumentation, including its use in legal reasoning and decision-making. The article concludes by stressing the need for precise definitions and applications of arguments to enhance the credibility of legal judgments.

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Perspektivy liberálních koncepcí spravedlnosti

Author(s): Daniel Stejskal / Language(s): Czech Issue: 2/1997

From the former commentory are evident our sceptical attitudes to the ideas of John Rawlse. The Rawlse s moral explanation of the welfare state and its full realization is not expected to come true. On the other hand we mentioned the ideas of Hayek as an example of another extreme which we also do not endorse as his principles could not work in the society without large and permanent commotions. We find the way out of this situation in the philosophy of David Hume. Hume justified the origin of the society by the mutual sex instinct that keeps people together before there is a new bond for the care of the offsprings. Except this he believes that we wilf obey certain rules (e.g. the inalinable right to property). He justified the function of these rules by an alfegation about the rule of law. We have got the chance to live in a society that is more conveniant for us because the effort of an individual is consumed by providing for various things that man needs for the necessities of the life and that is why he can never be perfect in any activity. This leads us to the conclusion that it would be incorrect to give up trying for the maximal justice in the limits of the "healthy brain". After alf the fegislators of alf civilized countries of the world can know this and they put it into practice. The basic principles of the social justice are also in the benefit of richer stratums of the population (it menas the higher and the middle classes) that want to avoid the social conflicts that in its final consequentions are not profitable for any of the social stratums. Therefore the current topic is to find out: "Where does the maxima! justice end in the limits of the healthy brain?".

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K otázce pozitivního a "nadpozitivního" práva

Author(s): Jan Spáčil / Language(s): Czech Issue: 1/1997

The article by JUDr. Jan Spáčil discusses the relationship between positive law and natural law, focusing on the concept of "super-positive" law. It examines the dual nature of sovereignty in a democratic state, distinguishing between constituent power (pouvoir constituant) and constituted power (pouvoir constitué). The complexity of these issues lies in the intertwining of political and legal questions. The article critiques the views of various scholars, including Prof. V. Klokočka, who argues that positive law should be subordinate to natural law. Spáčil emphasizes the importance of integrating natural law principles into positive law through formal legal processes. He also highlights the role of legal practitioners in interpreting and applying these principles within the framework of existing legal norms. The discussion underscores the need for a balance between legality and legitimacy in the application of law.

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Existuje spravedlnost? (analýza názorů na spravedlnost)

Author(s): Tomáš Volný / Language(s): Czech Issue: 1/1997

Social justice has been changed into widespread and quite efficient argument in of political discussion. It became a key-principle of social policy as a specific cifort saciety to preserve or establish the rule of equal opportunity as a form of social justice. The task of this article is not to find out what the justice is and what should one's approach to it. The author tries to project the problem as such and to arise reader´s interest in this interesting and important issue. However, social justice is an unattainable ideal that can hardly be reached.

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Výklad provozovatelského práva

Author(s): Ivo Telec / Language(s): Czech Issue: 4/1996

The document discusses the interpretation of operating rights within the context of Czech copyright law. It explores the legal framework surrounding the public performance of works, particularly focusing on theatrical and musical works. The text delves into the contractual obligations between authors and operators, emphasizing the necessity for written agreements and the responsibilities of operators to pay royalties. It also touches on the historical evolution of these laws and the differentiation between public and private performances. Additionally, the document references various legal precedents and scholarly works to support its analysis. The aim is to provide a comprehensive understanding of the legal intricacies involved in the public performance of copyrighted works in the Czech Republic.

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Výklad nakladatelského práva

Author(s): Ivo Telec / Language(s): Czech Issue: 3/1996

The document provides an interpretation of Czech publishing law, primarily based on Act No. 35/1965 Coll., concerning literary, scientific, and artistic works. It outlines the contractual relationship between an author and a publisher, where the author grants permission to publish a work, and the publisher commits to publishing and distributing it while paying the author a fee. The text emphasizes the exclusivity of the publishing contract, detailing conditions under which an author can seek another publisher. It also discusses the various forms of works that can be published, including literary, musical, dramatic, artistic, and photographic works. The document references numerous related laws and regulations, highlighting the legal framework governing publishing agreements. Additionally, it touches on the responsibilities and rights of both authors and publishers, including the handling of reprints and translations. The text also mentions historical and international perspectives on publishing contracts, providing a comprehensive overview of the subject.

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K právnímu postavení sportovních oddílů a profesionálních sportovců

Author(s): Vladan Vala / Language(s): Czech Issue: 2/1996

The document discusses the legal status of sports clubs and professional athletes in the Czech Republic. Historically, athletes were considered employees of enterprises, often seen as amateurs despite receiving income for playing sports. Today, athletes are compensated for their actual performance, leading to complex legal relationships between athletes and clubs. The document highlights the lack of significant legal literature on this topic, both domestically and internationally. It examines the structure of sports clubs, which are mostly civic associations, and the financial aspects, including sponsorships, ticket sales, and player transfers. The document also explores whether sports activities can be considered a business activity and the implications of such classification. It delves into the legal definitions of professional athletes and their potential status as self-employed individuals or employees. The text concludes by discussing the challenges in defining the legal nature of sports clubs and the need for clearer regulations.

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"Konference o profesionální etice" na Právnické fakultě Masarykovy univerzity

Author(s): Renata Vlčková / Language(s): Czech Issue: 2/1996

The "Conference on Professional Ethics" held at the Faculty of Law, Masaryk University, on March 13-14, 1996, featured prominent speakers from the John Marshall Law School in Chicago and various Czech legal professionals. Topics discussed included the ethical obligations of professionals in a democratic society, with a focus on the ethical dilemmas faced by legislators, judges, prosecutors, lawyers, journalists, doctors, psychologists, and legal educators. Key presentations covered the role of ethics in society, legislative processes, judicial proceedings, and the independence of judges. The conference also addressed the ethics of legal practice, contract law, advertising self-regulation, and the ethical responsibilities of legislators. Additionally, the event explored medical ethics, euthanasia, journalistic ethics, and the ethical standards for educators and researchers. The conference concluded with a call for ongoing dialogue and collaboration between American and Czech legal scholars.

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The role of actions with the transposition formula in the development of Roman business law

Author(s): Ionuţ Ciutacu / Language(s): English Issue: 1/2022

Towards the end of the Republic, the Roman state experienced an unprecedenteddevelopment. The Roman business environment needed flexible legal documents, able to keepup with the fast pace imposed by commercial documents. The legal acts of the old RomanLaw did not correspond to the requirements of the exchange economy, as they werecumbersome and formal. The Romans were conservative and did not easily accept deviationfrom the rigors of the old Roman Private Law. For this reason, they created a new proceduralsystem, the formal procedure, with the help of which they managed to update the norms ofRoman Law. One of the most interesting legal procedures specific to this system was theaction with the formula with transposition, because in this way the lawyers contributed to thedevelopment of Roman business law.

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Criminal involvement in business

Author(s): Delia Magherescu / Language(s): English Issue: 1/2022

The current situation of criminality and its involvement in several economic fields reveal that a new generation of criminal activities has been developed. They are particularly viewed during the last decades in the field of business, some of them being committed in accounting, banking and financial areas. The interest for these areas is as big as the perpetrators have made substantive efforts in order to harmonize their modus operandi to the updated means of committing crimes in the field of business. The paper aims at analysing the forms of criminal activities as well as their involvement in the field of business, both from theoretical and practical point of view. The jurisprudence in criminal matters has been analysed and discussed from the perspective of the judicial bodies' ability to discover any form of economic crimes as well as to gather evidence in purpose to decide beyond an reasonable doubt on the crimes committed and the defendants ' guilt. The results obtained during the research activity conducted on this topic emphasize that a new trend of criminality in the field of business exists. It should be taken into account by the judicial bodies in purpose to combat and prevent as much as possible the forms of the criminal involvement in the field of business.

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Covering the financial risks of companies in the HoReCa field through insurance contracts and methods of alternative dispute resolution (ADR) for these contracts

Author(s): Crenguţa Leaua,Laura Ramona Nae / Language(s): English Issue: 1/2023

The issue of financial risks of companies in the HoReCa field has acquired a new dimension with the situation of the COVID-19 pandemic, as they are forced to reevaluate their contractual risk allocation and financial loss coverage mechanisms. This situation generated a reassessment of the importance of insurance contracts, especially business interruption insurance. The interpretation of clauses in existing contracts that did not expressly refer to the pandemic situation increased the number of disputes generated by this lack of clarity. The present article represents a general presentation of the risks of the activity in the HoReCa field, of the insurance contracts specific to this field, as a way of addressing these risks. The article also refers to the methods of out-of-court settlement of disputes in the field of HoReCa insurance, respectively to the arbitration organised in this field, as well as to the alternative dispute resolution methods (ADR) used in Romania and at the level of the European Union

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Presentation of the SSM guide to the method of setting administrative pecuniary penalties

Author(s): Ecaterina Labi / Language(s): English Issue: 1/2023

Article 18 of the SSM Regulation and Article 132 of the SSM Framework Regulation set out the basis for the ECB’s administrative pecuniary penalties’ regime. Under Article 18(1) and (7) of SSM Regulation, the ECB (via its decision making body, Governing Council) may, impose administrative pecuniary penalties on supervised entities, in case of an intentional or negligent breach of (i) a requirement established by directly-applicable acts of Union law where administrative pecuniary penalties are available to competent authorities or (ii) a requirement provided for in ECB regulations and decisions. Within the exercise of its power to impose such penalties, the ECB enjoys a wide margin of discretion within the limits set by SSM Regulation and Regulation (EC) No. 2532/98. In this respect, the penalties applied must meet the criteria set out in Article 18(3) of SSM Regulation: they must be therefore “effective, proportionate and dissuasive”. Furthermore, the ECB may not exceed the limits specified in Article 18(1) of SSM Regulation and Article 4a (1) (a) of Regulation (EC) No 2532/98. The ECB may impose penalties of up to 10% of a bank’s total annual turnover in the preceding business year, or twice the amount of profits gained or losses avoided as a result of the breach, where those can be determined, as set in Article 18 of the SSM Regulation.

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Liability of content sharing platform providers and other intermediary service providers for copyright infringement in the light of the Digital Services Act

Author(s): Anikó Grad-Gyenge / Language(s): English Issue: 2/2023

The internal copyright market of the European Union has been shaped by more than two decades of intense legislative activity. The most recent, decisive step in this process was the adoption of the so-called CDSM Directive, which also marked the end of the copyright reform process announced in 2010. The Directive is a mixed piece of legislation which has amended the copyright acquis on a number of points and opened new areas of harmonisation. Although the Directive has a horizontal scope, covering a wide range of copyright topics, it has only addressed a limited, but crucial, aspect of the operation of content sharing (platform) service providers. Research on this topic is in its infancy. Within the framework of the research programme, this paper examines - primarily from a copyright perspective - the question of how intermediary service providers, covered by the E-commerce Directive, the (partially) exempted service providers and the service providers covered by the CDSM Directive are affected by the DSA and what consequences this may have for the development and operation of copyright content providers, in particular with regard to the access to copyright content.

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Poland’s tax treaty policy in the post-BEPS era an overview

Author(s): Ziemowit Kukulski / Language(s): English Issue: 2/2023

This paper deals with Poland’s tax treaty policy in the post-BEPS era. The author analyses the impact of the MLI, and changes introduced to the OECD and UN Models in2017 on tax treaties Poland is party to in post-BEPS era. The study concentrates around the research question of whether these tax treaties could be seen as a pattern for the future in the area of implementation of anti-BEPS measures.

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Unshell directive proposal – a Pandora box of unrealistic benefits, unjustified reasons and unforeseen indirect consequences

Author(s): Mădălina Cotruț / Language(s): English Issue: 2/2023

The author raises questions on the reasons and benefits specifically declared by the European Commission in the documents prepared for promoting the Unshell Directive Proposal among EU Member States with the view to assess if they prove sufficient for its implementation. Furthermore, the overview is supplemented with the analysis of consequences that may indirectly affect the taxpayers on the EU market and the tax authorities from all the EU Member States. The author questions if this proposal is really needed considering that it brings many uncertainties for both taxpayers and tax authorities.

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Realizacja artykułu 47 pkt. 7a Ustawy o prawach pacjenta i Rzeczniku Praw Pacjenta na przykładzie publikacji: „nawigator pacjenta”

Author(s): Katarzyna Julia Kowalska / Language(s): Polish Issue: 1/2024

The publication is intended as a text of a dual nature, on the one hand the Author refers to the current legislation on patients’ rights, also citing reports of the Supreme Audit Office, as well as medical law literature, and on the other hand, by describing the initiatives of the Patient Ombudsman carried out within the framework of statutory tasks, the Author spreads knowledge about the sources of information available to patients and their relatives in Poland. Particularly described is the Patient Navigator. A practical guide to the health care system as an example of the implementation of Article 47a point 7a of the Law on Patients’ Rights and the Ombudsman for Patients’ Rights.The publication is intended as a text of a dual nature, on the one hand the Author refers to the current legislation on patients’ rights, also citing reports of the Supreme Audit Office, as well as medical law literature, and on the other hand, by describing the initiatives of the Patient Ombudsman carried out within the framework of statutory tasks, the Author spreads knowledge about the sources of information available to patients and their relatives in Poland. Particularly described is the Patient Navigator. A practical guide to the health care system as an example of the implementation of Article 47a point 7a of the Law on Patients’ Rights and the Ombudsman for Patients’ Rights.

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STATE IDENTITY IN THE CONSTITUTIONS OF EUROPEAN COUNTRIES

Author(s): Vladimir Mikić / Language(s): English Issue: 1/2024

The provisions on the state identity of individual countries in Europe are usually set out in the introductory articles of their constitutions. These provisions are usually concise, comprising only a brief designation of state identity, but some constitutions include more extensive descriptions. State identity is primarily defined by referring to its form of government, but also by explicit claims pertaining to its democratic system, social justice, national independence, sovereignty, and the rule of law. Constitutions also specify that some European countries are nation-states, while others are civic states. In constitutions, states are also designated as unitary states or federations. Some European states recognize that their constitutional identity is, among other elements, based on the protection of human rights and fundamental freedoms. In most cases, there is a combination of plural components of a state’s identity, but the number of those elements may vary immensely.

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CHILD TRAFFICKING IN MEDIA REPORTING IN SERBIA

Author(s): Zorica Stojadinović / Language(s): English Issue: 1/2024

This paper explores the correlation between child trafficking and the media discourse on child trafficking. Child trafficking is one of the most widespread forms of organized crime where potential victims are children as a particularly vulnerable category of persons. Media are communication and information tools which play an important role in reporting about different events and phenomena and creating an image about them among the general public. The author of this paper analyzes 100 media reports published in the most widely read printed and electronic media in the Republic of Serbia in order to respond to several questions: a) whether the media in Serbia responsibly and ethically report on this important issue; b) whether they use their power and influence to exert an impact on the suppression, prevention, and raising awareness among the general public; and c) whether they are actively employed as a tool in the fight against child trafficking. The analysis includes quantitative and qualitative analysis of media texts, classified according to media genres, quantitative analysis based on the reported topics and reasons for reporting, and the countries which the media reports refer to, as well as a comparative quantitative analysis of media reports based on official statistical data about the methods of child exploitation, victims’ gender, and internal and foreign child trafficking.

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WINTER ELSA LAW SCHOOL "WELS Niš" 2024

Author(s): Lenka Sekulić,Vuksan Jovanović,Nađa Milić / Language(s): English Issue: 1/2024

In this report, we present the results achieved in the Winter ELSA Law School (WELS) Niš, organized in the period from 18 - 25 February 2024 by ELSA Niš. The WELS project aims to allow students from various European countries to acquire new knowledge from different spheres of legal life, make new friendships, and connect with other young lawyers across Europe. The local group ELSA Niš organized this event for the first time in February 2024. In addition to the rich academic program on the topic of “Business Law and IT Law” prepared for the WELS Niš participants, the local group ELSA Niš managed to present the City of Niš and the Serbian culture to our friends from all over Europe. During the five-day event, held on the premises of the Science and Technology Park Niš and the Faculty of Law, University of Niš, our lecturers covered a range of topics which included: the legal framework of information technologies in the European Union, the legal regulation of blockchain technology, strategies for the defense of a joint-stock company against a hostile takeover, the phenomenon of mass tort claims, and many more up-to-date topics in the sphere of Business Law and IT Law. The lecturers who generously participated in the WELS Niš are prominent experts in their fields, including well-known lawyers, businessmen, and professors from the Faculty of Law, University of Niš.

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Член 100, алинея 1 от Шенгенската конвенция за предаването зад граница на търсени вещи

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Член 100, алинея 1 от Шенгенската конвенция за предаването зад граница на търсени вещи

Author(s): Anton Girginov / Language(s): Bulgarian Issue: 5/2024

The handing over as physical evidence of movables abroad for foreign criminal proceedings is governed by procedural rules on international legal assistance rather than any administrative laws. Article 84 of the Law on the Ministry of Interior shall regulate the remaining cases of handing over of movables but with a necessary restriction to prevent the rights of bona fide possessors from being violated.

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