Друштво са ограниченом одговорношћу - компаративни преглед

Author(s): Marijana Dukić Mijatović / Language(s): Serbian Issue: 55/2016

A limited liability company, as a capital company, is known in all member states of the European Union, as well as on the global level. In this manuscript, the author presents a comparative overview of the legal regulation of limited liability companies in Germany, the UK and in domestic legislation. The tendency of various legislators was to provide limited liability companies better market conditions for business. The aim is to analyze the current legislation to the appropriate legal framework at different levels of the national limited liability companies that can contribute to economic development.

Правне последице неплаћања премије неживотног осигурања у одабраним правним системима ЕУ и српском праву

Author(s): Slobodan Jovanović / Language(s): Serbian Issue: 47-48/2014

Insurance premium represents one of the key elements of insurance contract, which in all jurisdictions is subject of due attention. Because the price policyholder pays insurer for providing service of insurance coverage, an essential question is to how the legal consequences of non-payment and delay in premium payment affect the policyholder's rights, consumer protection as well as rights of the insurer regarding termination of the insurance contract, respecting time limits and advising the policyholder about his rights and legal consequences for delay in premium payment. For such a goal, the author has carried out a study and compared relevant legislations of the given EU Member States and Serbia. The paper provides useful insight into the advantages and drawbacks of the comparative solutions and shows a desirable direction for development of the Serbian insurance law reform in the Draft Civil Code and other pieces of legislation concerning insurance contract.

Превентивна археологија у служби заштите градитељског наслеђа кроз пример важеће законске регулативе Француске о разлозима и условима настанка превентивне археологије у ЕУ

Author(s): Aleksandra Mirić,Nađa Kurtović Folić / Language(s): Serbian Issue: 43-44/2013

Large number of existing archaeological sites are endangered by development of urban and rural infrastructure and other construction works. With disturbance of stratigraphy of the ground and damaging of construction elements, the readability of archaeological remainings and, therefore, possibilities for scientific research are compromised. Such damage can lead to irreversible loss of precious data and valuable artifacts from the past. Preventive archaeological research today is an obligatory element and precondition to realization of infrastructural and construction work of larger scales in most of the countries of European Union. One of the examples is France that regulated this issue through legislation and institutions by adopting the Law on preventive archaeology in 2001. In the same year National Institute for Preventive Archaeology of France (INRAP) is established. This article presents the analyses of valuable and applicable solutions of above mentioned Law, as well as comparison with Law on Cultural Heritage from 1994. Analyze will present the level of effectiveness of legislation in two countries, primarily concerning development of research in the field of preventive archaeology. It will also present the effects which preventive archaeology has on development of archaeological science as independent scientific branch, as well as influences on protection, preservation and presentation of cultural heritage.

Упоредна анализа разбојништава у неким земљама Европе и Републици Србији

Author(s): Žarko Braković / Language(s): Serbian Issue: 42/2012

Robbery is a crime, which, because of its dual nature, manner of execution and its effect, draws special attention to the public, requires the need for permanent and thorough analysis. Considering the various factors that influence on the manifestations of these crimes in several states is also necessary during the analysis of these types of crimes. There is also the question of the impact of prevention and criminal policy in preventing robberies, as well as the degree of efficiency of formal social control subjects and their impact on reducing the number of offenses of robbery. The economic development of the country as one of the attributes that can have an impact on the fluctuation of this crime, certainly, deserves significant role in analyzing the manifestation forms. We have tried, in terms of space, to dedicate due attention to each of these issues.

FLEXIBILIZATION OF THE WORK SCHEDULE, ONE OF THE MOST WANTED FACILITIES AFTER THE END OF THE PANDEMIC

Author(s): Dan Ţop / Language(s): English Issue: 3/2022

In recent years we have witnessed a series of important changes in labor law,determined both by the need of companies to keep their employees motivated and productive,and by the trends imposed by the new generations that give more importance to personal and professional life. who prefer flexible hours, to the detriment of the rigid standards imposed bathe relevant legislation. Many employees want a more flexible work schedule once the Covid-19 pandemic is over and they will have to return to work. Some opt for moderate options, while others want to make significant changes, such as adopting a hybrid work regime. This requires that employees be able to choose their work schedule and also where they want to work. If most of the countries in which the 4-day-a-week work schedule was tested considered a proportional reduction in the number of hours worked in a week with the maintenance of the salary unchanged, it should be noted that in Romania and Belgium, the concept of short working week only considers a merging of the 40-hour working week into 4 working days and the granting of 3 days off. Another way to make work more flexible regulated by the Labor Code is the individualized work schedule. However, an important aspect, which deserves to be pointed out and which concerns both situations described above, is the one related to the fact that, once the state of alert is over, the regulation of telework will be done exclusively based on Law no. 81/2018

DE NOUVELLES ANOMALIES DE CONDAMNATION OU BIEN QUELQUES IDEES CONCERNANT LE JOUR-AMENDE

Author(s): Ágnes Pápai-Tarr / Language(s): French Issue: 1+2/2021

Even though inflicting fines is the most frequently imposed sanction in Hungarian judiciary practice, Hungarian legal literature tend to neglect the issue of fines. Since the last comprehensive reform of fines in 1978 (Act 4), fines have been inflicted in two steps, following the Scandinavian model. Theoretically, the two-step fining system is the most capable of imposing an individualised sanction. In spite of the well-based practice of inflicting fines, there has been obvious malpractices and judiciary errors recently. The aim of this study is to map the theoretical and practical problems concerning the fine as a sanction, and also to present the overall tendencies in sanctioning practice if fines. I would like to offer a recent report on fining, in order to make up for the debts of legal literature.

Reglementări de drept comparat privind incriminarea traficului ilicit de droguri

Author(s): Iurie Larii,Marian Nucu / Language(s): English,Romanian Issue: 14/2021

The legal system of any state reflects the attitude towards the problems generated by crime, including the phenomenon of drug addiction. Aware of the danger posed by the multiple categories of antisocial acts, doubled by the existence of a variety of legal systems, the states of the world, in order to prevent procedural imbalances, have taken measures to lead to the adaptation of a new legal framework, by incriminating new facts regarding organized crime, adhering to international, European, regional or bilateral treaties, conventions and agreements, thus ensuring the institutional framework focused on preventing and combating illicit drug trafficking.

Detenţia separată a diferitor categorii de condamnaţi la închisore: analiza comparativă a experienţei ţărilor străine şi Republica Moldova

Author(s): Cornel Osadcii / Language(s): English,Romanian Issue: 14/2021

The article deals with the problems of separating persons sentenced to prison in penitentiaries in the Republic of Moldova. The comparative analysis of similar problems in penitentiary system in foreign countries during the execution of the prison sentence is performed. The most effective and promising developments in the field of separation of different categories of convicted persons are elucidated.

ANALIZĂ COMPARATIVĂ PRIVIND REGLEMENTAREA FIDUCIEI ÎN SISTEMELE DE DREPT CIVIL

Author(s): Günay Duagi / Language(s): English,Romanian Issue: 4/2020

Fiducia has been regulated in a relatively small number of civil law jurisdictions in Europe and around the world. Although derived from Roman law, from which all civil law systems derive, we still observe that the regulation of fiducia is not uniform. We observe a wide variety of rules on the contract of fiducia, which relate to the duration of the contract of fiducia, the parts of the contract of fiducia, the powers and obligations of the fiduciary, and others. At the same time, we note that the way in which fiduciary rules are regulated is not uniform either. Some civil law states have incorporated these rules on fiducia into civil codes, other states have taken over the rules of the Hague Convention on the Recognition of Trusts, and others have disparately regulated this institution in normative acts specific to certain branches of law. Given the above, the objective of this study is to address some issues of comparative law in terms of regulating fiducia in civil law systems, in order to highlight the similarities and differences between them. Also, another objective of the study is to deal dynamically with the development of fiducia regulations, in order to be able to estimate a trend in the regulation of this institution, taking into account the success of the similar institution adopted in Anglo-Saxon law systems, and namely the trust.

Alan Watson: Legal Transplants. An Approach to Comparative Law (The University of Georgia Press, Athens and London, 1993)

Author(s): Oliver Antić / Language(s): Serbian Issue: 4-6/1997

Преустройство на правната идеология в Китай

Author(s): Ji Weidong / Language(s): Bulgarian Issue: 1/2018

Прехвърлянето на собственост чрез облигационно действие в гражданския кодекс

Author(s): Serge Vicente,Jean-Pascal Jean-Pascal Chazal / Language(s): Bulgarian Issue: 2/2014

Правно положение на кредиторите по Павловия иск според френската и българската цивилистична доктрина

Author(s): Tanya Yosifova / Language(s): Bulgarian Issue: 1/2013

ОДРИЦАЊЕ ОД НАСЛЕЂА У ЈУГОСЛОВЕНСКОМ И ФРАНЦУСКОМ ПРАВУ

Author(s): Ana Želčević Duhamel / Language(s): Serbian Issue: 1-3/1991

The statement on renunciation of inheritance is a unilateral legal transaction which should meet general requirements for the validity of legal transactions - which is a solution both in French and Yugoslav laws. At the same time, inheritance renunciation is in both legal systems a legal power which is established in favour of persons claiming the ingeritan- ce. However, in French law both positive and negative statements of a successor have the character of legal power since they create specific legal change, which is the expression of the right of choice which takes place at the moment of the transfer of inheritance into the successors and which is later transformed into definite acquisition of the capacity of being a successor, or, as the case may be, into renunication of such capacity. In Yugoslav law this can be said only of the statement of renunciation, since tire statement of accepting the inheritance does not provoke a legal change at all, since the law presupposes that the successor has accepted the inheritance. The reason for existence of the successor's statement is providing certainty into the relations of interested persons. The author considers that the solutions adopted by Yugoslav law are more adapted to the requirements of legal security, because they are simpler and more up - to date than the one in French law.

Ain’t that funny?

Author(s): Natalie Alkiviadou / Language(s): English Issue: 1/2022

This paper provides a legislative and jurisprudential comparative of European and U.S. case Law on humour. Whilst the Europe-U.S. comparison, in the ambit of expression, has been looked at extensively, there has yet to be a focus on the varying ways in which humour is treated in the two spheres. What will become evident is the intricacy of cultivating just legal tests to be used by the judiciary in deciphering an inherently abstract theme. At the core of these tests at the European level, is a balancing exercise between the right to offend and the right to be free from offence. However, the multitude of available interpretative routes, in addition to the array of differing human responses to humour, renders such tests and their application legally fragile. This reality raises concerns vis-à-vis the fundamental right of freedom of expression and becomes particularly topical within the current digital age and the “polarizing dynamics of social media” Godioli (2020:1). The analysis will demonstrate that humour receives much greater protection in the U.S. Framework due to the First Amendment whereas the highest regional human rights court in Europe, namely the European Court of Human Rights is quick to limit humorous speech on grounds of offending others, thereby demonstrating a backsliding of the fundamental freedom of expression, including humorous expression in the region.

Цивільно-правова характеристика умов обгорткових ліцензійних договорів

Author(s): Kyrylo Anisimov / Language(s): Ukrainian Issue: 157/2022

The article is devoted to the study of the most significant features of the terms of wrap license agreements. In the domestic civil law science, the outlined topics are not properly developed. At the same time, the process of Ukrainian Civil Law recoding, attempts to reform both the Contract Law general principles and the provisions on disposal of intellectual property rights agreements, as well as globalization and European integration processes strengthening require intensification of scientific efforts. The author considers the features of wrap license agreements that directly affect their content. The contract theory and practice of the USA, Canada and the United Kingdom in the relevant field are analyzed and generalized. On this basis, the subject of wrap license agreements is formulated as the permission to use the objects of copyright and (or) related rights. It is proposed at the Civil Code of Ukraine level to consolidate the possibility of granting only non-exclusive licenses under the studied agreements. It is emphasized that under these agreements only the right to use the object of intellectual property rights could be provided. It is proved that the use of the object of copyright and (or) related rights for functional purposes coexists with its proper legal use. It is pointed to the need to ensure the possibility of temporary use of such an object outside Ukraine, if there is no term concerning the territory in the agreement. It is noted that when the licensor establishes the auto-prolongation of wrap license agreements, the licensee must be duly warned about this and provided with a transparent possibility to refuse the prolongation. The importance of establishing the non-paid presumption of wrap license agreements is substantiated. The most common in the software and databases mass markets payment models for the use of copyright and (or) related rights are named. Finally, it is concluded that it is necessary to conduct further research of the wrap license agreements and to enshrine them into the civil legislation of Ukraine.

PROCEDURAL ROUTES AND ALLOCATION OF CASES IN HUNGARIAN CIVIL COURTS

Author(s): Anna Nyilas / Language(s): English Issue: 1/2022

During the codification process of the Hungarian Code of Civil Procedure, there was an open debate on whether the course of civil procedure should be unified, or some kind of differentiation would be more appropriate and efficient. There are various issues that arise if the legislator decides to have a number of different procedural routes in litigation. For instance, what should be the grounds of distinction, and what aspects of the procedure need to be regulated within these procedural routes. In addition, the choice between the routes can be given solely to the legal rule, or to the judge in the particular case, or to be discussed jointly by the parties and the judge in an early stage of the procedure.This study examines the existing procedural routes in Act CXXX. of 2016. on the Hungarian Code of Civil Procedure, their characteristics and the main areas of future development. It aims to explain the underlying factors the judge may consider when choosing between these routes. It also points out the scope of discretion the rules allow for the judge in managing the case, and also the limits of judicial discretion. Besides, some applied and functioning solutions from certain European jurisdictions are taken into consideration.

Despre dreptul de trecere în Codul civil român

Author(s): Anthony Matthew Dima Murphy / Language(s): Romanian Issue: 08/2022

Legal arrangements pertaining to neighbours’ relationships are permeated by the idea of community. A textbook example is the right-of-way, which arguably breaches the sacred inviolability of private property in its quest to provide adequate access to the public road for a landlocked parcel. The present paper examines the manner in which the Civil Code of Romania (2009) managed to bridge the unbridgeable, i.e., the individualist essence of private property and the collectivist flavour of neighbours’ relationships. Methodologically, this article debuts with a brief historical and comparative study of the right-of-way from the viewpoint of related legislations (i.e., the French Civil Code and the Civil Code of Quebec), it examines the terminology employed by the legislator and analyses the legal regime of said institution. The author argues that the cornerstone of this fine balance is the legal nature of the right-of-way: in denying it the stature of a real right (ius in re), the legislator established this sui generis right as a legal limit to the exercise of private property. Consequently, the right-of-way is solely a creation of the law, whereas only its manner of exercise can be settled by way of contract, continuous usage or court decision. Therefore, the author stresses the semantical inconsistency encountered within legal literature, which confuses the very origin of the right-of-way, which is inherently legal in its nature, with the concrete manner of usage, which the legislator left to the will of the contracting parties or the judge summoned in the event of litigation, respectively. In addition, the author argues that a land book entry may cover the right-of-way only in the form of a notation, and not as a compulsory registration, either permanent (intabulation) or provisional, since the latter two solely concern tabular rights, which solely consist of real rights on real estate.

Компетентност за издаване на нормативен акт в Република Гърция

Author(s): Hristos Kazandzis / Language(s): Bulgarian Issue: 1/2009

УПОРЕДНИ ПОГЛЕД НА СРПСКЕ УСТАВЕ

Author(s): Dragoljub Popović / Language(s): Serbian Issue: 4/1989