Zbornik radova Pravnog fakulteta Nis最新文献_第2页

Evolution of the court/tribunal concept: Should we pursue its Europeanization? 法院/法庭概念的演变:我们是否应该追求其欧洲化?

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-34377

Ines Matić-Matešković, D. Bodul, Željko Bartulović

{"title":"Evolution of the court/tribunal concept: Should we pursue its Europeanization?","authors":"Ines Matić-Matešković, D. Bodul, Željko Bartulović","doi":"10.5937/zrpfn0-34377","DOIUrl":"https://doi.org/10.5937/zrpfn0-34377","url":null,"abstract":"We live in times of rapid social, economic and legal changes. Traditional legal concepts, such as court or tribunal, are evolving. The modernization of law contributes to its alignment with the needs of the time when it is applied. Organizational and functional modernization of courts should be oriented towards Europeanization. This must be understood as a broader process than the mere reception of European law and taking over legal institutes from other legal systems without analyzing their actual meaning in the legal order which they are transplanted from, and without assessing whether they are in line with the domestic legal tradition and/or how they are to be included in the national legal system. The authors of this paper analyze key historical aspects in the development of the court system, European standards in defining the concept of a court/tribunal, and the Croatian experience in defining this concept. The authors discuss issues pertaining to the organizational and functional reform of the court system. which organizational structures should be vested with the judicial power and whether it is possible to maintain the principles rooted in classical legal standards.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131416478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Climate change, emergency situations and the response of Serbia, Montenegro, and Croatia 气候变化、紧急情况以及塞尔维亚、黑山和克罗地亚的反应

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn1-40978

D. Todić

{"title":"Climate change, emergency situations and the response of Serbia, Montenegro, and Croatia","authors":"D. Todić","doi":"10.5937/zrpfn1-40978","DOIUrl":"https://doi.org/10.5937/zrpfn1-40978","url":null,"abstract":"The aim of the paper is to examine the relationship between climate change and emergency situations in the legal systems of three states: Serbia, Montenegro, and Croatia. The first part of the paper presents the attitudes of Serbia, Montenegro and Croatia towards climate change and emergency situations. The author analyzes the laws regulating the field of climate change (from the standpoint of potential relevance for emergency situations) and the laws regulating the field of emergency situations (from the standpoint of potential relevance for climate change). The second part of the paper points to the membership of Serbia, Montenegro and Croatia in relevant international agreements in the field of environment. The author discusses the position that the relationship between the climate change and emergency situations is not regulated in a comprehensive manner, and that this issue has been partially and inconsistently recognized in international law regulations. In that regard, there is room for a significant clarification on their correlations. The character of the links between climate change and emergency situations should be viewed in light of the development of international law and the specific features of the legal systems of the three countries, including their status within the EU integration process.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115668297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The principles of human organ transplantation procedure 人体器官移植程序的原理

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-24395

M. Lazic, I. Šimonović

引用次数: 1

International Protection and application of the Non-refoulement principle in countries with inadequate or inaccessible healthcare 在医疗服务不足或无法获得医疗服务的国家实施国际保护和不驱回原则

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn1-34595

Bojan Stojanović, Bogdan Krasić, Z. Stojanović

引用次数: 0

The use of information technologies and employees' personal data protection 信息技术的使用和员工个人资料的保护

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-23398

Željko Mirjanić

引用次数: 1

Definition of fundamental breach of contract on international sale of goods 国际货物买卖中根本违约的定义

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-34163

Uroš Zdravković

{"title":"Definition of fundamental breach of contract on international sale of goods","authors":"Uroš Zdravković","doi":"10.5937/zrpfn0-34163","DOIUrl":"https://doi.org/10.5937/zrpfn0-34163","url":null,"abstract":"The fundamental breach of contract is defined in Article 25 of the UN Convention on Contracts for the International Sale of Goods (CISG), which states: \"A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.\" When a fundamental breach of contract occurs, the deprived party (seller or buyer) has a right to avoid a contract. Avoidance of contract is the last resort remedy applicable in case other remedies are ineffective. Pursuant to Article 25 of the CISG, there are two criteria which must be fulfilled for a fundamental breach of contract to exist. The first criterion is objective; it comprises two conditions: a) there is a breach of obligation defined in the contract or in the CISG; and b) such a breach substantially deprives the other party of what the party is entitled to expect under the contract. The second criterion is subjective: the breaching party has to foresee such a result. Although this criterion is essentially subjective, it contains an objective element, embodied in the use of the reasonable person standard. Hence, even when the breaching party has not foreseen substantial deprivation of the other party as a result of breach, a substantial breach of contract will be deemed to exist if a reasonable person of the same kind in the same circumstances could have foreseen such a result.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130085869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Effectiveness of procedural decisions in first-instance administrative proceedings 一审行政诉讼程序决定的效力

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-33292

Dejan Vučetić

{"title":"Effectiveness of procedural decisions in first-instance administrative proceedings","authors":"Dejan Vučetić","doi":"10.5937/zrpfn0-33292","DOIUrl":"https://doi.org/10.5937/zrpfn0-33292","url":null,"abstract":"The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129086398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Robert Grin: Zakoni ljudske prirode, Kontrast, Beograd, 2022

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn1-42664

Aleksandar Mojašević

引用次数: 0

Declarations of will in the digital environment and wrap contracts 在数字环境下的遗嘱声明和包装合同

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-34212

Dubravka Klasiček

{"title":"Declarations of will in the digital environment and wrap contracts","authors":"Dubravka Klasiček","doi":"10.5937/zrpfn0-34212","DOIUrl":"https://doi.org/10.5937/zrpfn0-34212","url":null,"abstract":"Declarations of will made in a digital environment are undeniably different from the ones done in a \"physical\" world and some persons might not be aware of their significance. Many people join various Internet Service Provider's (ISP) sites daily. To do that, they usually have to agree to terms of service (ToS) that govern those sites. These declarations of will are sometimes direct: by clicking 'I agree', a person knows that he/she has agreed to ToS, whether he/she has read them or not. What is more important , a person is aware (or should be aware) that he/she has entered into some sort of an agreement with an ISP-a clickwrap agreement. However, on some Web pages, a person is consenting to the ISP's ToS simply by staying on and browsing the page, which constitutes a browsewrap agreement. These declarations are not direct and a person is often unaware that he/she has entered into an agreement with ISP. Furthermore, ToS often change and an ISP will sometimes not inform users about it. In those instances, users will not be aware of the changes to ToS and that, by continuing to use the ISP's services, they are agreeing to them. These are some examples of will being declared in a digital environment, without the person declaring it being aware of what he/she has done. It seems that, for some reason, people take what happens online less seriously than what happens in a \"physical\" world. This paper will try to show that this is a serious mistake in a digital environment.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127896450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Behavioral law and economics: Multidisciplinarity in action 行为法律和经济学:多学科在行动

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-23189

Aleksandar S. Mojašević

引用次数: 2