{"title":"Merodavno pravo za ugovor o distribuciji u međunarodnom privatnom pravu Srbije","authors":"Slavko Đorđević","doi":"10.46793/upk20.075dj","DOIUrl":"https://doi.org/10.46793/upk20.075dj","url":null,"abstract":"In this paper author analyses the conflict-of-law regime for cross-border distribution contracts in Serbian private international law. The study begins with the characterisation of distribution contract and its delimitation form other similar contracts in Serbian legal system, such as a sale contract, franchising contract and agency contract. It continues with the analysis of conflict-of-law rules of Serbian PIL Act which have to be applied to distribution contract, where the attention is given to the choice of law rule of Art. 19 of Serbian PIL Act and to the hard conflict-of law rule for innominate contracts contained in Art. 20 point 20 of Serbian PIL Act which may be derogated by special escape clause (Art. 20 sentence 1 of Serbian PIL Act). This hard conflict-of-law rule is heavily criticised because it deviates from the principle of characteristic performance which has been established in hard conflict- of-law rules of Art. 20 point 1-19 that apply to nominate contracts. Finally, author analyses the issue of determining applicable law for formal validity of distribution contract as well as the application of overriding mandatory rules which directly affect the cross-border distribution contracts.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"8 8 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":"114200205","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":"Izvanbračna zajednica u nasljednom pravu – komparativna analiza","authors":"Snežana Miladinović, Blanka Kačer","doi":"10.46793/upk20.763m","DOIUrl":"https://doi.org/10.46793/upk20.763m","url":null,"abstract":"The hereditary legal effect of an extramarital partnership is of exceptional and growing importance for the civil law sphere, but also for life in general. This legal institute is very complex, and even in one state different laws contain different definitions of the term extramarital partnership. Thereby, although on first sight it looks different, such approach has arguments which justify it. It is certainly important to note that, even in the case of similar social circumstances, the normative answer of the legislator is not necessarily identical. In this paper, the authors have made the comparative study of this legal institute and gave conclusions de lege lata and de lege ferenda. Despite the fact that data from several countries were used, the authors focused primarily on the three countries with similar recent history, one of which is the EU member (Republic of Croatia), and two of them are just applying for this status (Republic of Serbia, Republic of Montenegro).","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"149 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":"133047882","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":"Falsifikovanje lekova i medicinskih sredstava – opravdanost i karakteristike krivično-pravne reakcije","authors":"Snežana Soković","doi":"10.46793/upk20.741s","DOIUrl":"https://doi.org/10.46793/upk20.741s","url":null,"abstract":"In the activities of suppression of counterfeit medical products, the interests and interventions of various branches of private and public law, intellectual property law, medical law of the public health protection and criminal law, overlap. Considering that actions of suppression of counterfeit medicines are often reduced to protection of commercial interests and court procedure of determining the right to compensation, and less to protection of public health interests and procedure of criminal intervention, the paper discusses the legitimacy of criminal law measures in suppression of counterfeiting of medical products. The aim of the paper is to point to the role and mechanisms of criminal law in the global system of suppression of medical products counterfeiting, bearing in mind that last year the Republic of Serbia signed the CoE Convention on the counterfeiting of medical products and similar crimes involving threats to public health (MediCrime Convention). After analyzing the scope and consequences of counterfeiting of medical products and problems in suppression of this phenomenon, it is concluded that the legitimacy of criminal law intervention justifies the evident \"pandemic\" expansion of the market of counterfeit medicines and the almost complete lack of incrimination of counterfeiting of medicines in national legislation. The paper presents the system of criminal law measures established by the Convention and analyzes the relationship of substandard, unregistered and generic medicines in relation to the category of counterfeit medicines defined by the Convention.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"9 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":"116281341","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":"Značaj otvaranja poglavlja o finansijskim uslugama u cilju pristupanja Evropskoj uniji","authors":"Jovana Brašić Stojanović","doi":"10.46793/upk20.165bs","DOIUrl":"https://doi.org/10.46793/upk20.165bs","url":null,"abstract":"The harmonization of legislation with the acquis communautaire enables the achievement of financial stability, a greater degree of integration into European economic flows and, consequently, a higher level of protection of service users, which confirms the importance of opening the Chapter 9 on Financial Services to the Republic of Serbia. The field of financial services is comprehensive and includes legal rules on a range of issues relevant to the functioning of the financial market, indicating the complexity and the potential for numerous challenges to arise during negotiations. The Republic of Serbia has harmonized a big part of its legislation in the field of financial services with European Union regulation by adopting numerous reform laws and implementing directives, and after opening this chapter, it is expected, first of all, to intensify the process of their implementation, but also to upgrade the existing legal regulations and adopt new ones. The paper will present the importance of a stable financial environment, protect service users and strengthen investor confidence, as well as all the benefits of creating the preconditions for inclusion in the European Union's single market.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"21 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":"125942105","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":"Ugostiteljska delatnost","authors":"Dragan Vujisić","doi":"10.46793/upk20.239v","DOIUrl":"https://doi.org/10.46793/upk20.239v","url":null,"abstract":"In 2019, the Law on the Catering Industry was enacted in the Republic of Serbia. This law regulates the catering industry, which was the subject of the Law on Tourism before that. The subject of the catering industry is catering services, i.e. accommodation services, the services of preparation and serving food, drinks, and beverages, as well as the preparation and delivery of the food to the customers on some other place (other than the place where the catering business is located). The provider of these services is a caterer. A caterer is a commercial company, entrepreneur, while certain catering services may render a natural person. The catering services are to be provided in the catering facilities. Those are accommodation facilities (hotel, motel, camp, etc.), as well as facilities that (only) serve food, drinks, and beverages (bar, pizzeria, restaurant, etc.). The catering business may be conducted in the movable catering facilities, too. The catering business may be conducted throughout the entire year, seasonally and temporarily (fairs, trade fairs, markets, etc.). The catering facilities are assigned different categories, on the basis of the level of achieved quality standards. The paper particularly analyzes the catering services in the family household, in the countryside touristic households, as well as non-contractual obligations of the caterer.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"6 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":"126131505","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":"Mere borbe sa covid – 19 u svetlu srpskih propisa o suzbijanju epidemija","authors":"Nina Planojević","doi":"10.46793/upk20.797p","DOIUrl":"https://doi.org/10.46793/upk20.797p","url":null,"abstract":"The subject of the author’s review are four major legal acts passed in April 2020 and the measures they foresee for supressing the COVID-19 epidemics which interfere with constitutionally guaranteed human rights. They are: The decision on declaring the disease COVID-19 inflicted by SARS-CoV-2 virus an infectious disease The Decree on declaring the epidemics of the infectious disease COVID-19, The Decision on declaring the state of emergency, The Decree on measures taken during the state of emergency. The goal of the author’s analysis is to determine whether these acts and measures are in accordance with the Constitution, the Law on the protection of population from infectious diseases and other laws which regulate supressing of epidemics. The analysis of each of these four acts are presented as a separate part of the paper. In the conslusion, the author states that generally all these acts that Serbia passed to combat COVID–19 virus were legally based, with the note that the justification for introducing this scope of restrictive measures legal professionals could not formulate independently, but only in cooperation with medical professionals.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","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":"124661809","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":"ROMAN AND MODERN CONCEPT OF SLAVERY","authors":"Rose Dayanne Santos de Brito","doi":"10.46793/upk20.975s","DOIUrl":"https://doi.org/10.46793/upk20.975s","url":null,"abstract":"Roman law was accused of legitimizing slavery in ancient times and individualism in modernity. This article seeks to refute these anti-historical formulations. For this, it adopts the ontological difference between Celso’s Roman conception (law as the art of the good and the just) and Kelsen’s modern one (law as a set of norms). The distinctions between the legal regime of slavery in ancient society and modernity will be analyzed from an exercise of the history of law, based on the synchronic and diachronic method. Finally, Roman law appears as an instrument of criticism in order to confront legal institutes of private bourgeois law.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"43 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":"124938429","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":"Opšta pravila za osiguranje imovine","authors":"Zoran Miladinović","doi":"10.46793/upk20.199m","DOIUrl":"https://doi.org/10.46793/upk20.199m","url":null,"abstract":"The rules for property insurance are different from other insurance rules, especially from those regulating the insurance of persons. Compensation for incurred damage and interest to avoid damage are two basic principles of the property insurance. As for the first principle, the property insurance is calculated in an objective way meaning that the insurance claim cannot exceed the amount of the incurred damage. In the property insurance law this principle is known as the principle of indemnification. The other principle, the interest to avoid damage is the subjective principle in property insurance which assumes that the right to insurance is granted only to those persons whose material interest is to avoid damage. These two principles serve as the basis for establishing other general rules (characteristics) of property insurance which are discussed in this paper in details. In order to secure indemnification, the insured person’s has burden of proof to demonstrate that the damage is covered by the policy and specific risk. Double insurance and supplementary insurance are not permitted. In case of sub-insurance, damage claims are proportionally compensated. Cumulative claims (from the insurance company and from the person who caused the damage) are not permitted. Given the fact that the value of the insured property is expressed in monetary terms, and that the purpose of property insurance is the compensation of the damage incurred, the insured value, therefore, is not the important part of the insurance contract and may be omitted. The application of the mentioned insurance rules gives full meaning to the protection of the insured property since by concluding an insurance contract and paying the premium, as the price of service offered by insurance company, the insured person is protected from adverse consequences of property damage.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"88 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":"125071067","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":"Diskriminacija Roma pružanjem usluga društvnih mreža","authors":"Radoje Brković, Velisav Marković","doi":"10.46793/upk20.727b","DOIUrl":"https://doi.org/10.46793/upk20.727b","url":null,"abstract":"Discrimination, together with poverty, is a major obstacle to the social inclusion of Roma people. When it comes to areas where discrimination is potentially committed, the most complaints are within the range of violations of the dignity of the person, or insult, threat or similar behavior that characterizes the person's verbal endangerment. Hate speech – making public statements that contains messages of hate or intolerance against a racial, national, ethnic, religious, sexual, or other social group or its members is often expressed on social networks. The authors present the legal basis for the protection of Roma people against discrimination, possible acts of discrimination on social networks, discuss the relationship between hate speech and free speech and the possible responsibility of social networks.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"6 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":"133841857","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":"Stvaranje etičkih kodeksa","authors":"D. Coric","doi":"10.46793/upk20.911c","DOIUrl":"https://doi.org/10.46793/upk20.911c","url":null,"abstract":"Creating legal acts is sometimes a time-consuming and painstaking process. To approach this process, the norm-maker is required to have a good knowledge of law, as well as other social sciences, such as politics, economics, sociology, and linguistics. Knowledge of psychology is also often important, because of the psychological effects that a norm might have on on the addressee - whether it will motivate them to respect it or to disobedience. The process of creating a legal act is therefore a sum of different action steps, starting with numerous preparatory actions and even acquiring new knowledge to write the act well, until the final linguistic formulation. As a special type of acts, the creation of which is given special attention , there are the codes of ethics of various professionals, of professional associations as well as of employees in state bodies and other institutions and organizations Their specificity rests on the prior special recognition and formulation of values that this group of professionals should follow. Compliance with these rules should come not only from the fear of applying a sanction, but from recognizing those values as their own, as it is the only way for a profession to be pursued. In our work we are dealing with the process of creating these codes, defining values and achieving the consent of professionals that these values are their way and way of performing their profession.","PeriodicalId":395751,"journal":{"name":"USLUGE i prava korisnika","volume":"6 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":"121692304","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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