Zbornik Radova Pravni Fakultet u Novom Sadu最新文献

{"title":"Human dignity and bioethics","authors":"M. Marjanović","doi":"10.5937/zrpfns47-5217","DOIUrl":"https://doi.org/10.5937/zrpfns47-5217","url":null,"abstract":"By opening the field of bioethics followed a new wave of intense debate on the theological, philosophical and legal significance of the concept of human dignity . Exactly ten years ago (December 2003) American bioethicist Ruth Maclin has proposed to divest ourselves of the concept of human dignity because it is vague, useless and redundant and that, without any loss, we can replace it by the ethical principle of personal autonomy. Her article was followed by harsh reactions and opposite views. What is this term in so broad, almost inflationary and opposite use is not a reason to deprive him, but, on the contrary, it shows how important it is and that it should be determined at least outline. As universal values and general concept, the human dignity has no pre-defined and narrow, precise meaning. It is more an evaluation horizon, the guiding principle and regulatory ideas that must constantly define and codify by many guaranted human rights and fundamental freedoms. As generic notion of each reasonable law, it is their foundation and a common denominator, legitimising basis of natural but also of positive law. As intrinsic and static value which means the humaneness, the humanity it is absolute, inherent to every human being without distinction and conditioning, as a unique and unrepeatable creation. In this meaning, the dignity is the obligation and limitation of the state, society and each of us. As an ethical and dynamic category, it is not given to us, but it is assign to us, and it is not in us, but always before us, as a guide of our actions in accordance with virtues, to treat ourselves, each other and the nature in a human way. The century in which we live is named the century of molecular biology and genetic engineering because of the enormous potential but also risks to human dignity. Because of that human dignity has become a central principle in all international documents relating to the human genome, genetics and bioethics, adopted by UNESCO and the Council of Europe, at the turn of the century, as well as in other documents that refer to them. Human dignity is the paradigm of our time. For more than half a century, it structures the rule of law, it is a constituent of a modern democratic society, announces a new, partnership with nature and creates a new image of every man as a hero of our time.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"45-60"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/zrpfns47-5217","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226841","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":"On the burden of proof in civil procedure","authors":"K. Ranko","doi":"10.5937/ZRPFNS47-5120","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-5120","url":null,"abstract":"The appliance of burden of proof rules is conceived of assumption that evidences are taken and that court didn't reach the required degree of conviction of a particular fact, what implies limitation of application of these rules on proceedings in which the judgment is rendered after the plenary proceedings. The Code of Civil Procedure (CCP) has no suitable answers for the problems arising from new conception of the principle of party control of facts and means of proof in Serbian litigation legislature, by which the court has no more power to take the evidence ex offo. There is no answer to the question how should court conduct when evidence is not taken because of a lack of parties' indication of the means of proof. In this case courts practice somehow wider conception of burden of proof rules, which however has no explicit legal ground. They are applying them even though evidences are not taken. In any case it would be useful to reformulate basic rule of burden of proof in manner which would correspondent to the new conception of the principle of party presentation. The rule of burden of proof applies when the high degree of conviction of facts is demanded from the court, in order to render the judgment. Consequently this rule loses its' sense when mere probability of factual findings is demanded. The broader conception of parties' representation principle however does not liberate court from his responsibility to clarify facts that should be base for adjudication. Circumstance that CCP does mention the principle of material truth anymore should not be seen as argument for liberation of mentioned responsibility. It is still expected from the court to be active. Only when joint effort of the court and parties is left without of goal, in sense that court doesn't reach the high degree conviction, there would be ground for burden of proof rule's application. In this situation court also must justify why he couldn't reach required degree of conviction, i.e. he must give clear reasons for the cause of application of burden of proof rules. Thus the role of the court is not relieved, nor does the application of burden of proof provisions mean the liberation from the duty to evaluate the evidences and reasoning the impossibility of reaching the required degree of conviction. In the case when evidences are not taken at all the application of burden of proof rule could be only justified with the idea that else unacceptable results would arise - substantive legal protection and favoritism of the party who didn't make any effort to proof its factual allegations.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"75-94"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-5120","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226414","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 misrepresentation as a reason of rescission of contract","authors":"Popov Danica","doi":"10.5937/ZRPFNS47-5003","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-5003","url":null,"abstract":"Sometimes a person may enter into a contract as a result of a statement made to him which is false. If the statement is a term of the contract he will have a remedy for breach of contract. If the statement is not a term of the contract it is called a mere misrepresentation, and the consequence is rescission of contract. A misrepresentation is an untrue statement of fact which is one of the causes which induces the contract. A misrepresentation is statement, or conduct, which conveys a false or wrong impression. A contract may be rescined on the ground of misrepresentation even if innocent. An innocent misrepresentation is one made with reasonable ground for believing it to be true, as where an honest mistake is made. The types of misrepresentation are various. Acording to the Obligation Act it is not any misrepresentation cause the rescind of contract, but only the importance one. The importance misrepresentations are: the error in supstantia and error in personae if the contract is made bearing in mind intuit personae contract. This paper explanes different kinds of misrepresentation giving some proposal for legal interpretation of the provisions of the Obligation Act. The misrepresentation means an untrue statement of facts, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract. The person making the misrepresentation is called the representor, and the person whom it is made is the representee. A false of fraudulent misrepresentation is one made with knowledge of its falsehood, and intended to deceive. In the case of fraudulent misrepresentation representor did not honestly believe in the truth of his statement, which is not the same as saying that he knew it to be false. A negligent misrepresentation is one made with no reasonable grounds for believing in to be true. An innocent misrepresentation is one made with reasonable grounds for believing in to the true, as where an honest mistake is made. A fraudulent misrepresentation is actionable as a tort. When a person has been induced to enter into a contract by misrepresentation, he may in general either (1) affirm the contract and insist of the misrepresentation being made good, if that is possible, or (2) rescind the contract if it is still executory, and if all parties can be restored to their original positions, or (3) bring an action for damages, or (4) rely upon the misrepresentation as a defense to an action on the contract. A contract may be rescinded of the ground of misrepresentation even if innocent. Specific performance will not be decreed if a definite untrue representation has been relied on. It is clear that the claim for damages for fraudulent misrepresentation is a claim in tort. So the general governing rule is that the plaintiff should be restored to the position he would have been in if the representation had not been made. In the article is also analyzed comparative law related on misrepresentaton.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"107-122"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-5003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226362","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":"Patients in permanent vegetative state: Biomedical and constitutional questions","authors":"N. Rajić","doi":"10.5937/zrpfns47-5176","DOIUrl":"https://doi.org/10.5937/zrpfns47-5176","url":null,"abstract":"The issue of termination of life of patients in a permanent vegetative state redefines a traditional concepts and understanding of basic categories of human life, bringing the constitutional values into direct conflict. There is no clear position on the issue of stopping the procedure of artificial nutrition and hydration of patient in permanent vegetative state. Legal systems show differences in access of solving these problems, although, in principle, accept the possibility of denial of such a medical procedure. Discussion is still opened about issue does that kind of life maintain the minimum requirements of dignity and respect of personal integrity or not and is it more human let such life to be ended.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"375-386"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/zrpfns47-5176","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226604","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":"About ecofeminism: As a part of environmental ethics","authors":"D. Coric","doi":"10.5937/ZRPFNS47-5142","DOIUrl":"https://doi.org/10.5937/ZRPFNS47-5142","url":null,"abstract":"Women and nature are connected in many different ways : because of their biological status , reproductive status, discrimination by the ' strong '; even the ways in which women are victims of violence ( in any form ) and oppression is similar to the ways that the nature is victimized. Ecofeminism is an environmentally - ethical concept, that is not only trying to find the causes of the destruction of the environment and to ' treat ' the effects , but also tries to solve the problem that led to the cause. The representatives of ecofeminism think that changing positions and behaviors, ie. leaving the patriarchal approach to everything - can stop the degradation of the environment. The term of ecofeminism was first coined in 1974. Having in mind all conceptual wandering, binding this theory only for The Third World women ( and children) and their sacrifice within the modern system, we can conclude that ecofeminism can be very suitable to teach us to respect all the cycles of life, and not just only human life , and also can teach us how to 'celebrate all forms of diversity and to enrich the quality of life.' Feminist thought has brought a new view on ecological thinking and on traditional social and ethical perspectives. Only the abolition of domination over women , may revoke the domination and destruction of nature, since they are, in the view of some authors, homogeneous phenomenon.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"47 1","pages":"293-307"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS47-5142","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226523","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":"Sociological concept of morale","authors":"Marjanović Miloš","doi":"10.5937/ZRPFNS46-2799","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-2799","url":null,"abstract":"The author first discusses the overall unity of the total normative regulation, from which it is separated in the late Roman empire the right, but only in the new century and the morale. There are analyzed the relationship between the moral and ethical reflection and Weber's distinction between pure ethics will (Gesinnungsethik) and ethics of responsibility (Verantwortungsethik). The morale is determined by the good as the highest value, as a specific form of social norms but also as a kind of human behavior. These three definitions can be combined in an integrative approach. There are examined the dimensions of moral statements, subjective and objective side of morality, as well as the difference between morale and morality. A general notion of morale can not be defined in substantive but only in formal way . The formal definition is a constituent of general as well as of sociological concept of morale and it is related to morality as a social phenomenon. Its essence is to define the morale by specific norms, the characteristics of the internal and external mandatory (with the pricks of conscience as the most distinctive moral sanction and control exercised by the formal not institutionalized or diffuse society ), and in consideration of morality as a social process (actions of people associated moral norms ). The basic types of social moral process - being, education, functioning and changing of morale are described. There are briefly analyzed the influence of society to the morale and social function of morale, with special emphasis on the relationship between law and morale.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"55-67"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-2799","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226051","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":"Environmental ethics: Definition, history and ways of development","authors":"C. Dragana","doi":"10.5937/ZRPFNS46-1927","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-1927","url":null,"abstract":"Although we think that environmental ethics is something new to our world, and that it exists for past 20 or so years, the truth is much different. Debates about this issue last for few decades and first mentions about ecology and protection of the environment are known for a very long time, centuries ago. The environmental ethics was deprived, and not respected, although its significance for the well-being of all the humans is bigger every day. In this article, we give a short overview on some of the most prominent definitions, theories and ways of developing the environmental ethics.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"23 1","pages":"459-473"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-1927","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225397","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":"American model of a plea bargaining in criminal proceedings, with accent on some negative aspects","authors":"Feješ Ištvan","doi":"10.5937/ZRPFNS46-3048","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-3048","url":null,"abstract":"The author deals with the subject in this paper divided into introduction, five chapters and conclusion. In the introduction author gives a brief discussion on the possibilities and negative aspects of a settlement in a criminal proceeding. The first chapter deals with a brief history of origin 'plea bargaining' in judicial practice and legislation of United States. The second chapter deals with the issue of choice of form of procedure and types of settlement. The third chapter presents arguments which justify the plea bargaining. The fourth chapter is devoted to criticism of the plea bargaining. The fifth chapter deals with the evaluation of the settlement and the prospects for reform of the institute. In a brief conclusion the author raises concerns about the danger of an uncritical acceptance of the plea bargaining and its restoration in other legal systems. Author emphases that the acceptance of this institute is possible only with caution and adjustment to given legal system.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"119-143"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-3048","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225947","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":"Burden of proof in criminal and civil procedure","authors":"B. Snezana","doi":"10.5937/ZRPFNS46-1888","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-1888","url":null,"abstract":"In this paper the author presents the evolution of burden of proof in criminal and civil procedure. In civil procedural law there are the differences between the burden of proof in subjective, and that in objective sense. In criminal procedural law there are the differences between the burden of proof in formal, and that in material sense. The burden of proof in objective sense and the burden of proof in material sense is a specific working method available to court after the evidence procedure is carried out, when the use of free assessment of evidence method did not result in its conviction that a certain disputed legally relevant fact is true, which disables the court to form the factual substratum of the judgment. A particular attention is paid to the discussion of the principle in dubio pro reo and its differences from burden of proof in civil procedure.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"299-329"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-1888","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225778","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":"Various forms of corruption in the history of law","authors":"D. Natasa","doi":"10.5937/ZRPFNS46-1928","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-1928","url":null,"abstract":"The paper presents an attempt to give a modest contribution to a better understanding of this phenomenon or rather 'social evil' which cannot be observed outside the contexts of time and space. Various forms of corruption were present in the states of the ancient world, as well as in the Middle Ages and the new, contemporary era. The term corruption is usually interpreted as dishonesty, bribery, or fraud which implicates it as a socially harmful phenomenon that has been in existence since 'time immemorial'. Being a widespread sociopathological and criminogenic phenomenon, corruption still calls for attention of both professionals and the general public. With the passage of time, certain forms of corruption disappeared, but new ones have appeared, developed and been perfected. This was particularly encouraged by social, economic, and political changes, especially the depression and the ensuing ethical crisis which engulfed some societies. There have always been people in certain positions of power who would take advantage of their administrative and social functions in order to gain or increase personal wealth at the cost of causing damage to the public interest. Since easy ways of getting rich are almost invariably related to corruption, an old Chinese adage remains topical even today and people should be reminded of it more often. It says: The one who has made a fortune in one year should have been hanged twelve months ago.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"399-408"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-1928","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225441","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}