Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more.
  • Log In
  • Register
CEEOL Logo
Advanced Search
  • Home
  • SUBJECT AREAS
  • PUBLISHERS
  • JOURNALS
  • eBooks
  • GREY LITERATURE
  • CEEOL-DIGITS
  • INDIVIDUAL ACCOUNT
  • Help
  • Contact
  • for LIBRARIANS
  • for PUBLISHERS

Content Type

Subjects

Languages

Legend

  • Journal
  • Article
  • Book
  • Chapter
  • Open Access
  • Law, Constitution, Jurisprudence
  • Law on Economics

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Result 1-20 of 6721
  • 1
  • 2
  • 3
  • ...
  • 335
  • 336
  • 337
  • Next

REPLACING THE CULPABLE INSOLVENCY PRACTITIONER ACCORDING TO LAW NO. 85/2014 (ROMANIAN CODE OF INSOLVENCY)

Author(s): Maria Dumitru-Nica,Camelia Ignătescu / Language(s): English Issue: 3/2015

By adopting in June 2014 Law no.85 /2014 on procedures destined to prevent insolvency and of insolvency (“Insolvency Code”) they tried to remedy the shortcomings of the old regulations - Law no.85 / 2006 on insolvency. One of the controversial issues in doctrine but especially in the practice of courts targeted the replacement of the judicial administrator or of the liquidator. In this study we shall try to find out to what extent the desire pursued by the legislature was reached, indicating that our approach will address only the situation of replacement of the just insolvency practitioner due to his/her fault.

More...
Структурування сфери економічних відносин як передумова систематизації господарського законодавства

Структурування сфери економічних відносин як передумова систематизації господарського законодавства

Author(s): Yulia Ostapenko / Language(s): Ukrainian Issue: 130/2015

Problem setting. Dynamics of structural changes in the real economy is a basic factor in the dynamics of structural change in the subject of economic law and primarily - law. Hence, the structural development of the Ukrainian economy, including its manufacturing sector requires a thorough analysis in the context of the structural balance of proportions and involvement of the legislative regulation of mechanisms for sustainable development, the opposition of destabilizing external negative influences, increased competitive industrial complex in the world market. Recent research and publications analysis. An important achievement in the analysis of the nature of economic relations, the need for legal support for the implementation of these relations and the role system, globalization and integration processes on sources of economic law did Russian scientists, namely V. Bezbakh, M. Kuznetsov, M. Masevich, V. Ulyanischev more. Regarding the analysis of research on the territory of Ukraine is involved in this issues outstanding scientists, business executives such as: V. Mamutov, O. Vinnyk, D. Zadyhaylo, G. Znamenskii. Also involved in the analysis of science P. Skrypnyck, V. Volodya and more. But these scientists have not paid sufficient attention is systemic view on forming nature of economic relations and developing strategies to ensure the formation of modern legal relations of the economic system according to the specific nature of the system is economic relations. Paper objective. The article is an analysis on the contents system elements of economic relations and legislative activity in each segment in the field of economic law and different approaches to regulation at both the national economy and in the globalization context. Paper main body. The scope of management, which are purely market mechanisms combined with the requirement of social direction of the economy requires structural analysis and installation of the latest legal regulation of economic relations that can ensure a harmonized development of the national economy and regulate private and public interests. Thus, the structuring of the national economy based on major theoretical and methodological principles of economics, namely the sectoral structure theory, initiated K. Clark [14], which interpreted the division into three sectors - primary (agriculture), secondary (industry), tertiary (Service Industries); and later in the dynamic evolutionary changes in the economy has five or more sectors. Indeed, the structure of the national economy, which reflects the macroeconomic proportions in economic development, and evolve dynamically modified. Second, Ukraine has made replacing one system to another, and from some in some structural subdivisions and destroyed at the national level closed-loop manufacturing system - development or mining, processing or manufacturing, to final product; and, consequently, traffic from one technological way to another, and with it the movement of national economic system to a postindustrial society. Consequently, there are a number of problems related to the structuring of the economy and legislative support to its legal function. Thus, the dynamic structural changes in the real economy is a basic factor in the dynamics of structural change in the subject of economic law and primarily – law. Hence, the current structural development of the Ukrainian economy, including its manufacturing sector requires a thorough analysis in the context of the structural balance of proportions and involvement of the legislative regulation of mechanisms for sustainable development, the opposition of destabilizing external negative influences, increased competitive industrial complex in the world market. Conclusions. Problems structuring of the economy, the formation of a market economy and the movement towards a post-industrial society in Ukraine should develop a strategy for the development, special prudent economic concept in law given theoretical and practical achievements that have passed the test of time, history and experience. Ignoring basic principles and laws of structuring national economy leads to deep structural deformities that hinder economic development and causing considerable social losses. In summary, it should be emphasized that the dynamics of structural changes in the real economy is a factor in structural changes in the subject of business law and legislation.

More...
До питання адміністративно-правового регулювання у сфері освіти інвалідів в Україні

До питання адміністративно-правового регулювання у сфері освіти інвалідів в Україні

Author(s): O. Pаrovyshnyk / Language(s): Ukrainian Issue: 128/2015

The article is dedicated to analysis of actual questions of administrative law regulation in field of the disabled people education. The author covered separate problems in the given field and presented reasoned offers of possible ways of their solution. The author underlined positive aspects of inclusive education development in the country and pointed conditions of its effective introduction and functioning in the future.

More...
Вплив корупційних ризиків на забезпечення доступу до інформаційних ресурсів: постановка питання

Вплив корупційних ризиків на забезпечення доступу до інформаційних ресурсів: постановка питання

Author(s): O. Chervyakova / Language(s): Ukrainian Issue: 128/2015

The article examines the impact of actual corruption risks in providing access to information resources. Defined objective and subjective factors contributing to the corruption risks and the ways of their reduction. Attention is focused on the need to strengthen state control over the implementation of the law on ensuring transparency in government, including through the creation (definition) special authority

More...
Правове регулювання службово-бойової діяльності сил охорони правопорядку в умовах надзвичайних ситуацій соціального характеру

Правове регулювання службово-бойової діяльності сил охорони правопорядку в умовах надзвичайних ситуацій соціального характеру

Author(s): V. Matsyuk / Language(s): Ukrainian Issue: 128/2015

The analysis of regulatory support service and combat activity of the forces of law and order in social emergency situations is realised. The basic problems are determined for of legal regulation of service and combat activity of the forces of law and order in social emergency situations. The main ground is proved for need to introduce in the south-eastern regions of Ukraine emergency legal and administrative regimes.

More...
Зміст та мета фінансової діяльності: проблеми визначення

Зміст та мета фінансової діяльності: проблеми визначення

Author(s): M. Damirchiev / Language(s): Ukrainian Issue: 128/2015

The author explores the purpose and content of financial activities. Focuses attention on the relationship categories "public financial activities" and "financial activities of the State," examines the relationship of financial activity to the financial system.

More...
Значення державного кредиту як елемента фінансової системи держави

Значення державного кредиту як елемента фінансової системи держави

Author(s): M. Perepelitsa / Language(s): Ukrainian Issue: 08/2015

The article's main objective is to review thefunctions and effects of public credit. Author interested in both positive and negativeaspects of this phenomenon. As a conclusion, the key provisions of the economy,which is abusing this financial instrument becomes, in essence, the debt, whichadversely affects the entire social life of the country.The purpose of the article. State credit is recognized as one of the elements ofthe financial system of the state. While there is such an element is not immediatelyand not next to the tax or fiscal system, but at the present stage it is already firmlyestablished in the financial system of any country. In the twenty-first century it isdifficult to find the budget of some States that had no shortage; almost impossible tofind a country that could do without the institution of government lending plan theirincome and expenses.Presenting main material. This provision applies both economicallydeveloped and developing States. Therefore, it can be noted that the government loanhas acquired a permanent character and has a significant impact on the economicsituation of the whole society. In this regard, the interest in this phenomenon at thepresent stage not only does not stop, and compounded. This is connected with hugedebts, which have emerged in the budgets of modern States, and the need for findingways for their servicing and repayment, and overall – the place and role of publiccredit in the financial system of the state, its impact on economic development of thesociety, both in a negative and in a positive direction.With the development of financial relations and financial systems developedand improved and lending mechanism. In the modern world there are many forms(types) of loan: private, public, banking, government, export, commercial, municipal,commercial and the like. They have their own characteristics, but the essence remainsindispensable – the subject shall be provided on a time and under appropriateconditions. One type of loan is a state loan, in which the government can act in therole of a creditor and the debtor. As a rule, carrying out its financial activity of thestate is a creditor in respect of some sectors of the economy, and the debtor in respectof internal and external market. State credit is a tool that allows you to mobilizepublic funds and additional necessary funds, so government loans have become inmodern conditions second after taxes methods of financing budget expenditures.Accumulated thus means primarily designed to cover the budget deficit. So the stateis closing the gap in time between the need for money and their availability.An important rule of public credit should still be striving to be as inexpensiveas possible, and even free use of loan capital. Payment is not an inherent feature ofthe loan. Financial history knows examples when zero percent loan has led toeffective results in the economy, and more importantly, to the ability to repay theloan. The second question is that of the creditor, such a situation might not be happy,and therefore, it is possible to offer a portion of the profits that will be received as aresult of the use of borrowed funds. Because the percentage (but still a highpercentage), or otherwise significantly increase the amount of debt that you need toreturn that, as mentioned earlier – are an additional burden on the state budget.Conclusions. From the foregoing it is clear that the government loan is an obligatoryelement of the financial system of any state. As a financial instrument it can kasuatito state both positive and negative effects, depending on the tasks, set before thegovernment.Conclusions. The negative value of this phenomenon is manifested in thetransformation of the economy on a debt that subsequently leads to a decline in allspheres of life of such a society, because, the money must push to its development,will be levied to service the interest on the debt. Such a state loan can lead thecountry and to the loss of its sovereignty. But the intelligent and careful use of thismechanism contributes to the realization in society switchgear and control functions,allows you to replenish the budget revenues, without resorting to this issue.

More...
Поняття і значення юридичних фактів у динаміці фінансових правовідносин

Поняття і значення юридичних фактів у динаміці фінансових правовідносин

Author(s): O. Makukh / Language(s): Ukrainian Issue: 08/2015

In today’s legal reality there are new search for ways toachieve the stability of legal relations. The industry of financial law is not anexception. At the same time it is necessary to note that in this situation increases theinterest of scientists to study the circumstances that give rise to the emergence,change or termination of financial relations - legal facts, the definition of theirconcept and importance of the dynamics of this kind of public relations.Releavance of the research topic: Indeed, the legal facts in the movement ofall types of legal relations are very important because financial (and other) legalrelations are dynamic legal phenomenon, the essence of which might be revealedduring its respective stages of development: the emergence, change and termination.Recent research and publications analysis: Fundamentals in the study oflegal facts were laid by such theorists and financiers such as: S. S. Alekseyev, V. B.Isakov, S. A. Zinchenko, O. A. Krasavchikov, N. P. Kucheryavenko, A. P. Orlyuk,G. F. Shershenevich, M. D. Shargorodskiy and others. At the same time, theconcept and value of legal facts in the dynamics of financial relations is littleexplored.Paper objective: With this in mind, the purpose of the article is to analyzedifferent points of view regarding the designated topic.Paper main body: It is significant that even the concept of "fact" is quitecommon, however, it is treated very ambiguous. Among jurists legal factstraditionally defined as the specific circumstances of life, with the onset of thefinancial rules of law which bind the emergence, change and termination of legalrelations. Legal facts in the financial and legal regulation have a number ofcharacteristics: consolidation in the financial rules of law; reasonableness; the abilityto determine the legal consequences; concreteness; descriptiveness; clearance;effectiveness (the actual occurrence).The essence of financial legal relations, which are dynamic legal phenomenonmight be revealed during its respective stages of development: the emergence, changeand termination. And particular importance here is acquire legal facts. Taking thisinto account, "the legal consequences that follow on the basis of legal facts, in themost common way can be reduced to the main phases of the existence of legalrelations - their emergence and termination, as well as change." At the same time it isimportant to emphasize that the legal facts are not only generate, change or cancel thefinancial relations, but also "correct" in a certain way those rights and duties of theparticipants of financial activities which occur within the relevant legal relations;ensure the implementation of the rights and duties of relevant actors in their actualbehavior. They advocate direct legal basis of origin of the subjective rights ofindividuals in specific legal relations, a kind of transition means of a legal entity tothe appropriate subjective right, take an independent place in the mechanism of legalregulation, as they provide a transition from the state normative regulation of socialrelations to the individual through the prescribed in the law subjective rights andcorresponding duties.Conclusions of the research: We believe that legal facts have the followingfunctions: emergence, change and termination of financial legal relations; legalconstitutive; constructive; garantee; informative; individual regulation.

More...
Пеня в податковому праві: між способом забезпечення і санкцією

Пеня в податковому праві: між способом забезпечення і санкцією

Author(s): Paul Duravkin / Language(s): Ukrainian Issue: 08/2015

Doctrinal idea of thetax and legal nature of fines can be reduced to three areas, according to the fine whichmeans: as a means of support; as a sanction; as such, has a dual legal nature(consisting properties sanctions and way of security). No matter what the legal naturegive a penalty (penalties mode support, double) confer on her performancecompensation function.Paper main body. The position on the legislator specified penalty as a way toensure or warrant by itself can not be decisive for its legal nature. Timely and fullpayment of taxes and duties include calculating fines. Penalty is a complement to theamount unpaid on time taxes and fees, as occurs after conversion of such amounts inarrears. The fine is an additional burden for property taxpayers, compared to its initialobligation to pay taxes and fees. Interest penalties are the result of the expiry of theduty to pay taxes and fees. The fine is enforceable as of its payment obligation goesbeyond the obligation to pay taxes and fees. Penalty should compensate the delaybudget revenues provided the amounts of taxes and fees. Penalty in the tax lawshould be seen as compensation sanction, which provides prevention of crime andcompensation for late payment of taxes and duties to the relevant budgets.Size of fines consists of several elements: the statutory interest penalty amount;the period of delay in payment of taxes and fees; amount by which the penalty ischarged. In Ukraine tax law is fine-compensatory penalties, due to its calculationboth unpaid taxes and duties on time and in the amount of fines. Penalty can performthe function of compensation subject to its charging only for the amount of untimelypaid taxes and fees, the accrual of penalties for the same amount of othercompensation contrary to its purpose. It is necessary to amend the Tax Code ofUkraine, which resulted in the penalty should be assessed only on the unpaid taxesand duties on time.Conclusions of the research. By its tax and legal nature of compensation isfine sanction for violation of terms of payment of taxes and charges applied in theform of interest accrued on unpaid on time taxes and fees. Late in tax law is thesanction for violation of terms of taxes and duties, which resulted in the detention oftax revenues to the respective budgets. Belonging to the measures of tax penalties andlegal liability of predetermined complementary with respect to the amount of taxesand fees that were not paid on time. Creating additional burden for propertytaxpayers, providing additional income to the respective budgets penalty has tax andlegal nature of compensatory sanctions

More...
Деякі міркування стосовно дискреційних повноважень органів, що здійснюють фінансову діяльність в Україні

Деякі міркування стосовно дискреційних повноважень органів, що здійснюють фінансову діяльність в Україні

Author(s): D. Kobylnik / Language(s): Ukrainian Issue: 08/2015

Nowadays Ukraine overseas the critical problem ofauthorizing the discretionary power, using the own discretion in taking decisions byauthorities, which are related to the public financial activity. Mostly it can beexplained by the high level of corruption in our country.Relevance of the research topic: Recent time, the problem of discretionarypowers of subjects in the field of finances is observed by many scientists: V.B.Averyanov, M.K. Zolotaryova, M.P. Kucheriavenko, D.V. Luchenko, E.M. Smichokand others. At the same time, no comprehensive researches in this filed was done.The aim of the present paper is the determination and analysis of discretionarypowers of some authorities, which provide the public financial activity in Ukraine.Recent research and publications analysis: Taking into consideration thevarious existing approaches among scientists and practical lawyers for solving thediscussed problem, it is possible to indicate several questions of first importance:which of the powers can be regarded as discretionary; is it needed and reasonable toprovide the discretionary powers to the bodies, which provide the public financialactivity; in which way to ensure the balance between public and private interests ofthe members of financial legal relations under the estimation of the legal status forthe proper authority, which operates with mobilization, distribution and exploitationof public funds, and other questions. The importance of these questions solving arisesunder the requirement to fulfill the principle of supremacy of law and the principle oflegitimacy in the field of financial activity.Paper objective: The investigation of the problem of discretionary powers ofauthorities providing activity n the field of finances.Paper main body: The discretionary powers of public financial activityauthorities are the powers that provide several possibilities for the final decisionmakingby this authority (that exist in the legal establishedlimits) of the powerresolution in the field of mobilization, the distribution and exploitation of the publicfunds’ assets. At the same time, the discretionary powers is not the activity onpersonal judgement and somebodies own opinion. It makes no sense to equal thepersonal judgement of the body and its discretionary powers, and it is not reasonable.The discretionary powers should be limited by the legislation.The discretionary powers of public financial activity authorities have to berestricted by the legislation. Furthermore, the European Court of Human Rightsstands the same position and points out the requirement for it. Taking into account theimperative type of financial legal regulations and the requirement to fulfill theprinciple of supremacy of law in the field of public financial activity, we considerthat it is needed to establish the strict limits for the implementation of the discussedpowersby the corresponding bodies in the financial legal acts.Conclusions of the research: We are convinced, that authorities that areresponsible for the mobilization, distribution and exploitation of the public funds’assets should have discretionary powers. We agree that their existence is “the bestdisplay of the legal state”. The empowerment of legal authorities by discretionarypowers will unsure the more effective financial activity due to the fact, that itprovides the possibility of taking the optimal decision for the specific case. Itsestablishment certainly foresees the determination on the legislation level of thelimits, in which the legal authorities should act. The discussed above shows therequirement for further scientific researches to solve the problems connected to thelegal nature of the discretionary powers of the authorities, which provide the publicfinancial activity in Ukraine.

More...
Договір позики: спірні питання форми та предмета

Договір позики: спірні питання форми та предмета

Author(s): V. Yanishen / Language(s): Ukrainian Issue: 08/2015

Problem setting. Often at the conclusion and realization of the loan agreementarise disputes about the form and the possibility of usage as a subject of the contractthe foreign currency.Relevance of the research topic. The lack of unity in the theory and practiceof legal regulation of the form of the loan and its subject, requires further scientificresearch of its individual provisions.Recent research and publications analysis. The research of the legalregulation of loan relationship explores by many scientists, including Bezklubiy I.A.,Krivenda O.V., Lepeh S.M., Tupitskaya E.A. and others. But the question of formand subject matter of the loan agreement nowadays remains without proper legalassessment.Paper objective. The research and analysis of the provisions of the currentlegislation of Ukraine and judicial practice on the form of the loan agreement,documented conclusions and its conditions, and the ability to use foreign currency asthe subject of the loan agreement.Paper main body. The legal nature of the loan agreement was considered. Theagreement determines the transfer of the ownership of borrower money or otherthings, with the generic characteristics under the obligation to return the same amountof money (the loan amount), or the same amount of things of the same kind andquality. It is real and one-sided agreement, it can be orally and in writing.It was established that hand receipt or other document certifying the transfer ofcreditor a sum of money or a certain number of things is important documentaryevidence of the transfer of the loan. The usage of hand receipt goes beyond the scopeof the loan agreement. It can be confirmed not only by the fact of transfering thefunds or property, but with the fact of performance of the obligation. For the storagehand receipt can replace the contract.The point of view of some authors, supported in some cases by judicialpractice, that hand receipt replaces a written loan agreement was disproved because itis neither a loan agreement concluded in written form, no deal. The hand receipt isonly written confirmation of the loan agreement, its terms and conditions.It is confirmed that the use of foreign currency in Ukraine is allowed in casesestablished by law. It was argued that the transfer of foreign currency loan is not anobligation and does not require an individual license of the National Bank of Ukraine.Therefore, the transfer of foreign currency loan does not contradict Ukrainianlegislation. Execution of the Borrower's obligations under the loan agreement, thesubject of which is foreign currency carried out in local currency at the exchange rateof the National Bank of Ukraine. Inflation rate determines the level of depreciation ofthe purchasing power of the national currency of Ukraine - UAH. Therefore, thesubject of indexation is - hryvnia.Conclusions of the research. Hand receipt is the only proof of the conclusionof the loan agreement and its terms and conditions. It can not be invalidated.Foreign currency can be transferred on loan. The return of the loan is made inlocal currency at the official rate for the day of return. Foreign currency, which is thesubject of the loan agreement, is not the subject of the indexation.

More...

Economics of Illegal Work and Illegal Workers (Immigrants): Are They Protected under Douth African Labour Law and the Constitution, 1996?

Author(s): Mashele Rapatsa / Language(s): English Issue: 3/2015

This article analyses whether prostitution (illegal work) and illegal immigrants have access to the protective ambits of statutory framework regulating employment relations. Its objective is to examine the scope of labour law, considerate of ever changing trends in the modern world of work. It utilizes the two notable precedents founded in Kylie v CCMA and Discovery Health v CCMA. This is considerate of inherent dynamics in contemporary labour relations where the majority of workers have been displaced into grey areas that offer little or no protection, thus rendering workers vulnerable to exploitation. The article highlights a rising tension arising out of exploitative labour practices and socio-economic factors, and the need for labour law to respond. It has been found that courts have creatively invented strategic methods that have successfully aided efforts of protecting vulnerable workers engaged in economic activities under precarious circumstances. This is to the extent that the Constitution, 1996 and the Labour Relations Act 66 of 1995 have been interpreted in a manner that enhances worker protection, which fulfils the purpose for which labour law was enacted.

More...
INTERPLAY BETWEEN ARTICLE 14 AND ARTICLE 55 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)

INTERPLAY BETWEEN ARTICLE 14 AND ARTICLE 55 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)

Author(s): Nemanja Pandurević / Language(s): English Issue: 11/2015

The paper focuses on the possibility of concluding contracts for the international sale of goods under the CISG when the price is not determined. The paper analyzes a contradiction between Article 14 of CISG which clearly sets the rule that offer must determine prices, which further implies the impossibility of acceptance of the offer when this element is not defined. From the other side, the Convention under Article 55 still contains dispositive rule of determining prices with the contracts that are validly concluded with no further provisions on this. These two opposing articles create a dilemma in terms of their common sense when interpreted in light of the fact that the CISG is uniform, meaningful and non-contradictory convention.

More...
Deregulacja zawodu doradcy podatkowego jako naruszenie interesu podatnika

Deregulacja zawodu doradcy podatkowego jako naruszenie interesu podatnika

Author(s): Rafał Biernat / Language(s): Polish Issue: 93/2014

Tax advisers are professional attorneys of the taxpayer which into the brave and lawful way have to defend the interest of the taxpayer, appearing in tax proceedings. This profession constitutes the example of the profession of the public confidence which representatives have great experience and knowledge in the interpretation of the tax law. Along with the this year’s amendment of the tax counseling laws about the tax consulting a question whether the deregulation of the profession of a tax adviser doesn’t cause worsening the legal situation of the taxpayer appears (whether isn’t threatening his business). It is worthwhile in addition making analysis of the notion “interest of the taxpayer” which in tax regulations is acting as the general clause. The author is thinking as changes in traineeships, of examination process of candidates for tax advisers will influence the protection in the future “of interest of the taxpayer”. They state, that moving in of the decontrol act is violating the principle of the certainty of the fiscal law as well as a doubt is arousing in taxpayers as for competence of tax advisers which got authorized according to new provisions. According to the author’s facilitating the access to the profession of the public confidence with the detriment of the interest of the taxpayer is acting to the disadvantage of the professional self-government. As the demand de lege ferenda a need of repealing decontrol regulations and conducting new discussion on the parameters of the tax consultancy was recognized in the context of the fuller realization of the interest of the taxpayer.

More...
Characteristics of pre-state redistributive (tax) right of man

Characteristics of pre-state redistributive (tax) right of man

Author(s): Ruslana Havrylyuk / Language(s): English Issue: 94/2015

Pre-state redistributive (tax) right of man became the fact of reality simultaneously with the emergence of him himself and the emergence of a human society. Its origin is caused by mutual public needs of individuals. The fundamental characteristics of pre-state redistributive (tax) right of man were his anthropogeny (human-dimensionality), constructability (constructivism) and contextuality, (conditionalism of redistributive relations due to inexhaustible specific content).

More...
Transponiranje Direktive 2011/83/EU o pravima potrošača - izazov za nacionalne zakonodavce

Transponiranje Direktive 2011/83/EU o pravima potrošača - izazov za nacionalne zakonodavce

Author(s): Anita Petrović / Language(s): Bosnian Issue: 1/2015

In the area of European contract law legal area most affected by the process of harmonization, and consequently the process of revision is the area of consumer protection. Because in the last few decades most intense legislative activity is manifested in the adoption of consumer directives. Transposing consumer directives member states have recognized the opportunity of their own economic development, since the improvement of trade is only possible if consumers enjoy the same rights no matter where in the territory of the European Union conclude contracts . This paper is focused on new horizontal instrument of European consumer law, Directive 2011/83/EU on consumer rights. Directive 2011/83/EU is a pioneering step towards building a coherent European consumer protection law, and in this light will be indicated the problem questions that arise in the process of harmonization of regulation Member States with Directive 2011/83/EU, keeping in mind the maximum harmonization clause. Also critically will be considered the process of harmonization of positive legislation with the Acquis in the field of consumer protection.

More...
Nominalizam u funkciji pravno relevantne volje

Nominalizam u funkciji pravno relevantne volje

Author(s): Aida Mulalić / Language(s): Bosnian Issue: 2/2015

Changes in the value of money reach almost all segments of society. In this way the issue of the protection of monetary claims in terms of depreciation shows in its full expansion. Source of the problem, as we attempt to prove is based on a different understanding of the essence of money in monetary and legal theory and judicial practice that characterize the money differentaly. Consequently there are different doctrinal conflicts in various attempts to define the money referred to two questions: what are the main characteristics of money and what is the nature of the intrinistic value of money? There is a point where legal and economic theories diverge. Those differences result in unequal legal treatment of legal subjects. To that goal we subordinate our choice of scientific methods: induction, explicative analysis and abstraction, with the intention of forming a general conclusion about causality among phenomena induced by economic factors and conditions embedded in legal matters.

More...
Informiranje kao mehanizam zaštite korisnika financijskih usluga - prednosti i ograničenja

Informiranje kao mehanizam zaštite korisnika financijskih usluga - prednosti i ograničenja

Author(s): Anita Petrović / Language(s): Croatian Issue: 1/2016

This paper analyzes the information obligations as one of the instruments of consumer protection created in European consumer law. As a result of the fulfullment obligation of approximation of laws with ascquis, this instrument takes a important place in the new Act on the Protection of Financial Services Users in Fedaration Bosnia and Herzegovina. Directive 2008/48/EC on cosumer credit agreements is based on the information approach, which assumes that only the informed consumer can make an informed choice and make responsible financial decisions. This approach follows the domestic legislature in terms of a comprehensive, standardized and highly detailed regulation of obligations to inform users at the pre-contractual stage and once the contract has been concluded. The purpose of this instrument is to empower financial services user, to fill the information gap and make him more equl to counterparty, because of intangibile nature of financial service everithing that consumer has is information. But other than that this instrument has a broader role and that is to preserve stability of financial sector as it enables the implementation of the principles of responsible borrowing and preventing over-indebtedness. The aim of this paper is to critically examine the provisions of the Act on the Protection of Financial Services Users, which regulates the obligation to inform, and consequently point to the advantages and disadvantages of new solutions in view of the financial literacy problem faced by a large number of users.

More...
Prijevremena otplata kredita prema Zakonu o zaštiti korisnika finansijskih usluga FBiH i Zakonu o bankama Republike Srpske

Prijevremena otplata kredita prema Zakonu o zaštiti korisnika finansijskih usluga FBiH i Zakonu o bankama Republike Srpske

Author(s): Senad Bajrić / Language(s): Bosnian Issue: 1/2016

The article analyzes the main determinants and the specifics of the borrower right to prepay the loan defined by the financial services consumer protection law of FBH and Law on banks of the Republic of Srpska,ie legislation which is in the national legislation of Bosnia and Herzegovina (the entity regulations) transposed Directive 2008/48 / EC on credit agreements for consumers. As a result of inconsistent and non-systematic transposition of EU directives into the BiH legal system, in addition to the above regulations, the right of early repayment of the loan is regulated by the Consumer Protection Act of BiH which have taken scarce solutions of"old" directive on consumer credit (Directive 87/102/EEC on consumer credit). In this way, in Bosnia and Herzegovina both old and new solutions in consumer Directive exist at the same time (although the entry into force of Directive 2008/48/EC terminated Directive 87/102/ EEC), thereby and those related to consumer’s right, the borrower right to early repayment of loans. And given the subsidiary application of the provisions of the ZOO on the loan agreement, it is clear that the fragmentation of legislation in these areas often leads to confusion and the various problems related to adequate and complete use of the aforementioned rights.

More...
Information overload effect u stambenom kreditiranju potrošača

Information overload effect u stambenom kreditiranju potrošača

Author(s): Mujo Vilašević / Language(s): Bosnian Issue: 1/2016

This paper analyses one of the basic consumer's rights in the Union – the right to be informed, and in the context of the new regulation on housing loans – Directive 2014/17. With its content, Directive 2014/17 regulates key issues of housing (mortgage) lending, and in particular: the consumer's right to be informed, credit risk management, foreign currency lending and uniform rules of calculating the effective interest rate. As a light motive of the Directive, the consumer's right to be informed is pointed out in different stages of the credit relations. At the same time, critics of the Directive are in particular focused on the so-called information overload effect. To that extent, this paper seeks to examine the consequences of the „too-informed“ consumers, and risk in decision-making in credit relations based on the quantity of information provided. Using normative method, the author tries to show the consumer the right to be informed in a broader sense: analyzing the contribution to the consumers protection - as users of housing loans, as well as the possibility of negative impact of extremely broad spectrum of information that is presented to the consumers in terms of Directive 2014/17. The final part of the work shows the possible parallels with the regulations on the protection of consumers of financial services in the B&H entities.

More...
Result 1-20 of 6721
  • 1
  • 2
  • 3
  • ...
  • 335
  • 336
  • 337
  • Next

About

CEEOL is a leading provider of academic eJournals, eBooks and Grey Literature documents in Humanities and Social Sciences from and about Central, East and Southeast Europe. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, researchers, publishers, and librarians. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. CEEOL supports publishers to reach new audiences and disseminate the scientific achievements to a broad readership worldwide. Un-affiliated scholars have the possibility to access the repository by creating their personal user account.

Contact Us

Central and Eastern European Online Library GmbH
Basaltstrasse 9
60487 Frankfurt am Main
Germany
Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

Connect with CEEOL

  • Join our Facebook page
  • Follow us on Twitter
CEEOL Logo Footer
2025 © CEEOL. ALL Rights Reserved. Privacy Policy | Terms & Conditions of use | Accessibility
ver2.0.428
Toggle Accessibility Mode

Login CEEOL

{{forgottenPasswordMessage.Message}}

Enter your Username (Email) below.

Institutional Login