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In most court rulings the users of the hunting ground were found liable for the damage caused by the collision of a car with game animal wandering on the road. In its rulings, the courts usually refer to the Article 173 of the Law on Obligations, claiming that game animal is a dangerous thing and that it, therefore, falls into the scope of strict liability of hunting ground users. Counterclaims of hunting associations for compensation for damage due to the death of game animal hit by a car are, as a rule, rejected, referring to Article 61 of the Law on Hunting of Republic of Srpska, which stipulates that the user of the hunting ground can be compensated only in case a game animal has been illegally killed.According to the Rule book on Compensation for Damage Caused to the User of the Hunting Ground by Illegal Hunting, for game animal injured or killed in traffic, the compensation is paid by a traffic participant who, by violating traffic regulations, caused a traffic accident through his own fault. The authors, by way of analyzing the first-instance and second-instance decisions, raise the question of viability of the standpoint established by the case law that wildlife on the road is a dangerous thing. They offer an answer to the basic question of whether game animal can be deemed a thing at all (and thus, it is also disputable whether it is a dangerous thing). The paper points out that such a standpoint taken by the caselaw has damaged hunting associations greatly, and thus has contributed to the reduction of the funds for basic investments in the development and care,for protected game animals and other types alike. An amendment to the Law on Hunting is proposed, which would explicitly regulate the liability for compensation for damage caused in traffic accidents involving cars and wildlife. The provisions of the most recent amendments to the Romanian Hunting Law are also being analyzed, and it is proposed that some of these solutions be adopted in the legislation of the Republic of Srpska. The authors recommend that these norms be a lex specialis in relation to the provisions of Article 173 of the Law on Obligations which would be suspended in case of establishing liability for damage resulting from a car and wildlife collision.
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The real aspect of protection of property rights is widely represented in the Law on Real Rights of the Republic of Srpska. Everyone is obliged to refrain from violating the property rights of another person. Negatory lawsuit (actio negatoria) is a property lawsuit that is filed in case of unlawful nuisance to the owner. The act of interfering with the use of the property or nuisance can take different forms. Nuisance can be based on a positive action(doing) or on a failure (inaction) of a certain person to do what he would otherwise be obliged to do. If the defendant claims that he has the right to take the disputed actions, he is obliged to prove it. Whether an action or omission constitutes nuisance is determined depending on the circumstances of each specific case. Only nuisance that prevents or significantly impedes the exercise of property rights is legally relevant. The number of actions by which it can be performed is in fact unlimited. Most often, nuisance is performed on the owner’s real estate, but it can also happen on movable property. Most cases of real estate owner nuisance stem from excessive immissions that make it difficult to use real estate. Protection against impermissible immissions, by the nature of things, goes beyond the classic civil law relationship between the two subjects, since immissions endanger the environment as a collective good. It is realized by a specific negatory lawsuit (sui generis)which differs from an ordinary negatory lawsuit by the circle of persons who can seek protection and by its content. The right to file a negatory lawsuit, as well as other property lawsuits, is not subject to statute of limitations.
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The role of copyright law in furthering social justice is blurred. On the one hand (and primarily), copyright law aims to guarantee a more or less exclusive protection for the benefit of creators and other contributors to the creative process (e.g. publishers, producers). On the other hand, copyright law also intends to strike a fair balance between the interests of various stakeholders, both for the benefit of individuals and the society as a whole. Such balancing tools include e.g. various limitations and exceptions (including the fair use doctrine in the US), the limited term of protection, procedural and fundamental rights based safeguards. Most often, however, these balancing tools remain “objective” in nature, and apply to all members of a given class of stakeholders (e.g. right holders, licensed or free users, consumers etc.). Copyright norms (and, occasionally,the lack of exclusive rights) often further socially desirable goals, e.g. strengthening the access to and preservation or dissemination of cultural goods; supporting creative re-uses of contents etc. These norms nevertheless lack “social justice” perspectives. This paper intends to highlight the key social justice role of the first sale or exhaustion doctrine, especially in the light of the most recent case law related to the applicability of the doctrine in the digital domain.
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Author attempts to analyze relationship between legal rules which in specific jurisdiction govern obtaining the right to household items and rules which regulate legal consequences of creating adoptive kinship. Since some legal systems stipulate that personal household items of lesser value for everyday use are not considered part of deceased estate, author raises the question as to whether individuals from adoptive kinship can exercise this right. Further aim of this paper is to estimate effects of possible exclusion and limitation of inheritance rights to household items of adoptees in partial adoption. Author also examines the effects that annulling an adoption oder which was created after death of a party to the adoption process, may have on obtaining the right to household items. Author came to the conclusion that, under all legislation analyzed in this paper, both adopter and adoptee from either partial or full adoption relationship are entitled to obtain household items. Exclusion or limitation of inheritance rights of the adoptee in the moment of creating partial adoption produces no legal effects on this right.In addition, the fact that an order of adoption created after the death of the decedent has been declared void has no effect to obtaining rights to household items of lesser value.
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Critiques have echoed over the years within the political spectrum about the governance of immigration. For instance, in 2019, the Dutch-flagged Sea-Watch 3 has been stuck in the Mediterranean.1 After over two weeks at sea, the captain of the ship, Carola Rackete, decided she had no choice but to enter Italian waters illegally to bring the remaining 42 migrants to safety.2 In such cases, when the shipmaster deviates from the route for search and rescue (SAR) operations, the shipowner needs to bear some costs which insurers do not provide coverage for.
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Disposition in contemplation of death is equated in Serbian law with testamentary disposition. This identification is a consequence of the traditionally ingrained understanding that the last will can be manifested only in the form of a last will as a one-sided, personal, revocable statement of will that is not conditioned by the will of other persons. Hence, in Serbian law, a will is the only legal transaction that can serve as grounds for claiming inheritance. In other legal systems, primarily German legal tradition, in addition to bequest as an instrument of voluntary inheritance, there is contract of inheritance as the strongest basis for inheritance, but there are also other types of contract-governed inheritance-related consequences of death of a person (contract on future inheritance / legacy, contract on anticipated renunciation of inheritance in different modalities). Positive inheritance law of the Republic of Serbia does not allow for inheritance contracts as instruments of inheritance planning, but governs certain agreements that determine the legal status of heirs, which is why they are of special importance for inheritance law - such as lifelong support agreements and contract on assignment and distribution of property for life. In this paper, author tries to determine the inheritance-related effects of these contracts (their intensity and scope) and thus find the justification for the fact that these contracts are traditionally governed by the inheritance laws. Finally, by comparing these agreements as permissible instruments of property disposal in Serbian law with inheritance agreements of modern legal systems, an attempt is made to determine the boundary line in the domain of inheritance-related effects of these institutes.
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The adoption of TRIPS within the WTO and not within WIPO was not accidental and is the result of the most developed countries assessment that TRIPS could not be adopted within WIPO due to the decision-making and opposition procedures of underdeveloped and developing countries. TRIPS prescribes minimum rights for the protection of all branches of intellectual property, referring to the existing conventions which regulate intellectual property, and regulate certain rights itself. Developed countries have especially insisted on the adoption of the TRIPS and its mandatory acceptance by all countries as a condition for WTO membership. With the adoption of TRIPS, developed countries have forced underdeveloped and developing countries to raise the level of intellectual property protection in their legislation. However, this multilateral approach was not enough for developed countries, so they continued to put pressure by concluding bilateral agreements with clauses that provide for a higher degree of protection of intellectual property, the so-called TRIPS -plus agreements. The term is of a colloquial nature and does not appear in these agreements. Instead, the said agreements contain provisions on the protection of intellectual property within the trade agreement that are above the minimum standards provided by the TRIPS agreement. The subject of this research is to explore the justification for concluding TRIPS - plus agreements and their impact on the economies of underdeveloped and developing countries, knowing that the initiative for their conclusion comes from the US and EU member states.
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One of the basic obligations of the seller regarding the contract of sale is to hand over the thing to the buyer without material defects. If it happens that the sold and delivered item does not have the appropriate quality, the rules on liability for material defects are applied in order to establish a balance in the mutual performance of the contracting parties. The subject of this paper will be the criteria for determining the existence of material defects or non-conformity of goods to the contract in domestic law and European Union law. We will indicate whether and to what extent domestic regulations are harmonized with the law of the European Union regarding this issue and what activities should be undertaken in order to provide a higher level of protection for consumer in the domestic market.
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In this paper, the author deals with the position of creditors in the process of judicial restructuring, as a framework that offers the possibility to change the relationship between creditors and debtors in financial difficulties. Creditors in this procedure enjoy a special status, because the protection of their interests is one of the goals of the procedure. However, the means and the way it is done puts them in a worse position than the one they have in bankruptcy proceedings. At this point we will highlight that: the role of the court and the commissioner in the proceedings is overemphasized, there are no creditor bodies such as the board of creditors, nor are the creditors classified in the appropriate ranks. The author puts in the foreground the provisions of the Insolvency law of the Republic of Srpska which refers to judicial restructuring. Of the comparative legislation, the Croatian Insolvency Act, the German Insolvency Code and the Bankruptcy Code of the United States of America were consulted. The legal regulation of restructuring is important for the economy of each country, for its stability, productivity, competitiveness, but it is also far-reaching from the social aspect. In that sense, the law of the Republika Srpska is keeping pace with the legal development in this area, which is shown by the recent legal regulation of out-of-court restructuring, which is a world trend, but also a request coming from the European Union.
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In the real estate market in the Republic of Srpska, buildings under construction as objects of full or partial rights of disposal of property are fairly commonplace. As the focus here is on the so-called future thing, many practical questions are raised to which neither jurisprudence, nor legislation, nor judicature offered adequate answers. One especially interesting question refers to the possibility of constituting a mortgage on a building under construction. Namely, in the case of a building under construction, the subject of the mortgage is the land registry body as a whole, and following the principle of the extensiveness of the mortgage, it includes land and everything on the land (built on land). This especially refers to a separate part of the building (apartment ownership) as a mortgage object, considering that the division can be done only after the construction of the object and after use permit has been obtained. Until then, formally and legally it is not possible to dispose of (transfer of property or the constitution of mortgages)a separate part of real estate, although in practice, there is such a possibility via making the notification existence of contractual rights or making a notification acquisition priority order (mortgage). In the paper the author, by analyzing existing legislation, points out to possible solutions in this area.
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Although the regulations in force indicate a whole range of the revitalization stakeholders, the commune plays a key role in this process, and it is responsible for the preparation, coordination and creation of conditions for revitalization. In practice, this task is most often carried out on the basis of the Public Procurement Law, which is associated with the need of following extremely formalized procedures, which sometimes constitutes a significant obstacle for municipalities. However, the Public Procurement Law provides for the possibility of excluding the application of its provisions, provided that the revitalization projects meet the conditions indicated therein. The presented text describes and analyzes the revitalization issues in the above-mentioned context, in particular focusing on the specific rules of public procurement in the Special Revitalization Zone.
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The article examines the measures proposed by the EU to protect persons who are obliged or on their own initiative to signal transactions and actions aimed at money laundering. The European legislator takes very seriously the need to create security guarantees for whistle-blowers and their families. As a result of serious and in-depth research, the European legislator has come to the conclusion that the adoption of a special directive introducing safeguards for such leases is particularly urgent.
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Sartre's vigilant matrix of contemplation, in the words of a distinguished Serbian intellectual Željko Simić, is that a man is imperfect being striving for perfection. Despite being illuminated by unquenchable dialects, this holistic note may serve as an impoverished description of a lavish God-given portrait of a life of a human. Academician D. Basta in one of his essay-like notes on literature pointed to illusion of charm / uniqueness of "dull Belgrade parties". From globalist and imperialist view, inevitable Hollywood attractiveness ends up in predictable / sterile plainness. Everything, man and life alike, end up closer to pain (A. Dedić). The whole path of cognizing law is illuminated with glimmers of light and obscured by dark and shadows. Law is a necessity of harmony (in its joyous form). Law and pedagogy both share the art of argumentation. Family law strives to philharmonic with accent on harmony of three or more tones of parents and their child / children. As in Constitutional law, where it is not simple to achieve harmony between notes of power and freedom, in Family law alike it takes an effort to unite in harmony sounds of devotion to freedom and freedom of devotion i.e. hymn to Christ's twofold mono existence. The law of enantiodromia. Harmonization and reconciling opposites is omnipresent. Flares and fire of contradiction is a quality of truth, not its negation. Saint Sava to his father is a biological son, but a spiritual father. All the creativity of Raphael, the prince of painting, in the words of Delacroix, lied in imitation. While experiencing his blackest depression, Sava Šumanović painted cheerful paintings of vibrant colors. Chekhov's writing desk is in the state of disorderly order. Soviet major Gagarin could have done more (to be the first man in cosmos) but could not have done less (to use cutlery properly in English court. Our Queen nobly disregarded the fact). Saint Nicholai reveals that there is no virtue without sin, no death without resurrection, no Moikovac without Kaimakchalan. Professor S. Troitsky says that the members of the Church are free because they are slaves of the law. Raskolnikov was dubbed saint devil....
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The question of the structure of legal argumentation has not been explored in the Bulgarian legal doctrine. Individual researchers deal with isolated problems concerning the structure of legal argumentation. The structure represents the internal form of organization of the system, which appears as a unity of stable regular relationships between its elements. In science, the transition from description to explanation, from phenomena to essence, coincides with the knowledge of the structural features of the deeper levels of matter. This is why the question of the structure of legal argumentation, and hence its effectiveness, is so important.
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W rozdziale dokonano analizy wpływu wybranych aktów terro¬rystycznych w lotnictwie cywilnym na prawa człowieka. Przedstawione zostały definicje prawne ataków terrorystycznych i ich prze-ciwdziałań oraz najważniejsze dokumenty definiujące prawa człowieka w pra¬wie międzynarodowym i europejskim. Oceniono również wpływ ataków terrorystycznych na powyższe prawa, a także omówiono najważniejsze dokumenty sporządzone w celu przeciwdziałania terroryzmowi w lotnictwie oraz wpływ ataków terrorystycznych na przemysł lotniczy.
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W rozdziale przedstawiono istniejący stan praw¬ny w zakresie bezpieczeństwa lotnictwa cywilnego w kontekście zagrożenia terrorystycznego, poddano go krytycznej analizie i sformułowano na przyszłość wnioski, których realizacja może przyczynić się do zwiększenia sprawności organów i innych podmiotów dbających o to, by świat stał się wolny od terrory¬zmu.
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W tekście zaprezentowano odpowiedzialne za bezpieczeństwo transportu lotniczego w Polsce organy i podmioty realizujące zadania związane ze sprawowaniem zwierzchnictwa nad prze¬strzenią powietrzną. Ich rolą jest dbałość o sprawne, prawidłowe funkcjonowanie lotnictwa cywilnego i zapewnienie najwyższych standardów. Organy i podmioty te, określane wspólnym mianem administracji lot¬nictwa cywilnego, swoje zadania realizują poprzez świadczenie usług, wyda¬wanie decyzji administracyjnych, czasem także tworzenie norm i procedur.
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W tekście omówiono zagadnienia dotyczące bezpieczeństwa transportu lotniczego regulowane przez ustawodawstwo Ukrainy.
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