УЛОГА И ЗНАЧАЈ ЗАКЉУЧИВАЊА УГОВОРА О ОСИГУРАЊУ,ПРАВНА ПРИРОДА ПОЛИСЕ И ПРОБЛЕМИ НАСТАНКА УГОВОРА О ОСИГУРАЊУ У ПРАКСИ

Author(s): Aleksandar Popović,Dalibor Pejaković / Language(s): Serbian Issue: 35/2013

This gladly attempts to analyze the need for concluding an insurance contract between the insurer and the insured. Particular emphasis is placed on the detailed analysis of insurance contracts and insurance policies, two special institutes in insurance. Attention is drawn to the great importance of entering the provisions in the insurance contract, the method of paying the insurance premium and the beginning of risk bearing, as well as the problems that insurers and insureds face when concluding an insurance contract. The paper analyzes the importance of terminating the insurance contract for the insurer in case of non-payment of the premium. The result that this work aims to achieve is to make a contribution to a more complete and comprehensive overview of the legal issues that can be raised in connection with concluding an insurance contract and drawing up an insurance policy.

ОБАВЕЗЕ СТИЦАОЦА ТЕХНОЛОГИЈЕ

Author(s): Milica J. Čizmovic / Language(s): Serbian Issue: 38/2016

In modern economic conditions, technological development has become the basis for the development of economic entities and the human community as a whole. Technological development results in the creation of new or improvement of existing products, services and processes. Technology transfer, as a process of transferring technological knowledge, represents a strategic option of technological development that is applied by most companies. It is a dynamic, multiphase, interdependent and complex process. The transfer of technology is of particular importance for a group of less developed countries, which strive for faster economic development of their own, and which do not have adequate resources for the independent development of technology. The transfer of technology means the transfer of economically applicable technological solutions and technical knowledge and experience from one business entity providing the technology and the holder of the rights to another business entity-acquiring the technology, with the payment of an appropriate fee. The aim of the paper is to present the obligations of the acquirer of technology from the aspect of execution of the technology transfer contract. In the first part, the concept and significance of higher forms of economic cooperation, the motives of the giver, that is, the acquirer of technology, the procedure for acquiring and assigning industrial property rights through technology transfer, the advantages and disadvantages of this process, as well as the sources of legal regulation of industrial property rights are presented. In the central part of the work, the obligations of the acquirer (corincik) of the technology are described in detail. Most attention is paid to the two basic obligations of the acquirer of technology, namely the obligation to use the subject of the contract and the obligation to pay compensation for the transferred technology. In addition to these, significant attention was paid to other obligations of the acquirer of technology, such as: the obligation to pay fees for services and technical assistance, the obligation to submit reports, the obligation to use subsequent improvements, the obligation to keep the transferred technology secret and the obligation of the same quality of product or service with the trademark license .

КОНГРУЕНТНО ОБЕЗБЈЕЂЕЊЕ И НАМИРЕЊЕ ПОТРАЖИВАЊА ДРЖАВЕ

Author(s): Adnan Šehić / Language(s): Serbian Issue: 38/2016

This paper shows the basis of the state's claims against companies, and the way the state secures and collects its claims. The procedure of individual securing and/or collection of claims of the state is based on positive legislative regulations from which the state derives comparative advantages in relation to other creditors. Therefore, the state and the company behave normally in everything, in accordance with the legal powers. On the other hand, the general assumptions for the application of the institute of refutation of legal actions in bankruptcy proceedings are presented, as well as an analysis of whether the legal actions of the state can fulfill these general assumptions. Through this work, the author also points out the special assumptions of congruent securing and/or settlement of claims, and analyzes whether the legal actions of the state and/or the bankrupt debtor, which are aimed at the collection and securing of the state's claims, can fulfill these assumptions, i.e. whether it can be applied to them institute of refutation of legal actions in bankruptcy proceedings.

PROTECTION OF TRADEMARK RIGHTS

Author(s): Milica J. Čizmovic / Language(s): English Issue: 40/2018

The administrative legal protection of trademarks is reflected in the imposition of administrative legal-administrative measures against persons who have violated trademark rights, but also in the supervision of the implementation of regulations directly related to trademark rights. Customs plays an important role in the implementation of intellectual property rights protection measures. The legal regulations of the member states of the European Union and the "TRIPS" agreement regulate in detail the implementation of customs supervision in order to prevent infringement of trademark rights. In order to ensure the efficiency of the work of the customs services in order to prevent and fight against piracy and counterfeiting across state borders, it is necessary to have an effective system of protection, its implementation in practice and the existence of a database of registered trademarks available to customs officials. A special form of administrative supervision is achieved through inspection supervision. Through inspection supervision, control over the implementation of laws, by-laws and other regulations that are directly or indirectly related to trademark infringement is achieved, all with the aim of preserving constitutionality and legality. The Trademark Law also contains provisions that regulate the issue of misdemeanor trademark protection, as one of the types of criminal sanctions in the event of a violation of trademark rights. Although the issue of the criminal law protection of trademark rights in the legislation of Bosnia and Herzegovina is characterized as a new area, and the number of court decisions is relatively small to be able to talk about relevant judicial practice, Bosnia and Herzegovina in a normative sense does not lag behind the countries in the environment whose experience in the field of protection rights lasts longer and whose number of court decisions in this area is greater.

Śmierć niewypłacalnego przedsiębiorcy a regulacje prawa upadłościowego

Author(s): Agnieszka Cybulska-Bienioszek,Aleksander Jerzy Witosz / Language(s): Polish Issue: 3/2023

This study aims to identify and analyse the specific regulations of the Bankruptcy Law to the extent that they relate to the death of an insolvent debtor. The authors attempt to determine the correct interpretation de lege lata, and where it is justified, draw conclusions de lege ferenda. Due to the fact that regulations must be interpreted together with the provisions of inheritance law and other regulations, their correct interpretation may be difficult. This study contains an analysis of three possible cases: when death occurred after the filing of a bankruptcy petition, during the course of bankruptcy proceedings, but also on the brink of bankruptcy before the petition was filed by an authorized person. In the event of death after filing for bankruptcy or after its declaration, the problem is essentially of a procedural nature and is generally resolved by identifying the persons participating in the proceedings (usually a trustee). On the other hand, in the event of the death of an insolvent entrepreneur before they file for bankruptcy, the Bankruptcy Law provides for a separate procedure. At the same time, it seems that due to the distinctness of this situation, the introduction of a different, specific definition of insolvency is justified, which the authors present in this study.

Съвременното състояние на колективното управление на авторски и сродни права в България

Author(s): Mehti Melikov / Language(s): Bulgarian Issue: 4/2023

This article presents the current state of the collective management of rights in Bulgaria, formed as a result of the transposition of Directive 2014/26/EU of the European Parliament and of the Council on the collective management of rights. The subjects of collective management and their economic model are traced. The nature of the position of collective management organizations (CMOs) as an "economic monopoly" is explained. A special emphasis is placed on the relationship between CMOs and the "traders" in the system of collective management – the so-called “independent management entities” (IMEs). After examining the economic prerequisites and the market reaction to the presence of commercial entities in the settlement of rights, a conclusion is made regarding the need for further in-depth analyses of the effects on the system of collective management of rights. In this regard, some significant differences in the economic models of the CMOs and the IMEs are also indicated, so these should be considered.

Интервю с г-н Веселин Тодоров: изпълнителен директор на Сиела Норма АД

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 4/2023

Мерките за опазване на морското биоразнообразие в контекста на свободата на международната морска търговия

Author(s): Miroslava Yordanova / Language(s): Bulgarian Issue: 2/2023

The present article discusses the legitimacy of measures protecting marine biodiversity as permissible exceptions to the principle of freedom of trade under trade agreements operating within the World Trade Organization. To this end, the article classifies the risks to marine biodiversity posed by increased maritime trade and outlines the general and specific problems facing the invocation of general exceptions under trade agreements, given the particularities of the WTO system. A brief overview of the marine biodiversity protection regime in the European Union is made. The article concludes that framing measures protecting marine biodiversity as exceptions to the general regime under trade agreements does not contribute to protecting the World Ocean, therefore it proposes alternative protection measures that do not include restrictive trade measures and that are compatible with the obligations of member states of both the WTO and the EU, including the Republic of Bulgaria.

Incorrect Commercial Practices Regarding Consumer Information

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 1/2023

The exercise of commercial activity requires the fulfillment of specific obligations, starting with the fulfillment of registration formalities in the Trade Register, the exercise of trade within the limits of lawful competition, as well as the protection against unfair practices in the relationship with consumers. Regarding unfair practices, the legislator issued specific rules that aim to balance the operation of the market, by promoting a high level of consumer protection, with the prohibition of those commercial practices that affect the economic interests of consumers. The article analyzes deceptive commercial practices, the relevant regulations, with reference to the specific jurisprudence.

THE SALE AND PURCHASE OF HORSES - LEGAL, THEORETICAL AND CASELAW ASPECTS IN ROMANIAN AND FRENCH JURISPRUDENCE

Author(s): Dragos Chilea / Language(s): English,Romanian Issue: 4/2023

The sale-purchase agreement is probably the oldest contract that first appeared in the form of verbal agreements, more related to the honor, the word, the honesty of the buyer and the seller, and which subsequently, took on a written form and became regulated by written rules. Just as in the case of the sale of foods that may be tried out, the sale with a trial period is a variant of the sale-purchase contract. There are forms/variants provided by law and are among the first forms of such transactions at the time when, as they say, the seller and buyer “shook hands” on the agreement, and the transaction was concluded even without a written form and relying only on their “word” or “honour”, the firm expression of the will of the two parties to sell and buy, respectively, as well as the price demanded and accepted. Under these conditions "the sale with a trial period" is a manner of selling and buying that is present today and which sometimes is also a practice encountered in the case of the sale-purchase of horses. Given the multitude of transactions and their object that can be encountered, it is only natural that many varieties of the sale-purchase contract imposed by the specifics of the sold and purchased good appeared as well. Thus, the varieties commonly encountered on the "free market" are the “sample sale” and the sale “with a trial period”.In most cases, sellers are professionals, but buyers can be either professionals or simple individuals who want to purchase the respective goods, and in the case of the latter the legislation provides additional protection measures. The sale with a trial period is regulated by the provisions of Article 1681 of the Civil Code and is also found in the civil legislation of other countries of the European Union.According to the legal provisions it is considered that the sale has a trial period when it is made under the suspensive condition that the good constituting the object of the sale needs to meet the established criteria, or destination, according to its nature.It has been admitted that goods such as automobiles, animals, clothing and shoes can be the object of such sales. In this study, we will examine the matter of selling "with a trial period" with specific reference to the sale of horses and by presenting legal regulations, as well as jurisprudence in Romania as well as in France.In the French legislation, regulations for the sale of horses are provided in the Civil Code, the Commercial Code, the Consumer Code, but also the Rural Code .The legal rules in France on the sale of horses, which also apply to the exchange, are essential, as many transactions per year concern horses. The French Institute of Horse and Equitation records more than 95,000 horse transactions per year. For a long time the trade of horses was considered as an activity that has particular risks. Consequently, the activity was regulated by a Law of April 12, 1941 requiring horse traders to hold a professional certification under the control of the Ministry of Agriculture . This administrative requirement was removed by the Act of 8 June 1998 . After that date the trade and intermediation of horse transactions have become freely exercised . Transactions in general and horse transactions in particular can be carried out between professionals, between professionals and simple consumers, or only by the latter.In this respect, the French Consumer Code provided for the legal guarantee of conformity and defined the notions of "professional" and "consumer"

Research and Analysis of International Patent Activity in the Field of Green Technology

Author(s): Silviya Todorova,Vladislava Pacheva / Language(s): English Issue: 1/2023

The subject matter of this article is the green technology and its protection as intellectual property objects, more particularly as invention. The analysis will focus on green technology in agriculture and the economic development of the countries over the last two decades due to these technologies. The article indicates the essence of green technologies and the areas of application of the technology, mainly in agriculture. A profile of the enterprises developing green technologies has been made. The results of the performed patent research are analysed, and the top applicants/owners of patents are identified. The filed national and international applications for inventions and the issued patents in the field of green technologies are deduced on country/territory bases. The Influence of green technologies on the development of new plant varieties is also analysed. The thesis of the present study is that one of the important factors for achieving and maintaining economic development and competitiveness of enterprises in today’s competitive environment is the creation of innovative products in the field of green technology and their protection as a patent for an invention.

Prometno pravo : [tematska bibliografija]

Author(s): Aleksandra Čar / Language(s): English,Croatian Issue: 177/2023

This is a list of bibliographic references to selected articles, papers, books and chapters in books in the field of transport law, published in scientific and research journals and other publications by Croatian and foreign (mainly European) publishers from 2010 to 2023. Included are works published in English and Croatian and to a lesser extent in French and German. The purpose of this bibliography is to facilitate the work of researchers in the field of transport law or within one of its narrower areas such as: road transport; rail transport; insurance of transport risks; competition in the transport sector; multimodal transport; and tourism and passenger rights. Given that maritime law is the main subject of research and scientific interest of the Adriatic Institute, a separate bibliography dedicated exclusively to that branch of transport law is being prepared for the next issue of the Maritime Comparative Law Journal (to be published in 2024). OSCOLA (Oxford University Standard for the Citation of Legal Authorities) rules for citing legal sources are used throughout the bibliography.

The Distributed Ledger Technology for the Art Market

Author(s): Camilla Scarpellino / Language(s): English Issue: 2/2023

The art market seems exclusive to a limited circle of collectors due to information imbalances regarding artworks and their value. Often, one must turn to experts and auction houses to finalize a deal. In addition to artistic advice, legal consultations are also necessary, often due to third-party claims on the ownership of the artwork or cases of fraud. This article aims to explore the potential advantages of utilizing distributed ledger technology in the art market to verify and record transactions involving whole or parts of artworks, making them traceable and perhaps more easily purchasable.

EKONOMICZNO - PRAWNE ASPEKTY KRYZYSU ZBOŻOWEGO W POLSCE

Author(s): Adrian Sadłowski / Language(s): Polish Issue: 2/2023

The aim of the study is to recognize the process of regulations expansion and to assess the effectiveness of solutions introduced ad hoc in connection with the intensification of unfavourable phenomena on the internal market of agricultural products from the point of view of EU farmers, which are a consequence of the increased inflow of Ukrainian agricultural products to the European Union. The study is descriptive and analytical in nature, and the method used is an economic analysis of law. It was found that the grain crisis revealed shortcomings in the ability to coordinate legislative activities at the EU and national levels and in the area of respecting the previously adopted division of competences. Chaotic reactions have so far not yielded satisfactory results, and a coherent intervention logic has still not been developed.

Z problematyki prawnej postępowania w sprawie udzielania świadczeń pieniężnych z pomocy społecznej. Część 1

Author(s): Sylwia Łakoma / Language(s): Polish Issue: 45 (4)/2023

The aim of this study was an attempt to present the legal issues of proceedings on the granting of cash benefits from social assistance. The complex and multi-dimensional nature of these proceedings has made it possible to distinguish several key issues within them. Among these issues, a particular importance should be attributed to negative premises. The analysis of the provisions of the Act of 12 March 2004 on Social Assistance58 has made it possible to distinguish two categories of premises in question; negative premises of optional nature and negative premises of obligatory nature. The first part of the article was devoted to negative optional premises, in particular the two of them under Article 11 Section 2 and Article 12 of the Social Assistance Act. Their occurrence may lead to a refusal to grant a particular cash benefit, including – which is worth emphasising – a benefit of an obligatory nature. The above premises have a certain thing in common. When formulating them, the legislator used undefined concepts. The author’s intention was, in particular, to approximate the understanding of the meaning of these concepts. The article attempts to answer the question whether the legal solutions adopted in the Social Assistance Act, in the indicated scope, are sufficiently precise and clearly formulated to facilitate and, as a result, enable social assistance authorities to make decisions on the granting of cash benefits from social assistance, and if not, whether the judicial decisions of administrative courts may be helpful here. This study is based on the analysis of the provisions of the Social Assistance Act, statements of doctrine and judicial decisions of administrative courts. The provisions of the aforementioned legal act, as regards the indicated issue, did not seem to be formulated in a sufficiently clear and precise manner so as to facilitate and, in effect, enable the social assistance bodies to issue decisions on granting cash benefits without major difficulties. The judicial decisions of administrative courts may be of some use in this respect.

Artificial Intelligence in International Commercial and Investment Arbitration

Author(s): Maria João Mimoso / Language(s): English Issue: 2/2023

The topic we propose to address aims to analyze the possible impacts of “new technologies”, especially artificial intelligence (AI), in the context of international commercial arbitration. International disputes often involve complex issues of fact and law, entailing high costs with arbitrators, lawyers, translators and witness travel. International arbitration is often criticized for the lack of transparency of arbitrators, given the inaccessibility of evidence and hearings, and also the lack of speed of the arbitration process regarding the volume of documentation to be analyzed. New technologies, such as data analysis and AI, thus constitute an important tool, both for the analysis of those complex issues, and also for minimizing costs and accelerating the process, namely, allowing remote hearings to be held and automated analysis of documents. In short, the handicaps of international arbitration can be overcome with the use of new technologies, which will lead to greater efficiency, transparency and fairness in the international dispute resolution process. We will analyze the stages of the arbitration process, from the constitution of the court to the sentence delivery, using the deductive method, seeking to demonstrate how (IA) can maximize the arbitral “iter”, contributing to a greater ethics of this alternative means of litigation resolution.

The Growth of Cryptocurrency Investments under Thai Government through Legal Measures

Author(s): Waratchaya Chaiwut / Language(s): English Issue: 2/2023

The first appearance of cryptocurrency in Thailand was only occurred in a small community and not widely famous among a financial transaction. In 2018 – at the present, Thai people advert a cryptocurrency as a trade and other financial transactions, however, these crypto investments are encountered a large number of commercial issues and principal agencies under Thai government use legal measures or make regulations to intervene and control them. Some of legal measure are problematic to stimulate the digital economic growth under the crypto industry and development of financial platforms. Objectives of the study are presentation of advantages and disadvantages of Thai legal measures to control crypto industries in commerce and methodologies for qualitative research are data collection via laws, policies, and legal cases in Thailand. As results of studies, the early direction of laws and policies from Thai government agencies attempted to prevent customers for crypto trades and company business, these agencies have begun to improve lenient legal approaches.

Твърдения за екологосъобразност и заблуждаваща търговска практика (грийнуошинг)

Author(s): Julia Jarova / Language(s): Bulgarian Issue: 1/2024

The article examines the legal phenomenon of “green claims” and greenwashing as phenomena created in the transition to a sustainable economy. The analysis identifies the key role of the sustainable finance in the green transition in the context of the greenwashing. It examines the legal framework within which scope the green claims and greenwashing fall.

GREEK WOMEN V. ROMAN WOMEN

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2023

Although Greek and Roman women, in the earliest times, had a subordinate role, cases can be singled out in which they were directly or indirectly involved in court proceedings. In death, as in life, their identity was lost in that of their male relatives. This was old religious supremacy of the man and in that we can find the origin of woman’s political and legal subordination. The primary duty of women in ancient Athens was to marry and to bear legitimate children because the family hearth must not be extinguished (oikos eremos), so that their family unit might continue. The Athenian woman had no procedural ability, but preserved court speeches such as Antiphon’s „Against the Stepmother“ and Dhemostne’s „Against Neaera“ show that through rhetorical tricks, her presence could be felt indirectly in the courtroom. Though a Roman woman had to answer to her father legally, she didn't conduct her daily life under his direct scrutiny, and her husband had no legal power over her. Despite the fact that Ulpian stigmatizes court-appearance by women: “et propter sexus infirmi-tatem et propter forensiumr erum ignorantiam”, beside Vestal Virgins, examples of women who participated in court proceedings can be found. Valerius Maximus devotes a section of his work “On Memorable Deeds and Speeches” to women who conducted cases on their own behalf, or on behalf of others – Maesia of Sentinum and Afrania. This is also confirmed by Cicero who shows Republican women questioning jurists on points of law, including criminal law.

Reklama produktów leczniczych a ochrona interesu konsumenta.

Author(s): Weronika Woźna-Burdziak / Language(s): Polish Issue: 46 (5)/2023

This article addresses the issue of advertising of medicinal products from the perspective of protecting the consumer’s interest. As the research problem of the article was chosen to reconstruct the normative pattern of indirect consumer protection against incompatible with the provisions of PrFarm advertising of medicinal products directed to the public. The paper uses the dogmatic-legal method. In order to be able to solve the research problem posed, it was necessary to analyze the current state of the law with reference to doctrine and case law. The chosen research method made it possible to answer the research questions posed in the study concerning, among other things, whether the current form of supervision of advertising of medicinal products (or more precisely: supervision of the legality of advertising of medicinal products) is sufficient, and whether the patient/consumer is effectively protected from inconsistent PrFarm advertising of medicinal products directed to the public. As a result of the study, it was concluded that the current regulations on supervision of advertising of medicinal products to the public are not sufficiently effective, as they do not sufficiently protect the interests of the consumer. The above made it possible to propose changes to the current regulations in the form of introducing ex ante control of advertising of medicinal products to the public.