МИЛАН ШКУЛИЋ: ОСНОВИ КРИВИЧНОГ ПРАВA СЈЕДИЊЕНИХ АМЕРИЧКИХ ДРЖАВА
Review of: МИЛАН ШКУЛИЋ: ОСНОВИ КРИВИЧНОГ ПРАВA СЈЕДИЊЕНИХ АМЕРИЧКИХ ДРЖАВА (Правни факултет Универзитета у Београду, Едиција CRIMEN 53, 2021, стр. 369)
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Review of: МИЛАН ШКУЛИЋ: ОСНОВИ КРИВИЧНОГ ПРАВA СЈЕДИЊЕНИХ АМЕРИЧКИХ ДРЖАВА (Правни факултет Универзитета у Београду, Едиција CRIMEN 53, 2021, стр. 369)
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The legal issues involved in the construction and use of the built environment are complex, diverse and of fundamental importance to commerce and society around the world. However, legislative and judicial inroads into construction activity remain susceptible to parochial concerns, resulting in legal regulation tending to run counter to the desire of international commerce for certainty and coherence. In turn, the construction law community displays a preference for legal mechanisms which, to the extent possible, transcend local regulation, such as standard forms of contract and international arbitration. This paper argues that the apparent conflict between construction law regulation and the community’s preferences can at least partially be explained by reference to scholarship on ‘Private Legal Systems’ (PLSs) which has been undertaken in relation to other transnational commercial endeavours. It suggests, therefore, that applying a PLS-based analysis to international construction may assist in promoting greater coherence in this vital point of interface between commerce and the law.
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For major infrastructure projects in Romania which are awarded under the a public procurement procedure, the recommendation of the EU Commission was for the usage of the FIDIC General Conditions of Contract (hereinafter FIDIC GCC). They were also included as part of the Romanian internal legal system under the provisions of several normative acts issued by various institutions1. Such implementation included, beside the main General Conditions and Special Conditions, additional clauses related to the adjustment of these general documents to the specifics and requirements of Romanian Contracting authorities. There could be a separate debate on whether or not such adjustments were for the benefit of the projects – being quite generally admitted that they affect the initial FIDIC intention to balance the parties’ position in such contracts, by imposing a more onerous position on Contractors and less liabilities on the Employer/Contracting Authority, but this exceeds the purpose of this article.It is just to be pointed out that most of the infrastructure projects awarded by Romanian Contracting Authorities are based on the FIDIC principles and as such the issues related to the statute of limitation are of significant importance for the Contractors and Employers alike being known that disputes arisen shall be settled considering not only the FIDIC principles but also the principles applicable in Romanian law.
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The maintenance contract can be concluded regardless of the kinship relationship between them, based on the agreement of the parties and the observance of the legal requirements of validity. Like the maintenance contract, the right to legal maintenance cannot be assigned or pursued. Both the contractual maintenance obligation and the legal maintenance obligation are usually provided in kind. The legal maintenance obligation can be transformed into the payment of a sum of money necessary for living, called the maintenance pension. "Through the maintenance contact, a party undertakes to perform for the benefit of the other party or a certain third party the services necessary for maintenance and care for a certain period." Regarding the duration of the maintenance "if the contract did not provide for the duration of the maintenance or provided only its lifetime, then the maintenance is due for the entire life of the original creditor." There are no radical changes compared to the maintenance contract regulated by the old code, except that it provided as a general rule the duration of the contract during the life of the creditor. "Through the maintenance contract, one of the parties (called the maintainer) undertakes to ensure the maintenance of the other party (called the maintenance party) throughout his life, in exchange for a sum of money or the alienation of something." In practice, it would also be possible to conclude a maintenance contract for the life of several persons (dependents). In principle, the maintenance obligation is performed on a daily basis but the parties may derogate from this rule by convention. The place of execution is the one provided by the agreement, and in the absence of an express stipulation, at the creditor's domicile, the payment being portable. Although the current provisions are quite clear regarding these aspects that are taken from the practice prior to the entry into force of the New Civil Code, there have been many cases that have left room for interpretation. The maintenance being indivisible, any of the creditors can request the full execution from any of the debtors. The maintainer has the obligation to bury the maintenance according to the custom of the place. The maintainer may be obliged to pay a sum of money to the maintenance party in case of replacement of the maintenance by rent. The replacement of the maintenance is done through the court "if the provision or receipt of the maintenance in kind can no longer continue for objective reasons or if the maintenance debtor dies and no agreement is reached between the parties" (art. 2261 NCC). Once the maintenance is replaced with an annuity, the rules governing the life annuity contract will apply.
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The article aims to analyze the jurisprudence of the highest courts regarding the interpretation and application of guilt plea standards known in the United States of America as the "Alford" or "nolo contendere" pleas. In this regard, it will briefly present the special procedure of the guilty plea agreement, with a focus on the acknowledgment of guilt and the imputed offense by the defendants. Furthermore, it will present the elements of the aforementioned American procedures and recent relevant jurisprudence, followed by a conclusion.
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This article explores the application of the principle of subsidiarity in the European Union's (EU) shared competencies, which plays a crucial role in ensuring effective and balanced governance between the central level and lower levels of government. In areas of shared competence, where responsibilities and decisions are divided between the EU and its member states, the principle of subsidiarity determines when and how these competencies should be exercised. Furthermore, the article focuses on the specific application of subsidiarity in the field of the environment, where EU policies aim to protect the environment and address climate change. Overall, the article highlights the significance of the subsidiarity principle in the EU's governance structure and its relevance in the field of shared competencies, particularly in environmental matters. The article emphasizes the significance of necessity and efficiency in EU action, where decisions should be made at the appropriate level of governance. It sheds light on the roles of EU institutions and member states in upholding the principle of subsidiarity. By adhering to this principle, the EU strives to strike a delicate balance between centralized authority and the autonomy of its member states.
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The present study proposes to offer a perspective on the ways in which the UN Convention on the International Sale of Goods (Vienna 1980) influenced the Asian legal systems, showing the main challenges determined by the application of the Convention. The analysis focuses on the way in which the Asian states implemented the Convention, by referring not only on the legal point of view, but also to the historical, economic and social context of that time, thus offering a local perspective within an overall, global level.
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This article aims to present questions concerning conflicts of norms or conflicts of laws that may arise through the application of public law (including administrative law) in proceedings before arbitration or state courts. The starting point for handling such conflicts tends to be interpretation, which, leading to the proper reconstruction of an applicable norm in a case, usually allows avoiding the question of the conflict-of-law rule (apparent conflicts), but not in every case. Some multilateral agreements contain provisions on the law applicable in investment disputes. As a result of the development of European law, one can observe the tendency to lower the significance of arbitration and increase the competence of state courts, as has been the case with intra-EU investment disputes in recent years. Thus a number of BITs between the Republic of Poland and third countries (non-EU countries) remain in force, where some of them contain provisions on the applicable law. One can expect that these conventions will also be dissolved and supplemented mainly by mixed agreements in the near future. The conflicts of laws and norms in investment disputes occur on different layers. The way of applying law differs according to the nature of state courts and international arbitration. It can become significant in the light of the transfer of competences to national courts, as a consequence of the termination of intra-EU BITs. It is advisable that during the ongoing discussions on the creation of the Multilateral Investment Court, a regulation on the legal basis of its decisions should also be adopted, as it concerns procedural, material and conflict-of-law aspects.
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The conflict-of-laws rules laid down in an international agreement binding Poland and a non-Member State enjoy priority over rules of national origin (where a situation does not fall within the scope of EU conflict-of-laws rules), as well as over EU private international law rules (on the basis of the clauses provided for in the EU Regulations), yet in both cases exclusively in scenarios falling within their own scope of application. With regard to conflict-of-laws rules of a bilateral international agreement, such as those provided for in Article 35 of the Agreement of 1993, the characterization has to be carried out independently from the understanding of specific concepts that may be inferred from national substantive law or from private international law, be it of domestic or EU origin. As to the determination of the “material scope” of such conflict-of-laws rules, the textual interpretation of a bilateral agreement in question should play crucial role. Although the conflict-of-laws rules of such agreements generally call for characterization of the legal institutions established by the legal order of one of the two Contracting States, the comparative study limited to those two legal orders can merely serve as guidance when it comes to the determination of the “material scope” of those conflict-of-laws rules. While it is difficult to formulate generalizable conclusions concerning the “spatial reach” of the conflict-of-laws rules provided for in a bilateral agreement, it can be argued that — in the course of a dispute before a court — the law designed as applicable under Article 35 (1) of the Agreement of 1993 applies to the assessment of tort liability originating in an event that occurred on the territory of Poland or Ukraine, if the individuals involved in the tort have their domicile (seat) on the territory of Poland or Ukraine, and — although this is highly debatable — insofar as they have the nationality of one of these States, provided that all the above-mentioned elements do not link the situation underlying that dispute exclusively with only one of those States.
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The aim of the article is to provide an overview of the international and EU law framework concerning the relation between the research and teaching. The analysis of internal regulations of selected European states is provided for a broader vision and comparative perspective. Such an overview constitutes the initial ground for further research and evaluation of the applicable law and its implementation. The article constitutes a summary of the initial phase of the research project dedicated to the impact of the legal research on legal education based on the projects funded by the Polish National Science Centre.
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This study aims to analyze the trends of direct taxes at the level of the Countries of the European Union by observing the changes in the level of evolution, the share in GDP, the structure and the percentage change from year to year of direct taxes over a period of 24 years in order to observe the impact determined by the phases of the economic cycle on direct taxation and how it was affected by the periods of recession or expansion that took place during this period. An econometric analysis is also carried out to test the impact that corporate income, payroll and property taxes has on economic growth in the countries of the European Union, with the exception of Malta, in the case of data for income from property taxes because they are not available in the databases, using a panel dataset over a period of 24 years and during the time period 1997-2021, which was collected from the eurostat, world bank and OECD websites. The model used is based on his analysis (Barro, 1990) which focuses on how factors such as the accumulation of capital and the level of education in the labour market influence economic growth. It is concluded that fiscal policy, monetary policy and government spending are the key macroeconomic components that have an influence on economic growth. Thus, in order to analyse the impact of direct taxes on economic growth, it is necessary to take into account other variables such as government spending because, given that their financing is made from taxes, this leads to a reduction in the level of investments and incentives for work, which leads to a negative impact on growth.
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The Internet’s mass scale popularization has led to a change in the way people participate in culture: Internet users (especially young people) are now not only consumers of culture, but also its active creators. This creativity manifests itself in undertaking various activities on the Internet, such as, among others, producing remixes, writing fanfics, creating memes, blogging, or recording podcasts. This phenomenon is referred to in the literature as the “culture of participation” due to its universality and global character. This article deals with remixes in the context of the Polish Copyright Act. The aim of this study is to analyse the provisions of the Polish Copyright Act that may apply to remixes and to indicate the difficulties associated with classifying remixes to appropriate categories that function under Polish copyright law and to attempt to make such a classification. This goal is critical as it directly affects the rights of creators of original works and the potential obligations of creators of remixes.
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All three types of contemporary interventionism in the economy (international interventionism, European Union interventionism, state interventionism) are related to the situation of EU Member States. They are in a mutual relationship of coexistence and dependence as well as complementarity. Neither international interventionism nor EU interventionism deprive the state interventionism of EU Member States of their raison d’être. However, this interventionism is different from the traditional state interventionism of the 19th and the first half of the 20th centuries. It is so because modern states aim to obtain the civilization level of developed countries. Therefore, it should be the duty of the state to strive for membership in the most important international and integration organizations and to ratify other international agreements that are important from the perspective of society and the economy. Thanks to this, the society of a given state can count on the fact that its national authorities will use modern patterns and standards of civilization development. Currently, they are concerned not so much with the economy and its mechanisms as with broadly understood security (climate, energy, health, demographic and social security). Security is to be guaranteed by the appropriate social and economic policy of the state. Contemorary state interventionism therefore consists in implementing the standards and solutions established under the law of international and EU intervention into national laws and practice. It is also connected with the necessity to supplement certain solutions by means of national provisions, if allowed by the provisions of international and EU law.
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The contribution deals with joint inspections of European Union Member States’ authorities in the framework of administrative cooperation. Joint inspections are cross-border operations that should be understood as the executive activity of officials (officers) representing the administrative authority of one Member State, (co)operating on the territory of another one. Cross-border administrative cooperation is an expression of the shared responsibility of Member States for the effective implementation of EU law.
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The article shows the growing role of Islamic economy and capital in the world. Selected undertakings to encourage Islamic capital investment in France, the UK and the USA are presented. The conclusion is that it is necessary to harmonize Islamic accounting with conventional accounting, showing both the reasons and the difficulties of legislative work in this area.
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The article analyzes the provisions on settlements in EU and US competition law. It focuses primarily on determining what conditions should be met for the company to be able to use this form of termination of antimonopoly proceedings. The article also examines whether participation in a settlement procedure is available to any potential company that has infringed competition law and whether there are sufficient incentives for companies to induce them to participate in such a procedure. The juxtaposition of solutions adopted in the EU and the USA made it possible to identify elements of a model solution for settlements in competition law.
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This study aims to analyze cyber notary regulations in Indonesia and Japan, analyze the similarities and differences in cyber notary regulations in Indonesia and Japan and explore what benefits can be drawn from cyber notary regulations in Indonesia by using the theory of legal certainty, comparative law, legal system, and the idea of legal authority. The legal materials in this research are primary and secondary legal materials using normative research methods. According to the study, the concept of a cyber notary in Indonesia is still conceptual. At the same time, in Japan, the cyber-notary is regulated in law No 74 of 2011 concerning the Notary Act, which has differences related to Notary Organizations, procedures for carrying out cyber-notary, Certification Authority/Certified Service Providers, and witnesses.
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The purpose of this research is to compare the analysis of the legal authority of a notary in Indonesia with the control of a notary in the United States. This is normative legal research with a statute, conceptual, and historical approach. According to a study, in carrying out their duties and positions, notaries in Indonesia are subject to and obedient to the law, which lies in the enactment for all of Indonesia. In contrast, in the United States, each state has its notary law. The legality of electronic signatures is valid in the eyes of the law when they meet several conditions. Electronic signatures must be certified to guarantee trust for the owner, namely in the form of authentication data. Any signature requirements under the law can be met in the states and territories where ESIGN is valid. In addition, electronic signatures can be presented as evidence and will survive in court as applicable. Uniform Electronic Transactions Act applies in some Indonesian states and territories.
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This research aims to determine the legal consequences and responsibilities of notaries for deeds made based on inconsistencies in the verification of personal data of electronic signature owners according to Indonesian and United States law. The type of research used is normative legal research with a statutory, conceptual, and comparative approach. The research results show that notaries in Indonesia are public officials who are state organs equipped with general powers, authorised to carry out part of the state's power to make written and authentic evidence in civil law. At the same time, notaries in the United States are referred to as public notaries, with authority only limited to legalising or said as determining the certainty of the date and signature of the person who affixed it. The legal consequences and legal responsibility for deeds made by notaries that are not based on the suitability of verifying the personal data of the owner of the electronic signature according to Indonesian and United States law, that in Indonesian law, the liability of notaries in certifying electronic deeds refers to the provisions of notary responsibility in doing conventional deeds because the rules related to electronic signatures in Indonesia do not yet exist. Meanwhile, notaries in the United States are fully responsible for authenticated electronic signatures.
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Spatial planning in Germany and Poland has a long history. In addition to individual spatial planning, there are also joint as well as general European approaches to the use of space. The article first shows the legal framework at national and supranational level, followed by an in-depth presentation based on several projects from the energy and infrastructure sectors. Finally, the similarities and differences are worked out.
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