Елементи контроле банака и заштита клијената на банкарском тржишту

Author(s): Slavko Vukša,Mirjana Barjaktarović / Language(s): Serbian Issue: 60/2017

Contemporary tendencies in controlling the banking market are the basic characteristic organization of economic and financial activities in their interaction with the matter of legal regulation. The process of development of the banking market, in terms of the application of new technologies as well as raising public control to a higher level, has mutual conditions. The main motives of public control of the banking market are its stability and investor protection, and are associated with the nature of the risk occurring in banks due to the effects of the application of new technologies, investment and competition. Public control of the banking market should not be a limiting factor in the development of the market; otherwise the social costs were greater than the benefits to be gained by regulatory measures. Consumer protection is normatively inaugurated by Bank Law, which was passed in 2005 and came into force in 2006. Institutional assumptions for the protection are: (1) general operative conditions transparency; (2) Client informing; (3) procedural treatment of their objections; Perspective of consumer protection in the banking industry, as well as in all other domestic sectors, depends on the speed of the process of approaching the EU and the consequent obligation to harmonize current legislation with the EU acquis.

Потраживања у страној валути и стопа затезне камате

Author(s): Pero Petrović,Marina Protić / Language(s): Serbian Issue: 60/2017

In the paper, the authors analysed receivables in foreign currency and interest rate. The authors first observed different theoretical understanding of the essence and nature of default interest. In countries where the interest rate is predicted to be a normal consequence of the delay in the payment of a monetary obligation, by law or by-laws are usually prescribed penalty interest rate (statutory rate, legal rate). The analysis after that was concentrated on the application of appropriate interest rate in case of default of the debtor of a monetary obligation in international contracts governed by Serbian law where the obligation is to be settled in foreign currency. Such interest rate is important for the development of the export economy and it has not been determined in a satisfactory manner in Serbian law. The interest rate that the legal counsellors seek and that the Serbian courts award is far too low and is stimulative for the debtor’s default. The default interest rate usually awarded in Euro is currently equal to the Main Refinancing Rate.

Анализа ставова студената о степену заштите права потрошача у Србији у односу на Европску унију

Author(s): Maja Ćirić,Jovana Gardašević / Language(s): Serbian Issue: 58/2016

In today’s time, consumers cannot be perceived as passive participants on the market to whom companies can sell products and services without taking into consideration their needs, desires and rights. The recession present at the global level is only adding to the pressure of consumers and their organizations demanding respect of rights of consumers. Serbia has harmonized the Law on Consumer Protection with EU directives on consumer rights. However, the subject of this study is to acquire knowledge about the degree to which Serbia has managed to implement this law in practice and reached the level of consumer protection in the European Union. By analyzing the existing relevant research papers, laws and other legal regulations and by conducting the empirical research through application of the survey method as well, we tried to answer the question about the current state in Serbia in comparison to the European Union in terms of consumer protection and what the attitude of students from institutions of higher education in Serbia, who are studying law and economics and are taken as an example of educated consumers, is towards this matter. The aim of this research is to reach the conclusion on how educated consumers see and evaluate the effectiveness of the implementation of the Law on Consumers protection in Serbia in comparison to the European Union, as well as on which factors influence the formulation of their attitude. The obtained results answer the question of how close we managed to come to the European Union in terms of the degree of consumer protection in real life and point to guidelines and suggestions for improving the situation in this area as well.

OSNOVNI ASPEKTI PRAVA POVLAČENJA (DRAG ALONG) I PRAVA PRIDRUŽIVANJA (TAG ALONG)

Author(s): Amina Kajević / Language(s): Serbian Issue: 1/2022

The paper analyses the rights of members of closed companies originating from common law - drag along and tag along rights. Since they represent effective instrument of prevention of second agency problem of corporate governance, relating to the conflict of interest between majority and minority shareholder, as well as for resolving conflicts between members that may occur in case of the sale of a company’s share, these rights were introduced in civil law countries as well. In recent years, drag along and tag along rights have become more significant in domestic practice, since they are often contracted between members of domestic companies. For this reason, it is important to understand the purpose of these rights and the interests that are protected by them. Therefore, the aim of this paper is to explain the concept and purpose of drag along and tag along rights.

THE DIGITAL MARKETS ACTS – BETWEEN MARKET REGULATION, COMPETITION RULES AND UNFAIR TRADE PRACTICES RULES

Author(s): Ondrej Blažo / Language(s): English Issue: 1/2022

In 2020 the European Commission presented its legislative package aimed to deal with new challenges for the internal market stemming from development on digital mar- kets and alleged abuses and anticompetitive practices therein, including the Digital Mar- kets Act (DMA). The aim of this paper is not to evaluate content of the DMA itself, but to evaluate the position of the DMA in the context of other market sector-oriented regula- tions, rules on unfair trade practices, competition rules as well as fitness of legal basis and observance of rule of law safeguards. As the DMA proposal departed from competition law legal basis enshrined in Art. 101 et seq. of the Treaty on the Functioning of the European Union, it paved the way for the possibility to impose sanction under both regimes. This possibility of double sanctions and necessity for check of proportionality in all actions of the Commission as well as in imposition of fines constitute one of the most relevant short- comings from the “constitutional” point of view of position of the DMA in the EU legal framework. As it is argued in this paper, without more synchronization with competition regulatory regimes, the DMA proposal contains elements that can, at the end of the day, diminish its legal effectiveness via subsequent judicial battles.

MOTOR INSURERS’ BUREAU – GARANTNI FOND U UJEDINJENOM KRALJEVSTVU

Author(s): Miloš Radovanović / Language(s): Serbian Issue: 1/2022

Redress, in cases when the damage has been caused by uninsured or unidentified vehicle, in the United Kingdom is organized on specific manner. Task of providing compensation in such cases is entrusted to the organization Motor Insurers’ Bureau (MIB). This task has been entrusted by agreements concluded between the state and MIB. Regardless of this specificity, MIB is a guarantee fund, an institute which exists in other European states. British courts expressed their stance on legal nature of MIB. Case-law of the United Kingdom earlier had considered that MIB was an institute of private law. Due to the influence of the Court of Justice of the European Union, a different stance has prevailed. Courts of Great Britain accepted arguments of the European judicial institution. Now they consider that MIB is a subject of the public law – emanation of the state. This standpoint has been implemented in the United Kingdom’s law and will not be abandoned after the Brexit. The British example shows how the dilemma on the legal nature of a guarantee fund can be resolved in the country that is not a member of the European Union.

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 5/1993

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 3-4/1993

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): Jezdimir Mitrović / Language(s): Serbian Issue: 6/1992

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 4/1992

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): Jezdimir Mitrović / Language(s): Serbian Issue: 2-3/1992

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 4/1991

Smak jako przykład niestandardowego przedmiotu ochrony w polskim prawie własności intelektualnej

Author(s): Piotr Ślęzak / Language(s): Polish Issue: 27/2022

In this text, I put forward the thesis that the taste of a dish or food product may be protected under intellectual property law. As is known, intellectual property law protects the creations of human intellect. Culinary, perceived by recipients mainly through the prism of taste, is undoubtedly one of the many areas in which human ingenuity is manifested. Therefore it is not surprising that the protection covers various intangible goods related to the taste of dishes and culinary products, such as quality labels, trademarks, works and legally protected secrets; one can and should ask about the ‘saturation’ of culinary issues with intellectual property. This study is an attempt to indicate the legal institutions applicable to the protection of culinary arts. It is disputed whether taste can be considered an object of copyright protection (in a work). This is due to the difficulty in identifying the elements of creativity in cooking. These elements can be indicated in the taste as being a derivative of the composition of the ingredients of the dish, their proportions and the harmony between them. There is no doubt that taste can be protected under the Protected Designation of Origin, Protected Geographical Indication and Traditional Speciality Guaranteed institutions, and as a sign of secrecy, be it by a cook or an entrepreneur employing a cook. On the other hand, the possibility of registering a taste as a trademark should be rejected.

Competition Law and Policy for the Internet of Things

Author(s): Igor Nikolić / Language(s): English Issue: 1/2022

The Internet of Things (IoT) brings mobile internet connectivity to many different sectors of the economy. 5G standard is expected to play a key role in fostering seamless connectivity between devices. However, it also requires licensing patents essential for 5G standards to a diverse group of companies. How to effectively license essential patents in IoT has been the central question in recent policy debates before the European Commission. Competition law has often been invoked as a solution to either directly regulate certain licensing practices or to take a step back and enable the industry to collectively agree on certain licensing solutions. The article analyses three situations where the role of competition law was discussed: i) refusal to license patents to different levels of the production chain; ii) collective price-setting of a standard and iii) collective licensing of patents. The article examines each situation and discusses the appropriate role of competition law in fostering efficient licensing of essential patents in the IoT.

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 6/1990

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 5/1990

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): Jezdimir Mitrović / Language(s): Serbian Issue: 3/1990

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СР СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 1-2/1990

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СР СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 6/1989

ОДЛУКЕ ВИШЕГ ПРИВРЕДНОГ СУДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 5/1989