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Razmerje med zdravnikom in pacientom v okviru nekrivdnega odškodninskega sistema

Author(s): Suzana Kraljić,Katja Drnovšek,Velibor Korać / Language(s): Slovenian Publication Year: 0

The basis of a doctor's liability in Slovenia and, as a rule, in the other countries e.g. Montenegro, Croatia) is based on contract liability for damages. In the current legal framework, specific weaknesses of the existing system have been identified (e.g. long (court) proceedings, significant costs burdening the clients, insurance companies or the whole health system, and dissatisfaction of patients as a victims and doctors). In particular, the letter has an impact on the doctor-patient relationship, which has severely damaged the mutual trust in this relationship. Some countries (e.g. New Zealand, Denmark, Sweden, Finland, Norway) have already developed compensation systems that move away from the classical tort system in healthcare. The paper analyses legal issues that arise in the context of the existing liability system and the potential benefits that a no-fault liability system could bring to the doctor-patient relationship.

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Usvojenje djeteta u Porodičnom zakonu Federacije Bosne i Hercegovine - potreba za izmjenama zakonskih odredaba i politike usvojenja

Author(s): Borjana Miković / Language(s): Serbian Publication Year: 0

In addition to defining the child, the child without parental care and the adoption institute, the paper analyzes the "conflict" between potential adopters and professionals employed in social work centers. The said conflict is related to the large number of those who want to adopt a child compared to the small number of adopted children. Professionals more often refer to legal obstacles in the process, while the potential adopters point to inertness,i.e., lack of interest of professionals and inappropriate adoption policy. In the wake of these "accusations", the paper presents the results of research conducted with two groups of respondents: social workers, who are engaged in the protection and care of children without parental care, according to their best interests, social work centers, and parents who have adopted a child.

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Ослобођење од грађанскоправне одговорности произвођача вакцина против COVID 19 за штетне последице изазване вакцинацијом

Author(s): Bogdana Stjepanović / Language(s): Serbian Publication Year: 0

Until the advent of the vaccines against COVID-19, new vaccines had to go through extensive, multi-year safety testing before being approved and used. Considering that the vaccines against COVID-19 are based on new technologies (mRNA and DNA vaccines), it was expected that the testing process itself would take longer compared to vaccines based on decades of existing technologies. The dramatically accelerated process of manufacturing vaccines against COVID-19 (only few months) has created the prospect that existing vaccines are either ineffective against the virus itself or carry serious health risks, which is reflected in the numerous side effects that followed the vaccination and which continue to occur. With the appearance of side effects came the question of responsibility for them. Different legal systems regulate the issue of liability for adverse effects caused by vaccination differently. There is a noticeable trend in the world to release vaccine manufacturers from civil liability and to establish no- fault liability system, with the implementation of special compensation programs for adverse consequences caused by vaccination. In the paper we investigate the validity of exemption from civil liability of vaccine manufacturers and the applicability of existing compensation programs for injures caused by vaccines against COVID-19.

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Право православне цркве да поседује и управља добрима - канонске одредбе

Author(s): Joachim Bejenariu / Language(s): Serbian Publication Year: 0

Nowadays, colportage has taken on a wider dimension and a character of multiple benefits, both for monetary purposes, increasing financial sources needed for church activities, especially missionary, cultural and charitable, as well as spreading of liturgical objects and popularization of Orthodoxy through books, magazines, icons and other objects.

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Одговорна лица у случају постојања материјалних недостатака ствари у праву БиХ

Author(s): Tijana Baćović / Language(s): Serbian Publication Year: 0

Regarding consumer protection, a crucial question is who the consumer can approach to enforce their rights due to defects in the purchased goods. In this study, we will delve into the entities accountable in situations involving defects in goods as outlined in the legal framework of Bosnia and Herzegovina (BiH). As BiH operates under two distinct laws for consumer protection, namely the Law on Consumer Protection of BiH and the Law on the Consumer Protection of Republic of Srpska (RS), we will ascertain whether consumers on the entire territory of BiH are afforded an equivalent level of protection in such scenarios. We will underscore the necessity of aligning regulations across BiH and assess their compatibility with EU directives designed to safeguard consumers as a distinct category of purchasers. Furthermore, we will put forth recommendations for enhancing consumer protection, particularly concerning the responsible parties in cases involving material defects.

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Дилеме које прате начине сазнања и примене страног права

Author(s): Vladimir Čolović / Language(s): Serbian Publication Year: 0

Private International Law rules regulate the matter of domestic judicial and other authorities finding out about and applying foreign law in cases involving foreign element. Article 13 of the Act on the Resolution of Conflicts of Laws with the Regulations of Other Countries stipulates that the court or other authority shall be obliged to determine, ex officio, the application of foreign law or that the court may request the content foreign rule from the Ministry of Justice. Also, the parties can submit a public document on the content of foreign law. Applying above mentioned provisions raises many questions which require proper answers, especially bearing in mind that the practice is sometimes contrary not only to provisions of the said law but to basic rules of Private International Law. The paper will discuss the ways of finding out about foreign law, the possibility of receiving information about the content of foreign law from domestic institutions and the risk involved when a party submits a public document about the content of foreign law. In addition, for the correct finding out and application of foreign law, it is important to take care of the delivery of the act to the authority of the foreign state, from which the notification is required. Furthermore, it is essential that the party consider the issue of whether the domestic court or other authority will be able to correctly interpret and apply the provisions of the foreign law, without additional information obtained from the authorities of a foreign country. Also, the paper will raise the question of whether it is advisable, in any case, to apply domestic law in a situation where it is not possible to find out about foreign law for any reason.

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Право и електронска трговина - да ли норма прати и контролише технологију и иновације?

Author(s): Igor Kambovski / Language(s): Serbian Publication Year: 0

Every newly conquered or at least touched border, in all spheres of society, is characterize by the lack of laws that would regulate that "newly conquered territory". In the past, lawmakers had to face and obey the challenges arising from specific social conditions and specific communities or nations. International law bridged the gap, but it often took years and decades for a particular legal norm to be formulated, agreed upon, and put into effect. But it was so before and during industrial revolution, before technology began to guide us, our society and our institutions; before our dependence on a world governed by computers and the Internet began, in which man had to find his place, prosperity and well-being. In the meantime, the Internet has developed to unprecedented proportions, leading to the emergence of E-commerce, which brought about a revolution in providing commercial services. The creation of law is a complicated and slow process, and technological advances are to rapid, so there is a problem and a dilemma: can law keep pace with the dynamic changes and development of information and communication technologies? Every new law that governs the relationships arising from new technologies quickly becomes obsolete, and there is a need for its revision and modification., and so on, ad infinitum. This contributes to the creation of legal norms that are too broadly set or imprecise to be lasting, which in turn increases legal uncertainty, which then, inversely proportionally, affects the trust among entities that participate in E-commerce. Also, technical achievements create certain practical standards much faster than the law is able to regulate them. Therefor, a standard de facto becomes a norm long before the law normatively supports such a standard.

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Употреба туђе жигом заштићене ознаке у контексту уметничког изражавања - осврт на предмет Rogers V. Grimaldi

Author(s): Jelena Ćeranić Perišić / Language(s): Serbian Publication Year: 0

The use of third-party trademarks in the context of artistic expression has been attracting the attention of the scientific and professional public for a long time. This issue is especially gaining importance with the accelerated development of digital technology and the use of trademarks in Virtual Reality, including the Metaverse. The use of a trademark by a third party does not always constitute trademark infringement. If trademark is used for commentary or criticism, such use is not considered infringement and the First Amendment right to free expression. The Second Circuit held in Rogers that "in general , the Act should be construed to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression". To balance these two considerations, the Second Circuit articulated the widely used two-factor Rogers test, which requires that the trademark use have "no artistic relevance to the underlying work" or "does not explicitly mislead" as to the source of the work for a finding of infringement. Due to the development of digital technology, a new form of social and economic exchange in virtual reality, including Metaverse, has been created. The first disputes regarding the trademark in virtual reality and the Metaverse relate to the use of third-party trademarks in the context of artistic expression. In this respect, a significant case from US judicial practice Hermes Int'l v. Rothschild. The decision provides helpful guidance on how courts will treat the issue of the use of third-party trademarks in the context of artistic expression in the future.

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Međunarodna nadležnost u brakorazvodnim sporovima u Europskoj uniji i Bosni i Hercegovini

Author(s): Anita Duraković,Jasmina Alihodžić / Language(s): Serbian Publication Year: 0

The increased mobility of the population within the European Union that we are witnessing today, as well as the fact that young people decide to marry a national of another country much more easily than before, regardless of differences in language, culture and religion, lead to a growing number of "international marriages". Consequently, the number of international divorces has also increased. The legislator of European Union, aware of this problem and the fact that any unification leads to the mitigation of differences which inevitably exist in the legal systems of European countries, took specific steps that resulted first in the adoption of Brussels Convention II from 1998, then Regulation 1347/2000, which was replaced by Regulation 2201/1111. In all the instruments mentioned, the matter of international jurisdiction in divorce disputes is regulated similarly, that is, there were no significant interventions, although there were specific disputed issues. It was the Court of Justice of the EU with its decisions, especially the decision in case C-522/20, that removed particular dilemmas which had been the subject of many discussions for almost a quarter of a century and, thereby, contributed to a welcome calm in the area of European family law, where in recent years there have been significant differences between the fundamental legal and political beliefs of member states. This decision and legislative activities within the European Union are important for Bosnia and Herzegovina, given its international obligations arising from the Stabilization and Association Agreement. If we compare the solutions of the European Union with those of Bosnia and Herzegovina, it is evident in which direction the future reform in this area should go.

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Preživljanje otrok - analiza primerov z mednarodnim elementom

Author(s): Katja Drnovšek,Suzana Kraljić / Language(s): Slovenian Publication Year: 0

The already complex issue of child support enforcement, which is a critical factor in ensuring the child's best interest in all cases where the child does not live with the persons obliged to support them, gains additional dimensions in an international environment. International conventions, bilateral and multilateral agreement, and European legislation- most notably Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague Protocol, and Council regulation (EC) no 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations - have undoubtedly facilitated cross-border enforcement of maintenance claims in cases where the maintenance debtor does not reside in the Republic of Slovenia. However, in practice, the parties involved in proceedings are faced with some ambiguities and uncertainties that can bi partly attributed to the multitude of applicable legal acts and the result in variety of situations depending on the country of residence of the maintenance debtor and the beneficiary, which further exacerbates the general reluctance of parties involved in international proceedings. The article will provide a general overview of the Slovenian regulation of the right to maintenance and the specifics of enforcing unpaid maintenance before Slovenian courts. Furthermore, it will focus on analyzing relevant Slovenian case law with an international element, with particular attention paid to evaluating the use of European and international legal acts before Slovenian courts and the problems faced by participants in the proceedings.

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Creation and Interpretation of the Concept of Cultural Heritage in the Spanish Law

Author(s): Luis Javier Capote Pérez / Language(s): English Publication Year: 0

In this paper we are going to talk and discuss about the creation of the concept of "cultural heritage" in the Spanish law and the characters of the legal definition of cultural property or cultural heritage goods, according with the legal system established by the 1978 Constitution. We will comment some cases of the Spanish Jurisprudence where the concept is developed.

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Balancing AI and Privacy: Cross-Border Perspectives

Author(s): Biagio Andò,Cinzia Valente / Language(s): English Publication Year: 0

The objective of this paper is to provide an overview of the prevailing trends observed within common law and civil law systems concerning the protection of personality rights in relation to the utilization of artificial intelligence (AI) systems. Specifically, the aim is to accentuate the divergent approach adopted by legal practitioners within the American and Italian legal systems when the absence of specific regulatory provisions requires distinct legal reasoning, resulting in disparate resolutions for specific cases. The equilibrium between rights now deemed indispensable, such as the regulation of personal data, circulation, and the promotion of technology to advance economic progress within these systems, has now been entrusted to the discretion of the various interpretative criteria reveals co of the courts. A comparative analyses contrasting methodologies that typify the respective legal systems.

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Pojam ugovora o isporuci digitalnog sadržaja ili digitalne usluge

Author(s): Anita Petrović / Language(s): Serbian Publication Year: 0

European contract law has seen significant changes in recent years. Contract law that once suited specific period of time and particular market relationships has now entered the new age of digital technologies. As a consequence of this "fourth industrial revolution" legislative measures are being adopted at the EU level, with the purpose of modernizing European contract law to meet the requirements of the digital market. In the digital world of data, data is a tradable commodity as any other good and can be an independent element of the contract or "consideration". In order to regulate contractual relations that already exist in practice, Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services was adopted on 20 May 2019. It came into force on 1 January 2022. For the first time at the EU level and the most member states, this Directive has regulated contracts for the supply of digital content or digital service. It governs contracts where the trader supplies data to the consumer, and the consumer pays a price. However, what is even more important is that the scope of the Directive also includes situations where the trader supplies digital content or digital services to the consumer in exchange for his personal data. The aim of the paper is to critically analyze the legal notion of the contract for the supply of digital content or digital services, especially bearing in mind the new definitions of digital content and digital service, and to analyze the legal regulation of "free" digital content or services.

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Уобичајено боравиште оставиоца: да ли је ријеч о посебном појму уобичајеног боравишта?

Author(s): Dragana Damjanović / Language(s): Serbian Publication Year: 0

Today, habitual residence represents a general connecting factor in determining both jurisdiction and applicable law. Special notions of habitual residence have developed over time in addition to the general notion of habitual residence. These notions include the habitual residence of a child, the habitual residence of an entrepreneur , and the habitual residence of a legal entity, i.e., an organization without legal status. The question arises, however, whether the deceased's habitual residence also represents a special notion of habitual residence. The habitual residence of the deceased was first mentioned in the Convention 5 October 1961 on the Conflicts of Laws related to the Form of Testamentary Dispositions. In addition, the deceased's habitual residence appears as a criterion for determining the applicable law in the Convention of 1 August 1989 on the Law Applicable to Succession to the Estates of Deceased Persons. However, it remained relatively unnoticed until the implementation and enforcement of the Regulation (EU) on Succession from 2012. In this regard, the habitual residence of the deceased serves a triple function: it is a criterion of general jurisdiction, it is a point of attachment for determining the applicable law to succession as a whole in the absence of choice, and it is one of the criteria used to order the competent authority to issue the European Certificate of Succession, which was provided by this Regulation. In the paper, the author first analyzes the notion of habitual residence, as it is given in the mentioned Regulation, and then attempts to resolve whether the habitual residence of a deceased person is a special notion of habitual residence.

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Усклађеност пословања у осигуравајућим друштвима

Author(s): Iva Tošić,Jovana Misailović / Language(s): Serbian Publication Year: 0

The financial crisis lead to considerable changes in the corporate governance regimes of all companies, including insurance undertakings. Therefor, it was necessary to establish new mechanisms to regain consumer's trust. The compliance function occurs as one of the forms of strengthening corporate governance in these companies. This function derives from principles of business legality, which, in addition to being one of the basic principles, is also an expression of the company's business ethics. In the Solvency II Directive, the compliance function is given a formal status within the insurance company as one of the four critical functions of the management system. In the paper, the authors analyze the basic features, tasks and importance of the newly established compliance function and its impact on improving corporate governance in insurance companies.

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Забрана уговорних ограничења на производима - случај Impression Prods., Inc. v. Lexmark Int'l, Inc.

Author(s): Njegoslav Jović / Language(s): Serbian Publication Year: 0

The decision of the US Supreme Court in Impression Products v. Lexmark Int'l. sets a precedent and establishes a regime of international patent exhaustion in the US. According to this ruling, a patent holder who sells a product exhausts the patent authority on that product, regardless of any restrictions it intends to impose on the product or the location of the sale. This ruling significantly weakened the position of US patent holders. The ban on post-sale restrictions in Impression Products is a crude instrument compared to the justifications offered for it. In its favor, the rule of per se exhaustion on sale is simple and easy to understand, but because it is categorical, it does not distinguish the harmful effects of post-sale contractual restrictions from the many beneficial ones. US antitrust law on limited distribution began similarly, adopting categorical rules per se that changed and eventually gave way to nuanced treatment under the rule of reason. An examination of the types of contractual restrictions imposed in patent exhaustion cases indicated that they are used for different purposes and with different effects. Therefor, introducing a complete ban on imposing post-sale restrictions come in various forms, with different effects on competition or innovation. The system of rules for reviewing and enforcing such restrictions must take these differences into account, and patent laws should include provisions that should be sensitive to the different market situations in which patents may arise. by introducing a complete ban on contractual restrictions on products and the international patent exhaustion regime, US Supreme Court significantly changed the previous practice of lower courts and allowed parallel trade. Therefor, it significantly affects the business practice of economic entities in the USA, which will have to change the current concepts of placing products on the market that are covered by patent protection.

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Испитивање могућности финансирања стечајних поступака у случају недовољности имовине стечајног дужника

Author(s): Irena Radić / Language(s): Serbian Publication Year: 0

According to the Insolvency Act of Republika Srpska, the costs of the bankruptcy proceedings are to be paid from the bankruptcy estate before any creditors. However, if debtor's assets are insufficient to cover these costs and the creditors (or other interested parties) do not make an advanced payment for the costs, the bankruptcy court will dismiss the request to open bankruptcy proceedings. Namely, the bankruptcy proceedings are financed primarily from the bankruptcy estate. If the estate cannot cover the proceedings' costs, interested parties, primarily creditors, will be expected to finance the proceedings. However, creditors are often reluctant to prepay the costs, especially when when the debtor's assets are insignificant, as it increases the debt the debtor already owes them with a dubious chance of recovery. This is probably why more than half of the bankruptcy proceedings are terminated due to insufficient bankruptcy estate, meaning no distribution of assets to the creditors. While there may be many reasons why a bankrupt's assets may be little value, it raises suspicions about its lawful and honest business dealings. Therefor, it is crucial to investigate the reasons that led to the bankruptcy and whether there are grounds to challenge the debtor's actions or potentially hold certain individual criminally or civilly liable. This paper compares approaches to this problem in the Netherlands, Australia and Finland and proposes a possible solution compatible with the domestic legal and business environment.

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Уговор о сефу - проблем и значај одређивања правне природе

Author(s): Milena Momčilov / Language(s): Serbian Publication Year: 0

The legal nature of the contract is of great theoretical and practical importance. When the rules of a contract do not specifically regulate a particular contract issue, finding measurable regulations involves determining its legal nature. Generally, determining the legal nature of a contract does not cause specific dilemmas in legal theory and practice. However, there are some contracts with a disputed legal natures. Regarding the safe deposit box contract, there is no single answer to the question of its legal nature. Also, the regulation of this contract in most legal systems is rudimentary. Bearing that in mind, the legal nature of the safe deposit box contract becomes especially significant. This article attempts to analyze safe deposit box contracts with respect to their legal nature, the problems involved in determining their essence and importance. By comparing the safe deposit box contract to similar contracts, the author seeks to determine which of these share the most characteristics with the safe deposit box contract. Furthermore, since the safe deposit box contract has many specific characteristics, an attempt is made to determine which rules would be the most appropriate to apply to the safe deposit box contract. In this way, defining the legal nature of the safe deposit box contract gains equal theoretical and practical significance, solving a number of practical problems and contributing to further development of legal theory.

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Data Protection Aspects of the Use of Facial Recognition Systems for Law Enforcement

Author(s): Bálazs Gáti / Language(s): English Publication Year: 0

Aim of the research: As law enforcement authorities increasingly use facial recognition technology systems for authentication or identification of persons involved, there is a significant risk to the rights and freedoms of natural persons due to the processing of personal biometric data. Although these systems offer indispensable advantages for law enforcement authorities, compliance with the requirements of necessity and proportionality, as specified in the Directive on Data Protection and the Charter of Fundamental Rights, is essential. This study aims to answer how it is possible to use facial recognition technology systems in accordance with the above requirements, especially in the case of data processing for law enforcement. Methods: The study analyses the European Data Protection Board's guidelines on the use of the facial recognition technology in law enforcement (EDPB Guidelines 05/2022), as well as the Directive on Data Protection to be implemented to law enforcement and the Charter of Fundamental Rights. It also examines the discretionary and sovereign powers of authorities in each member state and the potential applications of facial recognition technology beyond the scope of the Directive, including public safety and commercial aspects. Results: The European Data Protection Board holds that facial recognition technology systems can only be used in accordance with the requirements of necessity and proportionality specified in the Directive on Data Protection and the Charter of Fundamental Rights. However, exceeding the scope of the Directive, facial recognition technologies can serve many purposes, including public safety and commercial aspects. Conclusion: While facial recognition technology systems carry significant risks to the rights and freedoms of natural persons, compliance with the requirements of necessity and proportionality can reduce these risks. Authorities in each member state have different discretionary and sovereign powers, which must be considered in implementing and using facial recognition technology systems.

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Безначајно дјело као основ искључења противправности

Author(s): Sandra Srdanović / Language(s): Serbian Publication Year: 0

The body of rules pertaining to legal grounds for excluding illegality is a dynamic and significant area of criminal law tracing back to ancient sources of law. From time immemorial, human beings have tried to capture the essence of right and wrong and draw the line between the two. Despite all the remodeling in form and content of these legal institutes throughout history, the issue of their substance, legal nature and rules for proper application, which would result in excluding illegality of certain criminal offenses, have posed a challenge to this day. The need to explore legal grounds for excluding illegality is clear, as it is in the interest of every society, including ours, to determine precisely which acts are illegal and punishable, i.e., which acts in a particular society require the response of criminal law. Furthermore, determining unequivocally the grounds for excluding illegality would strengthen legal certainty and the rule of law. After giving a historical overview of the evolution of insignificant act and having outlined the criminal justice legal framework in Bosnia and Herzegovina from the comparative law perspective, the author analyzes the legal institute of insignificant act as a grounds for excluding illegality, its legal nature and some notable differences and provides concluding remarks.

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