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.

ПРАВО НА ТЈЕЛЕСНИ ИНТЕГРИТЕТ ЛИЧНОСТИ

Author(s): Radenko Jotanović / Language(s): Serbian Issue: 38/2016

The right to physical integrity of the person is one of the basic rights from the so-called corpus of the right to physical integrity. Along with other personal rights from the corpus of rights to physical integrity, this right is basic, primary, essential, vital in relation to all other personal rights. Also, all other personal rights from the corpus of rights to physical integrity are manifested through bodily integrity, because every violation of bodily integrity has its own external characteristics because the human body is materialized, visible, tangible in the "external" world. There are numerous and varied possibilities of injury to bodily integrity, such as various types of medical treatments, (bio)medical experiments and clinical trials, inter vivos and post mortem transplantation, various sports activities, i.e. competitions, etc. However, as with other absolute (non-)property rights, the illegality of the violation is the exclusion by the voluntary consent of the injured person, who in this case is qualified, because it is a so-called informed consent.

БЕЧКА КОНВЕНЦИЈА О ДИПЛОМАТСКИМ ОДНОСИМА-ТЕМЕЉ САВРЕМЕНОГ МЕЂУНАРОДНОГ ПРАВА ПРЕДСТАВЉАЊА

Author(s): Matej Savić / Language(s): Serbian Issue: 38/2016

The theoretical-legal dimension of diplomatic relations from the right of delegation-iuslegationis to the modern right of state representation-iusrepresentationis form the basis from which the author further determines the contemporary international right of representation and today's diplomatic law. The basis of the work is the positive legal dimension of the international right of representation, which is embodied in the Vienna Convention on Diplomatic Relations, Immunities and Privileges and rounded off by the Vienna Convention on Consular Relations. BKDO, with its various elastic solutions, enabled the states to use and combine multiple possibilities of cumulation of functions and representation, which is specifically discussed in this paper. Certainly, the Convention ensured the realization of the progressive development of international law, and thus the intensive realization of diplomatic-consular law. The Convention made an immeasurable contribution to the development of diplomatic practice and the provision of legal certainty in international relations. Although, like international law in general, it faces great challenges, the Vienna Convention on Diplomatic Relations represents one of the most successful multilateral treaties in the United Nations system, which is discussed in detail in this paper.

ПРАВО КУПЦА НА НАКНАДУ ШТЕТЕ ЗБОГ ИСПОРУКЕ НЕСАОБРАЗНЕ РОБЕ

Author(s): Jelena Grahovac / Language(s): Serbian Issue: 38/2016

The main goal of the buyer's right to compensation for damages due to the delivery of non-conforming goods should be seen within the general right to compensation for damages due to the breach of the obligation of the sales contract as a bilaterally binding legal transaction. This objective is based on the fact that the injured party has the same economic (financial) position in which he would have been if the seller had fulfilled his obligation to deliver corresponding goods (principle of positive contractual interest), i.e. the buyer should be in the position in which he would have been if the seller had not violated the obligation delivery. Compensation for damages should restore, not the condition that existed, but the future expected condition based on the contract. In comparative law and legal theory, this issue is regulated in different ways.

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 .

ПРЕТПОСТАВКЕ ЗА ЗАКОНСКО УРЕЂЕЊЕ ПРАЗНИКА

Author(s): Željko Mirjanić / Language(s): Serbian Issue: 38/2016

The validity of the law on holidays is not limited in time, but the duration of these laws depends on the stability of the legal and social order in which they were enacted. Unlike secular holidays, which are changeable, religious holidays are permanent. The Law on Holidays of the Republika Srpska equates the religious holidays celebrated by the faithful members of the constituent nations, thus enabling employed persons to use non-working days to celebrate them.

ЗЛОУПОТРЕБА ОПОЈНИХ ДРОГА У КРИВИЧНОМ ПРАВУ РУСКЕ ФЕДЕРАЦИЈЕ

Author(s): Dragan Jovašević,Marina M. Simović / Language(s): Serbian Issue: 38/2016

On the basis of relevant international documents adopted within and under the auspices of the United Nations, from 1961 to 1988, all states undertook to provide for criminal responsibility and a system of criminal sanctions in their national legislation (basic criminal or supplementary, secondary). for different forms and types of manifestation of illegal activities that are undertaken in relation to narcotic drugs or psychotropic substances or their precursors, which constitute certain forms and types of criminal acts. The situation is similar in the Russian Federation, which, with the adoption of the new Criminal Code in 1966, provided for several criminal offenses of drug abuse, the characteristics of which are discussed in this article.

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.

ENTITIES OD LOCAL SELF-GOVERNMENT AS POSSIBLE HOLDERS OF HUMAN RIGHTS

Author(s): Boštjan Tratar / Language(s): English Issue: 40/2018

In this article, with the help of the scientific method of comparison and analysis, the author shows the judicial practice in relation to the position of municipalities and other local self-government units that are public legal entities as possible bearers of human rights. As a rule, these units of local self-government share the principle position of legal entities, which the legal order recognizes (only) as addressees of human rights, but not as holders. From the federal court jurisprudence of some European countries (Germany, Liechtenstein, Switzerland), especially Slovenia, and the United States of America, as representatives of the Anglo-Saxon system, it follows that local communities are recognized or exercise the so-called procedural human rights (because here no connection with the exercise of individual dignity is required) and property rights or the right to submit the so-called communal constitutional appeals when it comes to the protection of local self-government against unconstitutional encroachment on the constitutional right of local self-government. The author believes that the development of municipal ownership is related to human rights, i.e. the municipality as the bearer of human rights, often legally conditioned.

DONATION IN PROSPECT OF DEATH (DONATIO MORTIS CAUSA)

Author(s): Đorđe Raković / Language(s): English Issue: 40/2018

A death gift is a legal business with a long legal tradition. Along with testament and legatee, it has its roots in Roman law. In different European periods of the development of Roman law, the donatio morits causa had different legal nature, but the dominant one was the one created in Justinian's law, where a gift in case of death was considered a legate. It was a charitable disposition of the donor with the intention of gifting the recipient, which produced a legal effect after the death of the donor, but only on the condition that the recipient outlives the donor. As such, the donatio morits causa was, as a rule, revocable. The contentious legal nature marked the further development of death gifts. Thus, the AGZ accepted the dual nature of the gift in case of death as both a legacy and a gift contract, while the SGZ accepted the Roman concept. A different interpretation has been maintained to this day because the gift in the event of death is not regulated by positive regulations, either under obligation law or under inheritance law. It is generally considered that a death gift is a type of inter vivos gift contract where the delivery of the object of the gift is delayed until the time of the death of the donor. It is a gift contract concluded under a suspensive condition that arises at the time of the death of the donor, and the condition is not that the recipient outlives the donor. If the recipient dies before the donor, his heirs have the right to demand the delivery of the gift. A gift contract in the event of death understood as a contract is, as a rule, irrevocable.

НЕИЗВРШЕЊЕ СУДСКИХ ОДЛУКА ПРОТИВ ДРЖАВЕ: ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДКСА ПРАВА

Author(s): Igor Popović / Language(s): Serbian Issue: 40/2018

The paper analyzes how and in what way non-execution of domestic court decisions against the state affects human rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The rights affected by this state action are the right to a fair trial and the right to property. In addition to them, the question of the absence of an effective legal remedy in such cases will often arise. The practice of the European Court of Human Rights shows that states enjoy a certain field of discretion and can delay execution for certain reasons. At the same time, the lack of funds for execution on the part of the state is not a valid reason to justify non-execution. The same applies to complicated legislation because the state itself created such a legal framework. The first and what seems to be the most important cases for the subject of this paper are the cases against Russia and Ukraine, in which certain principles were established that are applied in similar cases. Finally, it is important to determine how long the state can delay execution. Jurisprudence shows that a delay of up to eight months can be considered reasonable, if it concerns rights that are not of particular importance to individuals. If, however, it concerns rights that are extremely important for individuals (eg rights related to home and housing), then this period will be shorter, and a delay of even six months will be considered unreasonably long

NEW FACTS AND NEW EVIDENCE AS THE BASIS FOR REOPENING AN ADMINISTRATIVE DISPUTE IN THE REPUBLIC OF SRPSKA

Author(s): Dražen Miljić / Language(s): English Issue: 40/2018

According to the Law on Administrative Disputes of the Republika Srpska, new facts and new evidence represent a legal basis that provides the opportunity for dissatisfied parties to demand a repetition of the administrative dispute even after final court decisions. However, although the parties justifiably and often resort to this legal means, in practice its application is rarely allowed. The paper tries to explain the causes of such behavior.

A PROPERTY CLAIM IN A SUMMARY PENALTY ORDER

Author(s): Radenko Janković / Language(s): English Issue: 40/2018

According to the Law on Administrative Disputes of the Republika Srpska, new facts and new evidence represent a legal basis that provides the opportunity for dissatisfied parties to demand a repetition of the administrative dispute even after final court decisions. However, although the parties justifiably and often resort to this legal means, in practice its application is rarely allowed. The paper tries to explain the causes of such behavior.

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.

ПОВРЕДА ПРАВА НА ФИЗИЧКИ ИНТЕГРИТЕТ НЕЗАКОНИТИМ ИЛИ НЕПРАВИЛНИМ РАДОМ ДРЖАВНИХ ОРГАНА

Author(s): Radenko Jotanović / Language(s): Serbian Issue: 39/2017

Personal rights are a non-property part of civil law. In our law, personal rights are studied within the framework of civil law objects. The distinction between the subject and the object of personal rights is made in such a way that the subject of the law is considered to be the human personality as a whole, and the object of the law is the individual properties (parts) that make up the personality as a whole. Not all personal rights have the same importance for their holders, but some of them are more important, and some of them are less important and dependent on the former. The most important rights from the general concept of personal rights have the common name "right to physical integrity". The legal relationship between individual rights to physical integrity and the subjects of personal rights can be seen from the aspect of the relationship to the state, the relationship to other subjects and the relationship to oneself. One of the cases in which the right to physical integrity may be violated is the illegal or improper work of state authorities.

НАЧЕЛО СЛОБОДНЕ ОЦЈЕНЕ ДОКАЗА У КРИВИЧНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ

Author(s): Milijana Buha / Language(s): Serbian Issue: 39/2017

In the laws on criminal procedure, which are applied in Bosnia and Herzegovina, it is stipulated that the court evaluates the evidence presented at the main trial according to the principle of free evaluation of the evidence. However, certain deviations from this principle arise from the legal provisions. Therefore, a legal dilemma arises as to whether one can speak of absolute or conditional judicial freedom to evaluate evidence. This problem will be the subject of consideration in the paper.

Diagnoza strategiczna – analiza zagadnienia na przykładzie strategii rozwoju gminy

Author(s): Mateusz Kowalewski / Language(s): Polish Issue: 18/2023

The primary objective of strategic diagnosis is to identify the most important features, resources, potentials, local problems and its environment for the purpose of planning a long-term development policy. In 2020, legislative changes were introduced that regulated issues related to strategic diagnosis. Article 10a of the Act on the principles of conducting development policy provides that the entity developing the draft development strategy prepares a diagnosis of the social and economic situation and spatial, taking into account functional areas, including functional urban areas. The legislator does not leave the entities developing the draft development strategy free to choose the areas that should be diagnosed. In addition, in Article 10e(3) of the Act on Local Self-Government, the Legislator indicated that municipality’s development strategy contains conclusions from the diagnosis referred to in the above-mentioned Article 10a. The legislator did not specify how the diagnosis should proceed, nor did it specify the date within which it should be carried out. The article aims to determine: 1) what a strategic diagnosis is, 2) what is its significance when creating a commune development strategy, 3) whether the scope and layout of the diagnosis has been clearly defined.

Sprawozdanie z Dnia Administratywisty zorganizowanego na Wydziale Prawa i Administracji Uniwersytetu Szczecińskiego w dniu 25 kwietnia 2023 roku

Author(s): Katarzyna Żurowska / Language(s): English Issue: 18/2023

Conferința Națională „Contenciosul administrativ” – Universitatea din Oradea, 8 decembrie 2023

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 04/2023

În ziua de 8 decembrie 2023, s-au desfășurat, la Oradea, lucrările ediției a IV-a a Conferinței naționale de Contencios administrativ, organizată de Facultatea de Drept a Universității din Oradea.

Czy prawu potrzebny jest heros? Reinterpretacja sędziego- -Herkulesa w świetle myśli starożytnej

Author(s): Anna Ceglarska / Language(s): Polish Issue: 41 (5)/2022

In his work “Law’s Empire”, Ronald Dworkin made the famous comparison that the judge should be like the mythical Hercules. In the modern interpretation, we most often follow the path mapped out by Rawls and Habermas, understanding the judge-Hercules as someone undertaking a heroic effort to discover the only right and true solution to the case. These considerations, however, very often overlook an extremely important aspect. Namely, the attempt to understand and interpret the figure of Hercules, and more broadly – heroes. This article aims at reinterpreting the character of the hero – and thus the judge – by returning to the ancient pattern. By returning to the roots and the ancient way of understanding the hero, it is also possible to better understand contemporary disputes, especially those related to judicial activism and differences in its assessment, as well as to develop a new model of a judge who is neither a hero nor the “mouth of the law”. Within the text, both, the ancient concept of the hero and the figure of Hercules, as the embodiment of a certain archetypal pattern, are analysed. On this basis, the possessed and desired competences of both the hero and the lawyer are also examined. This leads to a different interpretation of the judge-hero. The hero, like the judge, is not to remain outside or above the community but within it. In the relational nature of a judgment, directly related to the concept of prudence and practical thinking, the judge issues a judgment but this judgment is a subject to evaluate, just as the actions of a hero are evaluated by the community which, at the same time, prove his extraordinary role in the process of development, including making and interpreting the law. Thus, the modern judge-Hercules should not be a super-lawyer, an unattainable ideal who loses contact with the rest of society but a hero in the very Greek sense of the word. That means, a real model, having completely human experiences, knowledge and the ability to draw conclusions, teaching his fellow citizens to think and make decisions, while taking into account the needs of the community.