Pravni Vjesnik最新文献

SINTAGME S FUNKCIONALNIM GLAGOLIMA KAO IZAZOV U PREVOĐENJU PRAVNIH TEKSTOVA S NJEMAČKOGA NA HRVATSKI JEZIK

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/25798

Ljubica Kordić, Borislav Marušić

{"title":"SINTAGME S FUNKCIONALNIM GLAGOLIMA KAO IZAZOV U PREVOĐENJU PRAVNIH TEKSTOVA S NJEMAČKOGA NA HRVATSKI JEZIK","authors":"Ljubica Kordić, Borislav Marušić","doi":"10.25234/pv/25798","DOIUrl":"https://doi.org/10.25234/pv/25798","url":null,"abstract":"The subject of research in this paper are constructions with function verbs in the German language of the legal profession (Funktionsverbgefüge – FVG) as a linguistic phenomenon that is culturally conditioned. The authors strive to prove that these structures represent a chal- lenge in understanding and translating legal texts from German into Croatian. As a complex structure whose verbal part has lost its original meaning, this construction often leads to mis- understanding and wrong translation of legal texts, which can lead to unwanted legal effects. This is well illustrated by the claim of our widely known legal translator Susan Šarčević: “Legal translation (...) leads to legal effects and may induce peace or prompt war.” The goal of this research is to shed light on the problems in understanding and translating such structures, to indicate to what extent the same structures are represented as their translation equivalents in the Croatian language, and which translation versions appear in Croatian as more stylistically acceptable solutions. The research corpus consists of examples of structures with functional verbs excerpted from the German Constitution (Grundgesetz) available on the website of the German Federal Ministry of Justice and their translation equivalents in the official transla- tion of that law in the Croatian language by Nina Sokol. The results of the research will widen knowledge in the field of legal language translation, and their practical value is in elucidating the difficulties in understanding legal texts in German that Croatian scientists and students in the field of law encounter in their research and scientific work, as well as court interpreters and translators who deal with legal texts in their professional work.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42845558","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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PRIKAZ KNJIGE: MEHMED BEĆIĆ, IZMEĐU ORIJENTA I OKCIDENTA: RECEPCIJA OPĆEG GRAĐANSKOG ZAKONIKA U BOSNI I HERCEGOVINI, PRAVNI FAKULTET UNIVERZITETA U SARAJEVU, SARAJEVO, 2022. 照片：MEHMED在后面，东方和OQIDENT的后面：BOSS和HERCEGOVIN的总警卫的接待，在萨拉埃沃萨拉埃夫的宇宙的正确事实，2022年。

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/26067

Mirza Hebib

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TROUBLED WATERS : CROATIAN SEASHORE AS RES EXTRA COMMERCIUM IN COMMERCIO 浑水:克罗地亚的海滨作为res extra commercium in commercio

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/25248

Nikol Žiha, Marko Sukačić

{"title":"TROUBLED WATERS : CROATIAN SEASHORE AS RES EXTRA COMMERCIUM IN COMMERCIO","authors":"Nikol Žiha, Marko Sukačić","doi":"10.25234/pv/25248","DOIUrl":"https://doi.org/10.25234/pv/25248","url":null,"abstract":"This paper seeks to examine the special legal nature of the Croatian seashore as a common good and the challenges of its commercial use. It was Roman law that first recognized the seashore as a thing that was res communes omnium – common property of all men under natural law. Roman jurist Marcian defined it as all air, running water, sea, and the seashore as far as the high-water mark. In Croatia, based on this Roman doctrine, the seashore is considered a maritime domain, the welfare of which is of interest to and under special protection of the state. Although maritime domain should not be presumed as a subject of ownership or commerce (extra commercium), due to numerous legal exemptions, its common good-character has become a point of contention.Contemporary legal solutions in Croatia (especially the Act on Ownership and Other Real Rights (Zakon o vlasništvu i drugim stvarnim pravima), the Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama), and the Concessions Act (Zakon o koncesijama)) grant exclusive rights to commercial exploitation of the maritime domain for up to 99 years, as well as provide for pledging or transferring of concession. In doing so, this paper reasons, the Croatian legal system has to a certain extent alienated the legal nature of the maritime domain and de facto created a new ‘quasi-real right’ on the common good.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43292329","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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BIBLIOMETRIC ANALYSIS OF LITERATURE ON REGIONAL DEVELOPMENT AND THE CENTER- PERIPHERY MODEL IN EUROPE 欧洲区域发展与中心-边缘模式文献计量分析

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/24839

Carlo Drago, K. Marošević, D. Paragano

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PRIKAZ KNJIGE: JAMES E. PENNER, „PROPERTY RIGHTS: A RE-EXAMINATION“, OXFORD LEGAL PHILOSOPHY, OXFORD UNIVERSITY PRESS, 2020. James e. penner:《产权:再考察》，牛津法律哲学，牛津大学出版社，2020年。

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/26680

Tomislav Nedić

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OBITELJSKOPRAVNA REGULACIJA CRESKO-OSORSKOG STATUTA IZ 1441. GODINE

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/25340

Višnja Lachner

{"title":"OBITELJSKOPRAVNA REGULACIJA CRESKO-OSORSKOG STATUTA IZ 1441. GODINE","authors":"Višnja Lachner","doi":"10.25234/pv/25340","DOIUrl":"https://doi.org/10.25234/pv/25340","url":null,"abstract":"The main aim of this research is the analysis of the provisions of the Cres-Osor Statute dealing with family law, with special regard to the regulation of marital property law. Although the Statute has been the subject of scientific discussions, a thorough analysis of the features of family law, that is, matrimonial property law has not yet been given. The paper will try to causally investigate the origin of certain institutes of family law. Consequently, the provi- sions of family law were analysed in detail, and compared with the corresponding solutions of other nearby communes, that is, the northern Adriatic islands and other Dalmatian legal systems. In addition, within the aforementioned analysis, the paper also deals with the posi- tion of women in processes that were of vital importance for a woman’s life, such as marriage, betrothal, dowry etc. In the end, the author comes to the conclusion that with regard to the fluid demarcation of the “Dalmatian” and “Kvarner” legal regions, the regulation of family and matrimonial property law in the Cres-Osor Statute reflects the influences of several legal sys- tems: Roman, Byzantine, Venetian, Lombard and Slavic law, which indicates the interaction of different legal cultures of varying intensity.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43242106","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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NAGODBA (PORAVNANJE) KAO POSEBNI INSTITUT UGOVORNOG PRAVA

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/24326

Oliver Radolović

{"title":"NAGODBA (PORAVNANJE) KAO POSEBNI INSTITUT UGOVORNOG PRAVA","authors":"Oliver Radolović","doi":"10.25234/pv/24326","DOIUrl":"https://doi.org/10.25234/pv/24326","url":null,"abstract":"For a long time the settlement was considered a “separate” institute of contract law in Croatian and comparative legal theory. Some authors considered it as a special contract (agree- ment), while others considered it just a change in the content of the existing contract. In addition, the institute of settlement was viewed as a strictly separate institute of contract law (settlement agreement, out-of-court settlement) and procedural law (court settlement). The subject of the paper is a presentation of classic legislative and doctrinal solutions to settlement agreements in civil and commercial law, an analysis of the institute of settlement in contract law through its essential characteristics and fundamental elements (dispute, un- certainty, mutual concession) and a comparison of the institute of settlement in contractual law and procedural law. The paper aims to subject to criticism and possibly revise three special paradigms related to the institute of settlement in contract law: 1. there are significant differences between out- of-court and court settlements that make them completely separate institutes, 2. the purpose of the settlement agreement should be the established principle of “taking at least a bit...” as opposed to the correct principle of “taking a little less but getting it immediately”, and 3. the settlement agreement is not merely a response given by natural and legal persons to the slow and inefficient courts, but quite the opposite – it assumes at least an average judicial efficiency indicating the response of the courts to certain legal issues. The results of the paper are answers to the theoretical and practical questions posed in this way, as well as a synthesis of solutions on the institute of settlement arrived at through the analysis of the Croatian and comparative law. In conclusion, the settlement institute can largely contribute to a faster and better general business operation.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44843462","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

PRIKAZ KNJIGE: BRANKA REŠETAR, KOMENTAR OBITELJSKOG ZAKONA (KNJIGA I.), ORGANIZATOR D.O.O., ZAGREB, 2022. 照片：BRANK RESETTER，家庭账户评论（第一册），组织者D.O.O.，ZAGREB，2022年。

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/26123

Matko Guštin

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QUESTIONING ANIMALS’ STATUS AS OBJECTS OF PROPERTY RIGHTS IN CROATIAN AND COMPARATIVE PROPERTY LAW 质疑动物在克罗地亚和比较物权法中作为产权客体的地位

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/25355

Tomislav Nedić, Dubravka Klasiček

{"title":"QUESTIONING ANIMALS’ STATUS AS OBJECTS OF PROPERTY RIGHTS IN CROATIAN AND COMPARATIVE PROPERTY LAW","authors":"Tomislav Nedić, Dubravka Klasiček","doi":"10.25234/pv/25355","DOIUrl":"https://doi.org/10.25234/pv/25355","url":null,"abstract":"The proper coexistence of humans and other members of the living world is one of the essential preconditions for forming the rule of law. Through the influence of the biocentric concept, under the auspices of bioethical and animal-ethical thinking, the legal regulation of humans and animals develops within the framework of animal law as a relatively new branch of law. One of the central topics within the mentioned legal branch is the discussion of animals as objects of property (proprietary) rights and, potentially, as holders of certain legal rights. The above represents a significant challenge to property law and the theoretical foundations of civil law, given that the Croatian Ownership and Other Proprietary Rights Act does not explicitly mention the status of an animal, but the status of an animal as a thing derives from the Croatian property law doctrine. The paper analytically, historically and comparatively examines the current legal status of animals as objects of property rights. Historical insight refers to the development of the paradigmatic position of animals as things established in Roman private law. Analytical elaboration of current property law statutory provisions and reflection of property law doctrine are placed in the comparative legal context of the civil law provisions of those countries that have recognized animals as non-things or as sentient beings.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69423711","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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FIDUCIJARNI PRENOS SVOJINE U SAVREMENOM HRVATSKOM I SRPSKOM PRAVU 他在NOW跨栏赛和春季赛中的表现

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Pravni Vjesnik Pub Date : 2023-07-01 DOI: 10.25234/pv/24905

Tamara Đurđić Milošević, Aleksandra Pavićević

{"title":"FIDUCIJARNI PRENOS SVOJINE U SAVREMENOM HRVATSKOM I SRPSKOM PRAVU","authors":"Tamara Đurđić Milošević, Aleksandra Pavićević","doi":"10.25234/pv/24905","DOIUrl":"https://doi.org/10.25234/pv/24905","url":null,"abstract":"The fiduciary transfer of property is a controversial institute of real law, dating back to Roman law, which has been revived and reshaped by modern practice. The institute, as a kind of conditional, content-limited property, has had its significant place in the Law on Property and Other Real Rights in Croatia for 25 years, as an atypical real guarantee that is functionally most similar to the right of lien. The subject of the paper is a comparative and axiological anal- ysis of this institute in positive Croatian law and its status in Serbian law, whose positive regu- lations do not regulate this institute, but whose introduction is proposed by one of the two le- gal drafts. Considering the situation in Serbian judicial practice, which has been vacillating for a long time regarding the issue of the permissibility of this institute, and in doctrine - which generally recognizes it, the author’s position is that this institute should be standardized in Serbian law de lege ferenda, for legal certainty, whereby the Croatian regulation represents a potential model. Hence, it is important to critically assess certain segments of this solution, starting with the question of origin, expediency, content, effect and legal nature. The final goal of the paper is to evaluate the adequacy of the compared solutions, as well as formulate proposals for regulating fiduciary property de lege ferenda, as part of the planned reform of the Serbian civil law, as well as of the harmonization of national solutions at regional level.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48173885","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