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Desirability of Regulative Function of Judicial Power 论司法权调节功能的可取性
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-06-28 DOI: 10.51204/anali_pfbu_22204a
Goran Dajović
{"title":"Desirability of Regulative Function of Judicial Power","authors":"Goran Dajović","doi":"10.51204/anali_pfbu_22204a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22204a","url":null,"abstract":"The article presents the follow–up to a previous article which expounds the thesis that in all developed legal systems court judgments can be sources of general rules and standards that will constraint the courts, as decision–makers, and then, consequently, other legal subjects, even if they are not formally recognized as sources of law. In this article, the normative reasons in favor of performing the regulative function of the judiciary are first presented, with the most important ones being predictability and equality. It is then shown in which direction the regulative function could be performed by the judicial power of a typical continental system, if the judiciary, as a whole, accepts to perform it.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47534279","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
Nihil Obstat – Medieval Roaming оf Higher Education in Serbia Nihil Obstat——塞尔维亚高等教育的中世纪漫游
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-06-28 DOI: 10.51204/anali_pfbu_22208a
Milan Vukomanović
{"title":"Nihil Obstat – Medieval Roaming оf Higher Education in Serbia","authors":"Milan Vukomanović","doi":"10.51204/anali_pfbu_22208a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22208a","url":null,"abstract":"This work is an assessment of three topics considered in Dušan Rakitić’s article (Anali 1/2022). All three are relevant for the discussion of the disputed issue of the Holy Synod’s blessings for the appointment of theology professors at the University of Belgrade Faculty of Orthodox Theology: (a) legislation of the Kingdom of Yugoslavia; (b) the provisions of the 2006 Serbian Law on Churches and Religious Communities; (c) the constitutional principle of the cooperative separation of church and state in the Constitution of Serbia. Furthermore, the 2021 Law on Amendments to the Law on Higher Education is not in compliance with the Constitution of Serbia regarding the provisions implying the consent of church bodies for enrollment of students, employment and loss of appointment pertinent to the Faculty of Orthodox Theology.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43763664","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
Hutman of Serbian Medieval Law 塞尔维亚中世纪法律的胡特曼
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-06-28 DOI: 10.51204/anali_pfbu_22205a
Andreja Katančević
{"title":"Hutman of Serbian Medieval Law","authors":"Andreja Katančević","doi":"10.51204/anali_pfbu_22205a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22205a","url":null,"abstract":"The subject of the paper is the institute of hutman in Serbian medieval mining law. The first question to be answered is related to the extent of transplantation of the institute from Saxon customs to Serbian written law. The second aim is the definition of the competence of hutman and the way he was appointed. The results indicate the Despot Stefan’s Mining Code recognized two different institutes of hutman. The first was auxiliary service to urbarar, measuring and marking the land in the procedure of granting mining concessions and after breaking one mine into another, charging a fee. He was probably appointed by tax collectors. The second one is the supervisor of a mine, entitled to collect the payment from the owners of its shares, to record it and presumably to take care of correct conducting all kind of activities in the mine. Most likely he was employed by the shareholders of the mine partnership. The linguistic, systemic, and historical interpretation is applied as well as the comparative method and regressive analysis.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44063285","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 Aspects in Mauritius of Medical Procedures Performed Abroad 国外医疗程序在毛里求斯的法律问题
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-06-28 DOI: 10.51204/anali_pfbu_22209a
Goran Georgijević
{"title":"Legal Aspects in Mauritius of Medical Procedures Performed Abroad","authors":"Goran Georgijević","doi":"10.51204/anali_pfbu_22209a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22209a","url":null,"abstract":"There are several medical procedures that may be undergone by Mauritian citizens abroad where no harm is suffered by a patient, and yet, important legal questions may stem from them. The main examples of it are surrogacy medical procedures and medically assisted reproduction procedures performed abroad on a Mauritian citizen. The legal aspects of those types of medical procedures performed abroad, which could one day become legal issues before the Mauritian Supreme Court are analyzed in this paper.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41590326","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
A Few Thoughts about Competition Policy in Two-Sided Markets 关于双边市场竞争政策的几点思考
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-06-28 DOI: 10.51204/anali_pfbu_22202a
D. Trifunović
{"title":"A Few Thoughts about Competition Policy in Two-Sided Markets","authors":"D. Trifunović","doi":"10.51204/anali_pfbu_22202a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22202a","url":null,"abstract":"The paper reviews recent literature concerning two-sided markets or platforms. These markets are characterised by indirect externalities since the utility of users on one side of the market increases in the number of users on the other side of the market. There are many examples of two-sided markets, such as payment cards, newspapers, Internet advertising, search platforms for accommodations, software applications, etc. Competition policy has special features in two-sided markets, and the wisdom from standard markets may induce wrong decisions by competition authorities. Therefore, the paper discusses the definition of the relevant market in two-sided markets, when horizontal merger is beneficial to users, how predatory behaviour is defined, and other anti-competitive practices.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47531402","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 Right of the Parent to Return to its Country of Origin in the Light of the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on the Protection of Human Rights 根据《关于国际拐骗儿童的民事问题的海牙公约》和《欧洲保护人权公约》，父母返回原籍国的权利
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22105a
M. Stanivuković, Sanja Djajić
{"title":"The Right of the Parent to Return to its Country of Origin in the Light of the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on the Protection of Human Rights","authors":"M. Stanivuković, Sanja Djajić","doi":"10.51204/anali_pfbu_22105a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22105a","url":null,"abstract":"This article examines the right of return to the country of origin of a parent who has been granted the rights of custody over a child in the country in which that parent and the child temporarily reside. A legal obstacle to realization of the right of return of the parent to its country of origin exists in the Hague Convention on the Civil Aspects of International Child Abduction which is often applied mechanically and works to prevent the parent from relocating with the child.\u0000\u0000Case law of the European Court of Human Rights and the Constitutional Court of Serbia provides guidelines for interpretation of the Hague Abduction Convention in quite frequent situations when a parent who is a primary caregiver acts as an abductor. The standard of the best interest of the child can overcome the tension between the right of parent to return and the Hague Abduction Convention.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49061463","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
Socialist Banking: The Continuous Evolution of the Banking Sector in Yugoslavia (1944/45–1991/92) 社会主义银行业:南斯拉夫银行业的持续演变(1944/45-1991/92)
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22102a
S. Ilić
{"title":"Socialist Banking: The Continuous Evolution of the Banking Sector in Yugoslavia (1944/45–1991/92)","authors":"S. Ilić","doi":"10.51204/anali_pfbu_22102a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22102a","url":null,"abstract":"The article explores the influence of the ideological and political frameworks and changes in the physiognomy of social, economic and internal political relations, as well as the foreign policy orientation, on the structure of the banking sector in socialist Yugoslavia, The attempt is to determine the appearance and the important features of the banking sector, the sequence of reforms that marked this field of economic life in the second half of the 20th century, as well as the effectiveness of the observed changes. The overview is provided of the characteristics of the different phases that the Yugoslav banking system, starting with the development of the socialist banking system, planned organization and rigid centralization, through various phases of decentralization, central plan weakening and introduction of market elements, to the shaping (and reshaping) of the self-management banking system and its repercussions on the country’s economic unity.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46715493","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 Right of Shipwreck in Medieval Serbia 中世纪塞尔维亚的沉船权利
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22101a
Nebojša Porčić
{"title":"The Right of Shipwreck in Medieval Serbia","authors":"Nebojša Porčić","doi":"10.51204/anali_pfbu_22101a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22101a","url":null,"abstract":"The paper represents the first attempt to specifically and comprehensively explore the right of shipwreck (ius naufragii) in medieval Serbia. In the opening section, the wider comparative context is established through an overview of the presence of this legal custom in Europe and the Mediterranean during the ancient and medieval periods. This is followed by a discussion of the available information on its presence in Serbia, which spans the period from the early 14th to the mid-15th century and includes examples both of its exercise and of regulations by which it was abolished in regard to communities focused on maritime trade – Venice and Dubrovnik. The final section is dedicated to the examination of its status as a regal right of Serbian medieval rulers and the circumstances and mechanisms of its abolition regarding Venetian and Dubrovnik ships.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46678555","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 the Origin of Mandatory Blessing for the Election of Professors at Faculties of Theology – National and Comparative Perspective 论神学院教授选举强制祝福的渊源——国家与比较的视角
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22110a
Dušan S. Rakitić
{"title":"On the Origin of Mandatory Blessing for the Election of Professors at Faculties of Theology – National and Comparative Perspective","authors":"Dušan S. Rakitić","doi":"10.51204/anali_pfbu_22110a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22110a","url":null,"abstract":"Protection of nascent university autonomy, recognition of professor status and validity of acquired diplomas – all provided by the Church throughout history – were crucial for the development of universities during their early existence, at the time when they acquired their present reputation and influence. Denominational theology, based on the authority of higher education in modern society, has the capacity to exert dominant influence on the identity, doctrine and perception of a certain denomination, requiring the safeguarding of the church’s right to maintain such influence within the confines of its self-determination. Appointments of theology professors is an indispensable instrument for ensuring such a right. The right of self-determination of the church represents the framework within which university autonomy in the domain of denominational theological study may be exerted. Absence of the right of the church to influence appointment of theology professors would amount to the negation of its right to religious self-determination.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45485996","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
Analysis of the Implementation of the Law on Prevention of Domestic Violence 《防止家庭暴力法》实施情况分析
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22107a
D. Kolarić, S. Marković
{"title":"Analysis of the Implementation of the Law on Prevention of Domestic Violence","authors":"D. Kolarić, S. Marković","doi":"10.51204/anali_pfbu_22107a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22107a","url":null,"abstract":"In this paper we examine data related to the implementation of the Law on Prevention of Domestic Violence, between 2018 and 2020, provided by the Ministry of Interior of the Republic of Serbia, the Public Prosecutor’s Office, and the courts.\u0000\u0000The positive effects of the implementation of the Law on Prevention of Domestic Violence should be preventive – reducing incidents, reducing the number of crimes, raising awareness regarding the reporting of violence, better cooperation between state authorities in prevention and suppression of domestic violence, more consistent implementation of provisions of other laws directed at fighting domestic violence.\u0000\u0000It has been noted that the competent state authorities implement legal provisions unequally, which causes the victims of domestic violence not to have the same possibilities in exercising their right to protection. A key cause of this issue has been varying practices by competent authorities in fighting domestic violence.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41386349","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
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