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Cat bonds market: Legal framework and perspectives 中国债券市场:法律框架和前景
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2102141s
R. Sovilj
{"title":"Cat bonds market: Legal framework and perspectives","authors":"R. Sovilj","doi":"10.5937/pip2102141s","DOIUrl":"https://doi.org/10.5937/pip2102141s","url":null,"abstract":"The paper analyses the legal aspects of the status of the catastrophe bonds market. Cat bonds are innovative instruments of securitization, which play a significant role in the financing of natural disasters. Some of the advantages of catastrophe bonds issue are the possibility of expanding risk transfer, reducing credit risk exposure and improving capital management. The aim of research is to point out the possible ways of efficient financing of catastrophic losses, such as the issue of catastrophe bonds. The paper will analyse the principal characteristics of cat bonds, as a significant instrument in connecting capital market with the insurance market. The author considered the current situation at the international and national level. Considering the tendencies in the international capital market, the author concluded that in the Republic of Serbia there is a legal gap and lack of harmonization of the existing legislation, which prevents the issue of catastrophe bonds.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"39 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":"121655875","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
Cargo insurance according to Incoterms 2020 货物保险根据国际贸易术语解释通则2020
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2102177k
Vera Karać
{"title":"Cargo insurance according to Incoterms 2020","authors":"Vera Karać","doi":"10.5937/pip2102177k","DOIUrl":"https://doi.org/10.5937/pip2102177k","url":null,"abstract":"In 2020, the new version of Incoterms trade terms came into force. The author raises the issue of the connection between these trade terms and cargo insurance. Th rough the concept of the sale of goods contract, in which some of the aforementioned trade terms are incorporated, the author provides an answer to the question who has a duty to conclude cargo insurance contract and in what way or who has an interest to do so. The provided analysis suggests that the Incoterms rules do not contain special rules regarding cargo insurance, but only guidelines for the seller what kind of insurance contract must be concluded according to CIF and CIP clauses, while other clauses contain a provision \"without obligation\". The most significant novelty is increasing the necessary insurance cover imposed by CIP clause. However, this does not make Incoterms 2020 a revolutionary version, but rather a development of earlier editions.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"72 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":"134514415","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
Prenuptial agreement as a subject of contesting by creditors 作为债权人争议对象的婚前协议
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2104564p
Jelena Plamenac
{"title":"Prenuptial agreement as a subject of contesting by creditors","authors":"Jelena Plamenac","doi":"10.5937/pip2104564p","DOIUrl":"https://doi.org/10.5937/pip2104564p","url":null,"abstract":"Purpose of this article is to analyse possibility of contesting prenuptial agreement by creditors of one spouse in situations when there is doubt that concluding nuptial agreement has been taken in order to damage creditors. Th e research was conducted by the method of interpretation of legal regulations, with analysis how competent court would act in court proceedings initiated in order to protect creditor's rights. Conclusion is that concluding nuptial agreement currently gives possibility for abuse, so spouses can manipulate with this institute in order to avoid fulfilment of their obligations to creditors. Furthermore, the legal system of the Republic of Serbia does not have effective mechanisms by which such abuse can be prevented, or mechanisms to remove its consequences. Proposals are given for potential changes in legislation, with reference to comparative legal solutions.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"12 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":"114848902","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
De minimis state aid 最低限度的国家援助
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2102087j
Nebojša Đ. Jovanović
{"title":"De minimis state aid","authors":"Nebojša Đ. Jovanović","doi":"10.5937/pip2102087j","DOIUrl":"https://doi.org/10.5937/pip2102087j","url":null,"abstract":"In this paper the author analyses de minimis state aid as an exception from the principle of prohibiting the state to help some undertakings in order not to privilege them among other undertakings and to violate their equality on the market. Author explains the notion of de minimis aid, justification of this exception from the prohibition of granting the state aid, privilege that its provider and beneficiary enjoy in comparison with other types of allowable (\"compatible\") state AIDS, as well as the methods of preventing the circumvention of rules about its granting. Th e author compares the rules of European Union and Serbia in this question, pointing to differences between them. Th e conclusion is that Serbia regulates de minimis aid superficially and vaguely, with important deviations from the EU law. Besides, author contemplates the adequacy of the EU allowable sum of de minimis aid within Serbian economic conditions.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","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":"114977001","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
Challenging the validity of the decisions rendered by the management of the company in litigation proceedings 在诉讼程序中对公司管理层所作决定的有效性提出质疑
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2002170v
J. Veličković
{"title":"Challenging the validity of the decisions rendered by the management of the company in litigation proceedings","authors":"J. Veličković","doi":"10.5937/pip2002170v","DOIUrl":"https://doi.org/10.5937/pip2002170v","url":null,"abstract":"","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"55 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":"116606353","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
Telework: Legal regime before and during the COVID-19 pandemic 远程办公:COVID-19大流行之前和期间的法律制度
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2103423d
Ilija Džamić
{"title":"Telework: Legal regime before and during the COVID-19 pandemic","authors":"Ilija Džamić","doi":"10.5937/pip2103423d","DOIUrl":"https://doi.org/10.5937/pip2103423d","url":null,"abstract":"With the onset of the industrial revolution in Europe performing work tasks by employees at the employer's premises became commonplace, both because of the needs of the process and organization of work and control of employees by the employer. Work from home, as a way of doing work outside the employer's premises, was almost abandoned. There was a slight increase in the number of workers teleworking at the end of the 20th century due to development of screen equipment, but a kind of revival of telework was experienced with the outbreak of the COVID-19. In such circumstances, telework is a way to preserve the source of income for workers. The paper analyses and critically discusses domestic and international standards of importance for the institute of telework, and the author presents proposals de lege ferenda to improve the mentioned area.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"4 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":"125168788","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
Law and software analysis: A step closer to resolving investment disputes through artificial intelligence? 法律与软件分析:人工智能离解决投资纠纷又近了一步?
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2102123g
Milena Galetin, A. Milovanović
{"title":"Law and software analysis: A step closer to resolving investment disputes through artificial intelligence?","authors":"Milena Galetin, A. Milovanović","doi":"10.5937/pip2102123g","DOIUrl":"https://doi.org/10.5937/pip2102123g","url":null,"abstract":"Considering the possibility of using artificial intelligence in resolving legal disputes is becoming increasingly popular. The authors examine whether soft ware analysis can be applied to resolve a specific issue in investment disputes - to determine the applicable law to the substance of the dispute and highlight the application of artificial intelligence in the area of law, especially in predicting the outcome of a dispute. The starting point is a sample of 50 arbitral awards and the results of previously conducted research. It has been confirmed that soft ware analysis can be useful in decision-making processes, but not to the extent that arbitrators could exclusively rely on it. On the other hand, the development of an algorithm that would predict applicable law for different legal issues required a much larger sample. We also believe that the existence of different legal and factual circumstances in each case, as well as the personality of the arbitrator and arbitral/judicial discretion are limitations of the application of artificial intelligence in this area.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"231 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":"122693712","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
On-line registration of companies in the Republic of Serbia 在线注册公司在塞尔维亚共和国
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2103305j
Tatjana Jevremović-Petrović
{"title":"On-line registration of companies in the Republic of Serbia","authors":"Tatjana Jevremović-Petrović","doi":"10.5937/pip2103305j","DOIUrl":"https://doi.org/10.5937/pip2103305j","url":null,"abstract":"In this paper author presents an overview of the procedure of electronic registration of the companies' formation in the Serbian law. This procedure was made possible for the first time in 2017 for the purpose of electronic registration of entrepreneurs, and shortly afterward the establishment of a single-member and multi-member limited liability company. The procedure is performed entirely electronically. It is possible to submit electronically the registration application for founding a company, as well as to electronically sign the application using a qualified electronic signature. The possibility of composing and submitting electronic or digitized documents and their electronic signing is also envisaged. Finally, electronic registration ends with the delivery of the registrar's decision in the electronic form to the registered e-mail address. The introduction of the electronic registration procedure, and then its wider and more efficient application, represents one of the important goals in further improvement in the efficiency of the procedure of establishing a company in Serbia. This procedure came to the fore during the Covid-19 pandemic, and the experiences from that period may be important in the further improvement of this procedure.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","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":"124344676","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
Forms of consumer protection 保护消费者的形式
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2103227v
Dragan Vujisić, M. Rapajić
{"title":"Forms of consumer protection","authors":"Dragan Vujisić, M. Rapajić","doi":"10.5937/pip2103227v","DOIUrl":"https://doi.org/10.5937/pip2103227v","url":null,"abstract":"The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"16 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":"127394638","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
Legal consequences of the disturbances in air traffic caused by the Covid-19 crisis Covid-19危机造成的空中交通混乱的法律后果
Pravo i privreda Pub Date : 1900-01-01 DOI: 10.5937/pip2104523j
S. Janković
{"title":"Legal consequences of the disturbances in air traffic caused by the Covid-19 crisis","authors":"S. Janković","doi":"10.5937/pip2104523j","DOIUrl":"https://doi.org/10.5937/pip2104523j","url":null,"abstract":"In the article, the author considers special legal regime of liability of an air carrier in the circumstances of the corona pandemic. Author is focused on the air traffic's disturbances which are, mainly, manifested in the cancellation of flight and, consequently, to the appropriate rights of passengers. Th e basic problem which is targeted by the author is the legal qualification of the corona crisis and, in short, deciding whether corona crisis has an attribute of force majeure. It has been derived a conclusion about corona crisis as some kind of social force majeure, especially having regard to state's measures of limiting of movement of people across the border. In order to make passengers rights in these circumstances more certain, the European Commission enacted the official interpretation of the several regulations which are dedicated to rights of passengers. Th e most important right in that official interpreted act is the right to reimbursement which in a concrete sense, means to return sum which passenger previously paid for a ticket.","PeriodicalId":306662,"journal":{"name":"Pravo i privreda","volume":"70 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":"120838170","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
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