Академик проф. др Мирко Васиљевић: КОМПАНИЈСКО ПРАВО
Review of: Академик проф. др Мирко Васиљевић: КОМПАНИЈСКО ПРАВО (Правни факултет Универзитета у Београду, 2012, стр. 634)
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Review of: Академик проф. др Мирко Васиљевић: КОМПАНИЈСКО ПРАВО (Правни факултет Универзитета у Београду, 2012, стр. 634)
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The research paper focuses on the analysis of the legal situation of digital goods left in the virtual space by a deceased user of online services. As part of the above research, it was first necessary to try to define the concept of digital goods and make them legally qualified, as well as to consider the material and non-material value of these goods. Therefore, it was also necessary to indicate the most commonly used methods of dealing with the fate of digital goods left after the death of their original user, as well as considerations in the field of private international law in the aspect of the law applicable to contract and the law applicable to succession. The author also focuses on the legal solutions currently in force in the selected countries in the world, which then became the basis for the formulation of de lege ferenda postulates.
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The article traces the steps in the genesis and formation of the system of English tort law, approaching this issue through the prism of the influence of Roman law on the evolution of English law and on the work of English judges. It distinguishes the main stages and key moments in the history of English law and highlights the specifics of English tort law that reveal points of convergence with Roman law.
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The present research is devoted to tortious interference with contracts, laid down in art. 21, para. 2 of the Bulgarian Law of Obligations and Contracts. The author attempts to assess critically whether this particular tort is applicable in case of a breach of an anti-assignment clause. More specifically, the present research argues whether it is possible for the debtor to bring an action vis-à-vis the assignee (or any other third person) who knowingly induces the creditor to transfer their receivable at variance with the obligation to refrain from assigning the receivable. The comparative overview reveals that, while nominally possible, this action is not the most adequate means of legal protection that can be attributed to the consumer in case of a breach of an anti-assignment clause.
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Review of: Доц. Др Татјана Јевремовић Петровић: ГРУПЕ ПРИВРЕДНИХ ДРУШТАВА (Правни факултет Универзитета у Београду, 2014, стр. 522)
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The author analyzes the exhaustion of the trademark in the European Union. The subject of the analysis will be the provisions of the primary sources of EU law, the provisions of secondary sources of EU law, as well as the practice of the European Court of Justice.EU Member States have a national trade mark protection system and at EU level there is a regulation establishing a supranational trademark protection system. Parallel existence of these systems and their application in practice must be harmonized in such a way as to enable the smooth movement of goods and services in the internal market. The institute is the exhaust of the trademark is a form of legal restriction on the subjective right of the trademark holder. Since the national exhaustion of the trademark clears the internal market to the extent that there is a Member State in the EU, a system of regional exhaustion of the trademark has been introduced.
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In legal science, there is no single and comprehensive definition of arbitration. Most of the positive regulations that regulate it, both in the world and in our country (Law on Arbitration), leave out the question of its determination. Nevertheless, in science and legal practice, arbitration is most often defined through the presentation of the arbitration dispute, its elements, course and legal consequences, as well as by stating the differences between arbitration and the court process, i.e. arbitration and other alternative ways to resolve disputes (Alternative Dispute Resolution). . It is established that arbitration is an alternative to judicial dispute resolution, that it is formed by consensus, that is, the agreement of the will of the parties involved in it, that it is of a private nature, and that its decisions are legally binding and final. The paper tried to administratively explain the differences, i.e. different ways of acting in the case when the participants in international arbitrations come from different legal systems, especially the differences between the two most important and most represented prana systems in the world, the European, continental legal system and the Anglo-Saxon law (common law).
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In the paper, the author analyzes the advantages and disadvantages of international arbitration in disputes involving intellectual property rights. Disputes in the field of intellectual property rights have special characteristics. In the case of a dispute with an international element, problems arise with the jurisdiction of state courts due to the principle of territoriality of intellectual property rights. The right holder must initiate court proceedings in all states individually, which leads to protracted proceedings, increased costs and uneven court practice. For these reasons, the author analyzes alternative dispute resolution through arbitration in order to determine whether this method of dispute resolution is more acceptable to the parties than state courts. The author pays particular attention to the WIPO Center for Arbitration and Mediation as a permanent arbitration institution whose primary activity is the resolution of disputes in the field of intellectual property rights.
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With the creation of the European Union, European legislation is also created, whose normative activity regulates all legal branches for the sake of more effective functioning of the legal system. Thanks to the monopoly of industrial property rights, which were regulated by supranational regulations even before the creation of the European Union, a high degree of exclusivity in international business relations has been preserved.
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In this paper, the authors analyze the legal aspects of a loan agreement with a currency clause in Swiss francs. The authors start from defining the loan agreement, clarifying the currency clause and the variable interest rate, and based on the studied court practice in Serbia, Montenegro, Bosnia and Herzegovina, with a comparative review, they communicate the positions of the courts and the issues they dealt with. They often come across conflicting opinions and positions of the courts and see their initial disagreements, and wonder if there is a single solution (judicial, legislative, etc.) and which would be the most optimal. The authors set a framework for solving the problems related to these loans in the form of suitable legal institutes for application to this case. There is still no final solution and it is difficult to give a reliable forecast of the further development of judicial practice, especially in countries where there are no positions of the highest judicial instances. Based on the literature and judicial practice, the authors give and propose concluding opinions regarding the issues in question that have appeared as disputed in connection with this issue.
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The liberal professions are an essential component of any democratic society, with considerable potential for increasing employment and, at the same time, gross domestic product. The exercise of the liberal professions guarantees the smooth running of economic activities, and persons exercising the liberal professions must meet the highest professional and ethical requirements. The link between the liberal professions and the general interest also implies an ethical responsibility on the part of those who practise them, as they serve the rule of law while protecting the financial interests of their clients. In Romania, there is no uniform definition of the term "liberal professions" and, therefore, in order to unify and systematise legislation, a definition of the term "liberal professions" should be laid down in a separate legislative act, containing the general characteristics, establishing the various categories of liberal professions and setting out the general framework for the exercise of those professions. The regulation of the liberal professions must be compatible with European fundamental freedoms, in particular the freedom to provide services, freedom of establishment and freedom of movement.
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The creation of innovations is a key factor in maintaining the competitiveness and economically significant success of the modern company. Investing in and finding new solutions to problems is a business goal, as long as the innovators can count on their competitors not being able to easily adopt and implement the innovations. The article explores the role of the intellectual property system and the protection it offers in achieving leading market positions by Asian companies. The object of the research is innovation, and its subject is innovation leadership through intellectual property. The research aims to prove the market success of innovations based on intellectual property, as well as that the intellectual property system is an important prerequisite for stimulating innovation, protecting investments, realizing increasing revenues and maintaining the company's competitiveness. For the purposes of the study the author will use the leading object of intellectual property in innovation – the invention.
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This study refers to consumers with their important role that they have for the beneficial evolution of the market. The rights that are recognized to people in their capacity as consumers are presented, as well as the jurisdictional and non-jurisdictional ways by which they can capitalize on their recognized rights and can request the recognition of their legally established rights, the sanctioning of those who violate these rights and the recovery of damages that they were brought into the market activity by traders. The study has as a point of reference the union provisions in the matter of consumer rights.
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