{"title":"The application of probability analysis in evidence evaluation","authors":"I. Feješ","doi":"10.5937/ZRPFNS48-6764","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-6764","url":null,"abstract":"The paper is divided into three larger parts. In the introductory part the author reminds us that the application of mathematics to assess the evidence is not a substantially new idea. Inquisition procedures prescribed the legal assessment of evidence that consisted of primitive mechanical adding and subtracting the available evidence. However, modern mathematical methods that can be used for assessing evidence are far more sophisticated, and are based on probability analysis and computer technology. In the second part the paper deals with some possibilities of applying the probability analysis to evaluate evidence. It particularly tackles the potential of the Bayes' theorem of conditional probability in evidence assessment. The third part is the conclusion in which the author emphasizes that scientific progress is extremely fast and that mathematics will enter even more into courtrooms and thus progressively increase the exact elements of the now primarily subjective process of evidence evaluation. It particularly emphasizes the advantages of Bayesian analysis, but it warns that the results of this method are only one' mathematical truth', and that interpretation is the key.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"23 1","pages":"173-192"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS48-6764","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226454","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}
{"title":"The legal framework of the EU towards public-private partnerships","authors":"V. Vasiljev","doi":"10.5937/ZRPFNS48-7359","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-7359","url":null,"abstract":"","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"48 1","pages":"441-457"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71227199","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}
{"title":"Protection of media pluralism in the republic of Serbia under the new legislation","authors":"I. Rakić","doi":"10.5937/ZRPFNS48-7356","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-7356","url":null,"abstract":"This paper provides a short review of the provisions of the Law on Public Information and Media and Law on Electronic Media, concerning to the protection of media pluralism and media concentrations. The author points out that these rules focus on better protection of media pluralism and on providing greater transparency of media ownership, because the major changes introduced by the laws are the media register and new, more detailed regulated, media concentration regime. Therefore, the new laws establish the modern regulatory framework of the Republic of Serbia in the area of media concentration, which represent a solid basis for further development of media pluralism.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"48 1","pages":"337-349"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS48-7356","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226570","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}
{"title":"The precautionary principle in international environmental law and international jurisprudence","authors":"Bojan N. Tubić","doi":"10.5937/ZRPFNS48-6745","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-6745","url":null,"abstract":"This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"48 1","pages":"367-384"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS48-6745","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226437","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}
{"title":"Human dignity as a social and legal value","authors":"Marjanović Miloš","doi":"10.5937/ZRPFNS47-4945","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-4945","url":null,"abstract":"The author review almost inflationary and vague use of the concept human dignity. It is more regulatory principle, than general notion with standardized meaning. Its philosophical, theological, legal and bioethical dimensions are emphasized. The principle of human dignity is constitutive not only for the moral but also for modern society, the foundation of both natural and positive law, as well as the center of the bioethical debate. Versus its earlier aristocratic use, in this article are analyzed his philosophical meanings as humanity , especially the human, reasonable, free self-determination of man ( Cicero, Aquinas , Mirandola, Kant ) and democratic foundational meanings in many international documents and constitutions of some countries in which are occasionally in their very beginning. There are investigated its internal and outer dimensions (natural and social conditions). Legal guarantees for the human rights are essential for the realization of human dignity, but the constraint inherent to the law may jeopardize it as a legal value. The right to a sentence can be seen as a restoration of human dignity. There are a natural dignity, equal for all people, and social dignity, in which are still visible differences and inequalities. In the ecological and bioethical debates, appear critiques of the concept of human dignity as an anthropocentric value. Some authors began to speak about the dignity of all Created, the dignity of nature and law of nature. As a new paradigm, the dignity structures to qualitative different way our view of the world - state and law, all society, but also of man and nature.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"95-105"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-4945","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226656","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}
{"title":"Mount Athos: Between autonomy and statehood","authors":"A. Dragutin","doi":"10.5937/ZRPFNS47-4130","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-4130","url":null,"abstract":"Legal status of the Mount Athos is characterized by many special features that make it internationally unique legal regime. The author analyzes peculiarities of Mount Athos territorial status, legal position of residents and visitors, as well as organization of Mount Athos authorities. The author concludes that the Mount Athos is characterized by a kind of para-sovereignty. Its autonomy involves not only the internal organization, autonomous governance and religious autonomy, but it also includes many elements of secular life of their visitors. Mount Athos has its own, separate legislative, administrative and judicial powers, while the Statute of the Mount Athos has greater legal force than all the other laws of the Greek state, because the state can not unilaterally change its provisions. Having in mind that the wide self-government is vested in church authorities and that the monks have very specific way of living, the author takes a position that the Mount Athos represent 'monastic state', but without statehood. The author also states that the Mount Athos will be faced with many challenges in the context of spreading of an assimilating, universal conception of human rights.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"431-447"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-4130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226198","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}
{"title":"Elements for regulating surrogacy arrangements with cross-border effects","authors":"Bernadet Bordaš","doi":"10.5937/ZRPFNS47-5134","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-5134","url":null,"abstract":"Numerous cases of international surrogacy arrangements and their legal effects in different national legal frameworks have caused a need to weigh the possibility and necessity of regulating the issue on international level. The Hague Conference on Private International Law has been since 2011 involved in preliminary research activities of the issue, on the basis of which it will submit a final report in 2014 on the state of play and on the need to start drafting an international instrument. During the past three years two preliminary reports and four questionnaires have been submitted. Questionnaire 1 have been sent to the member states of the Conference and to other interested countries to collect data on crucial issues of surrogacy and its legal regulation in national legislations. Serbian law de lege lata prohibits surrogacy arrangements, but the 2011 Draft Civil Code introduces it to the domestic legal system as a tool of biomedically assisted fertilization. The present paper suggests that the regulation of surrogacy must also include surrogacy arrangements with cross-border effects for the sake of comprehensiveness of the future legal act on the issue. For this purpose, the paper indicates - based on the preliminary research conducted by the Hague Conference on Private International Law - those elements that should be included in future legislation of Serbia.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"81-100"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-5134","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226462","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}
{"title":"Problems of causation in Aquilian's casuistry","authors":"M. Bogunovic","doi":"10.5937/ZRPFNS47-4147","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-4147","url":null,"abstract":"Roman lawyers interpreted causation in a very specific way, without any abstractions or generalisations, existence or non-existence of causation was established in each particular case ( ad hoc). They did not establish the existence of the causation between an act of a tortfeasor and a harmful result, but causation had to exist between the culpa of the tortfeasor and the result. Initially, it was necessary for the causation to be direct, made with active doing body to body (damnum corpori corpore datum). With the time, the narrow understanding of causation was overcome and indirect causation started to be appreciated, while the human behavior could exclusively be omissive. Aquilian's casuistry is very rich with the cases of problematic causation. Meanwhile, these elementary rules for resolving a particular case in practice proved insufficient and incomplete, since unique life circumstances had created a need for a more complex view of causation.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"437-447"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-4147","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226809","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}
{"title":"Position of woman according to 19th century Montenegrin marital law","authors":"M. Kulauzov","doi":"10.5937/ZRPFNS47-5159","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-5159","url":null,"abstract":"Legal position of woman in 19th century Montenegrin marital law is examined in this paper. Provisions on entering into marriage, woman's marital infidelity, legal separation, dissolution of marriage and its legal effects as well as widow's property rights are scrutinized and critically analyzed. The author also indicates to rules of customary law regarding legal status of a married woman. Married woman had restricted legal capacity, as well as restricted property rights and no rights of succession. However, gender inequality common in patriarchal society such as Montenegrin in 19th century is particularly accentuated in case of marital infidelity. Only woman's adultery is punishable and regarded as a serious crime. Beside marital infidelity, lower position of woman is noticeable in all aspects of married life. Hence, legislative attempts to improve woman's legal status are emphasized in the article.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"229-238"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-5159","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226549","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}
{"title":"Evolution of adoption from Roman law to modern law","authors":"K. Tanja, I. Marija","doi":"10.5937/ZRPFNS47-4768","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-4768","url":null,"abstract":"The work is dedicated to the evolution of adoption practice from ancient Roman law to modern law. Adoption represents ancient social and legal practice which has during time changed manifestations and the causes it served. Adoption in ancient Rome served the interests of pater familias without biological posterity. Adoption practice benefited the continuance of families and the family cult of adopters, whose family lines, with no natural posterity, were threatened to become extinct. After the stagnation in the feudal epoch, adoption was reaffirmed in the bourgeois law. Civil codes in European countries, whose legal systems were built on the foundations of the ancient Roman legal tradition, originally favoured the interests of individuals with no biological children, who were granted to extend their families by adopting, and hence transfer their assets on the obtained heirs. After the wars in the 20th century, which led to a rapid increase in the number of parentless children, the concept of adoption was radically changed, so that since that time the adoption has primarily served the interests of the adopted children and the care for them in the adoptive families. Adoption becomes a form of a social, legal family protection of children without adequate parental care, and that is the most desirable form to provide for children, for the adoptee completely integrates with the adoptive family and takes the right of the born child, where the family environment provides and encourages the optimal mental and physical development of the child.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"163-184"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-4768","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226646","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}
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