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Reforma parničnog postupka u Bosni i Hercegovini

Author(s): Duško Medić / Language(s): Serbian Publication Year: 0

Codes of Litigation Procedure of the Republic of Srpska and the Federation of BiH has many added features that significantly speeds up the entire civil action in court. Many solutions to these laws are completely new, while some uncritically taken over from Anglo-Saxon legal system. We hope that after initial difficulties, which are inevitable in such situations, the situation in this area will be better and that the value of these laws still come to full expression.

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Sportsko pravo u Republici Hrvatskoj

Author(s): Dejan Šuput / Language(s): Serbian Publication Year: 0

National sports legislation in South East Europe countries is complex and differs from country to country. During the years, it became almost a rule that most south and the east European countries have adopted an interventionist sports legislation model. That model is also applied in the Republic of Croatia. Within this artice laws regulating sport and sport related activities in Croatia were analysed and presented. Croatia applied interventionist sports legislation model that makes their legal framework regulatin sports comparable with Serbian legal framework reulilating sports. Serbian Law on Sports is very obsolete and the legislative practice of countries like Croatia could be a good example of how the reform of legal framework regulating sport should be performed. Although performed analysis and presentation of Croatian laws regulating sports contribute to the process of proper evaluation of the quality of current Serbian Draft Law on Sports and even though Croatian Law on Sports represents a good practice in conducting regulatory reform that could be followed by Serbian legislator, it is necessary to stress that automatical takeover of any foreign model and simple copying of foreign laws, without taking into account about specific needs of the Republic of Serbia and conditions in which is its sports system, can lead only to creation of ideal theoretical model that would not have a big chance to be efficiently applied in practice.

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Arbitražno pravo država u regionu zapadnog Balkana

Author(s): Katarina Jovičić / Language(s): Serbian Publication Year: 0

In this paper laws regulating arbitration in Serbia, Croatia, Macedonia, Montenegro and Federation of Bosnia and Herzegovina and Republika Srpska were analyzed and presented. Above listed countries were member states of the former Federal Republic of Yugoslavia and their arbitration rules and procedures were regulated by Civil Procedure Law which has been applied as a federal regulation. Nowadays, those countries have their own national laws regulating arbitration and arbitration proceeding. Within the first part of this article national sources of arbitration law were presented and in relation to them two different legislative techniques were recognized. Those two legislative techniques are the following: the first is applied both in Serbian and in Croatian legal system where all the relevant rules were comprehensively prescribed within a specific law regulating arbitration; the second is applied in other legal systems where rules on arbitration are prescribed by general law regulating civil procedure. The central part of this article is dedicated to comparative analysis and evaluation of quality of the particular legal norms which are dealing with the following issues related to arbitration procedure: arbitrability; when the arbitration is international; arbitral agreement; arbitrators and arbitration tribunal; arbitral jurisdiction; rules of arbitral proceeding; arbitral award and judicial review of arbitral awards. The review of relevant regulations of Western Balkan Region showed that previously listed issues are regulated in two different ways within national legislation. Within the first group of countries are the ones whose national legislation is based on the principles promoted by UNCITRAL Model Law on Arbitration. The second group comprises states and their national legislation which kept, with minimal amendments and novelties, rules previously prescribed by Civil Procedure Law of the former Federal Republic of Yugoslavia. The states representing the first group are Serbia, Croatia and Montenegro, as well as Macedonia regarding legal norms regulating international trade arbitration. Within second group of states are Federation of Bosnia and Herzegovina and Republika Srpska and partly Macedonia, taking into consideration Macedonian rules on national arbitration. The conclusion of this article presented opinion that the states from the first group established good legal and institutional conditions for development and promotion of arbitration, while the states form the second group haven’t recognized a need for changes in that field, despite doubtless international success of arbitration as a legal institution.

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Neka pitanja nematerijalne štete u zakonodavstvima pojedinih zemalja bivše jugoslavije

Author(s): Tamara Đurđić / Language(s): Serbian Publication Year: 0

The question of non-material damages has always been the main issue in legal theory and still is the subject of interest in legal doctrine, nowadays. We can come across with different concepts about non-material damages in European countries legislation, which lead to various solutions of some relating legal problems, such as compensation right of legal entities. Compensation right is usually recognized in the field of non-contractual responsibility in most legal systems, but the question whether or not this right is recognized in the field of contractual responsibility still arises. The reason why this question is of great importance in our legislation is that it is very hard to say without any doubt whether or not our legislator recognizes compensation right in the field of contractual responsibility. In that sense, there is a big gap between our theory and judicial practice. Besides, comparative overview of legislation in former Yugoslavia countries about non- material damages is of great importance for upcoming changes in our legislation in the process of harmonization with European Union law. For comparative analyze of regulation of non-material damages, some legal solutions of Montenegro, Slovenia and Croatia are taken into consideration.

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Zabluda i njen odnos sa kauzom ugovora

Author(s): Katarina Tasić / Language(s): Serbian Publication Year: 0

The Legal systems we dealt with within this work in, practically, identical way, regulate the institution of mistake, with small aberrations that are more of formal than of fundamental nature. Stating the cases in which mistake would be of a vital importance, it is firstly stated that mistake would be definitely essential, and then, by stating one basic rule, it is predicted in which cases, beside those that are clearly stated, mistake would be essential. If there is an essential mistake on the occasion of signing the contract, it will lead to the disturbance of contract cause, hence the contract would be voidable. It is as well anticipated by all the laws we dealt with within this work, that the contract will not be signed unless contractual parties believe that they are concurrent, but, in fact, there is a misunderstanding about the nature of agreemen (contract) or about the cause or the grounds of the contract ( i.e. about the nature of the law or any other important part of the contract), in which case the cause will be omissioned and, for that reason, contract will be void.

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The Consequences of Approaching the Economic System of the Republic of Serbia to the Market Economy Conditions – Introducing the Institute of Nuptial Agree Ment Into the Serbian Family Law

Author(s): Monika Milošević / Language(s): English Publication Year: 0

Family Law of the Republic of Serbia from 2005 introduces the possibility of closing nuptial agreements. Those agreements represent a novelty in the Serbian law. Before this law was passed, nuptial agreements had not been permitted, i.e. there had been no possibility to change the legal property regime. Joint property regime had been a compulsory property regime. The author of this article analyzes Art. 188. of the Family Law of the Republic of Serbia, which introduces the possibility for spouses or future spouses to regulate their property relations based on the existing or future property, in a way that suits their needs and interests, and she also examines at what extent is this agreement applied in Serbia.

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Înnoirea legislației civile - așteptări și rezultate. Privire specială asupra unor instituții de drept succesoral

Author(s): Bogdan Pătrașcu,Ilioara Genoiu / Language(s): Romanian Publication Year: 0

The authors make a comparative assessment of succession law institutions, taking into account the Civil Code of 1864 and the Civil Code in force today. In this context, are also considered issues with wider coverage but with impact on one or other of the legal institutions. We refer, for example, to the monistic vision of private law, and also to the concepts of law, to the legal language in general.

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Succesiunea reglementărilor de drept material aplicabile moștenirii după Marea Unire

Author(s): Silviu Dorin Şchiopu / Language(s): Romanian Publication Year: 0

Although it brought together the historical provinces, the Great Union from 1918 did not mark as well the moment of a legislative unification in the matter of inheritance law. The territory of Romania resembled to a legislative mosaic consisting of the Romanian Civil Code from 1864, the Austrian Civil Code, the Hungarian customary law, the Hungarian laws and the Imperial patents as well as the Islamic law. This was the starting point of an evolution that, in terms of legislative unification, culminated with the extension of the civil legislation from the Old Kingdom to the other historical provinces. Since more than once the succession procedure is neglected by the heirs, even over several generations, the study of the succession over time of the regulations of substantive law applicable to the inheritances does not lack practical utility, still being encountered situations in which could be invoked dispositions of material law that ceased to be in force in Romania since the first half of the century or more recently, such as the case of the Romanian Civil Code from 1864. Remembering the past and looking into the future, the Regulation (EU) no. 650/2012 provides us a new perspective on what conflicts of laws mean in a world of the free movement of goods, service, people and capital, conflicts which may also lead to adaptations of the national regulations of substantive law applicable to the inheritance.

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Bunurile imobile cu valoare universală – moștenire, protecție, necesitate.

Author(s): Adela Teoteoi-Pirlica / Language(s): Romanian Publication Year: 0

Begining with the fact that the year 2018 had a double significance, being the European year of cultural heritage as well as the year of the centennial celebration of the Great Union of 1918, I believe that it is necessary to protect real estate with universal value. The simples definition of real estate is: the assets are , by their nature or by their destination, or by the object to which it applies, immovable. You find this definition in the internal or international legislation. The real estates with universal value are assets transmitted or inherited from one generation to the next. These assets must be proctected and exploited because of universal value. Both the internal legislation as well as internațional legislation include a lot of rules about protection, preversation, restoration, and transfer of reale estate with universale value. These rules aim to protect reale estate with universal value in time of peace or war.

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Moștenirea legală. Drepturile succesorale ale soțului supraviețuitor.

Author(s): Clarisa-Violeta Băluță / Language(s): Romanian Publication Year: 0

To bring the notion of "right to the surviving spouse's inheritance" may appear to be a disreputable subject, but given that the law governing it dates back to 1944, the issue of inheritance law is a continuous struggle between the interests of the legitimate family and the surviving spouse , we hope that by analyzing it to motivate the existence of a succession in favor of the husband, the person who, without wickedness, must benefit from this help, which, after the death of one of the spouses, "embraces a new legality, that of the right to an inheritance."

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Perspectivele codificării dreptului privat european

Author(s): Andrei Duțu-Buzura / Language(s): Romanian Publication Year: 0

The project proposed in 2001 by the European Commission, regarding a possible conceptualization of European contract law has determined the emergence of a continental academic debate, on the theoretical and practical outcomes of such a codification project, encompassing a significant part of European private law. The scientific research structures thus created has proven to be extremely productive, by publishing a number of seven complex works, encompassed in a very concrete codification proposal. Next to the already existing “Principles of European Contract Law”, these can be considered to be a real and cohesive theoretical corpus that sooner or later will inevitably become a European Civil Code. This paper proposes a brief analysis of the implications of a “Project on a Common Frame of Reference” regarding private law and its frame of existence, enouncing several possible hypothesis on its emergence and evolution, given the present political and legal European context.

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Aspecte ale evoluției dreptului familiei din epoca Marii Uniri și până astăzi

Author(s): Cristiana Mihaela Crăciunescu / Language(s): Romanian Publication Year: 0

Like any other area of the law, the evolution of the family law has recieved the influences which are inherent to the succession of the political regimes in Romania during the last century.If we analyze the essencial aspects with regard to marriage, the personal rapport and the patrimonial issues, as well as the relationship between the parents and their children, this evolution will reveal on one hand the perpetual importance that the family has in the Romanian society, and on the other hand the way that the social and political conception of every social class have influenced the aforementioned process.What is important is that Romania’s integrity during these times had been the fundament of the homogeneity of the reglementations concerning such a sensitive and fundamental area of the Romanian society. These reglementations have mostly kept the family’s conservative and protective nature as a foundation for the present and future society.

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Accepțiunile noțiunii de familie din anul 1918 și până în prezent

Author(s): Mihaela-Gabriela Berindei / Language(s): Romanian Publication Year: 0

Dans le contexte de l'anniversaire du centenaire de la Grande Union, nous avons proposé d'analyser les acceptations de la notion de famille à partir du sens sociologique et étymologique du mot, mais aussi d'un point de vue juridique, dès les premiers actes normatifs qui ont marqué leur empreintes sur les relations familiales à travers notre pays dans le siècle qui a suivi l'année mémorable de 1918.

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Reglementări în sfera relațiilor de familie, între consolidare și inovare

Author(s): Oana Ispas / Language(s): Romanian Publication Year: 0

The author critically analyzes the changes of the institution of divorce in Romanian law from the historical perspective of the last century through a double examination: the interdependence relationship with the social, political and cultural context of modern Romania, and the content of the most important normative provisions. The result of the research highlights the current sphere of marriage dissolution regulations as characterized by the relaxation of the conditions of possibility, compared to the analogous regulations of the sec. XX. The author's conclusion shows that the axiological dimension, revealed by the historical research method, allows co-existence of the cultural tradition strengthening the legal norm with the legislative innovation due to the new paradigm of politico-economic globalization at European Union level.

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Exercitarea şi limitele de exercitare ale drepturilor și obligaţiilor nepatrimoniale ale soţilor

Author(s): Nicoleta-Roxana Șerbănoiu / Language(s): Romanian Publication Year: 0

The evolution of contemporary private law is due to the recognition of the importance of human rights, knowing a real progress in the last period of time, which has led to the promotion and protection of the person's subjective civil rights. It is very important that, in addition to legal coercive values, society should accept the importance of civil subjective rights and respect them. Correspondences to civil subjective rights are the obligations, and in terms of family law, the personal obligations of spouses are of particular importance.

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Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 3 (2002)

Author(s): / Language(s): Bulgarian

This issue is dedicated to 10th anniversary of the Law faculty at the University of Plovdiv. The contributors are mainly researchers from the same faculty. Papers discuss various questions of history of law, as well as these of private (national or international) law.

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Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 1 (2000)

Author(s): / Language(s): Bulgarian

This issue is the first yearbook of the Faculty of Law at University of Plovdiv “Paisii Hilendarski”. It presents both well-known authors and young authors. Many of them teach at the Faculty of Law.

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Юбилеен сборник 15 години Юридически факултет

Author(s): / Language(s): Bulgarian

This collection is dedicated to the 15th anniversary of the Faculty of Law at Paisiy Hilendarski University of Plovdiv. On this occasion, a scientific conference was held in Fall 2007. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.

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Proceedings of the 32nd International RAIS Conference on Social Sciences and Humanities

Author(s): / Language(s): English

This publication presents the proceedings of the 32nd International RAIS Conference on Social Sciences and Humanities held at Princeton, The Erdman Center, 20 Library Place, Princeton, NJ08540, USA, on June 8-9, 2023.

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Principiile constituționale fundamentale și reflectarea lor în ramurile sistemului juridic românesc

Author(s): / Language(s): Romanian

The volume covers various fundamental constitutional principles and their applications across different branches of the Romanian legal system. Topics include non-discrimination and workplace harassment, the right to the internet, the constitutional principle of equality, the right to defense, aspects of guaranteeing the right to life and integrity, and the impact of protection order legislation. The papers also delve into specific legal domains such as civil, labor, family, commercial, insolvency, and criminal law. Additionally it examines the theoretical and practical implications of these constitutional principles, including contributions to the philosophy of law, doctrinal sources, national security, and the interpretation of legal norms.

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