发布求助
文献互助 智能选刊 最新文献

Glasnik Advokatske komore Vojvodine最新文献

筛选
英文 中文
Nullity as a prerequisite of contract conversion 无效是合同转换的先决条件
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-27908
Dražen Mijanović
{"title":"Nullity as a prerequisite of contract conversion","authors":"Dražen Mijanović","doi":"10.5937/gakv93-27908","DOIUrl":"https://doi.org/10.5937/gakv93-27908","url":null,"abstract":"Although it has been legally recognized since 1978, the conversion (lat. Conversio - conversion) of contracts is one of the institutes to which no deserved attention has been paid in domestic theory. In textbooks that cover the general part of civil law, and those used for teaching the law of obligations, this institute is, with certain exceptions, presented rather briefly - usually, beside the legal definition, we find only the field of application and examples of conversion. We were unable to find monographs on the subject of conversion. On the other hand, in foreign literature, mostly German and Italian, we find a large number of monographs on the topic of conversion. The subject of this paper is one part of the norm that prescribes the conversion of a contract, and that is the nullity of a contract, which is provided as a precondition for the application of the institute. The scope of application of conversion seems to be precisely and clearly defined, especially having in mind the text and the place of the norm within the Law Contracts and Torts, and in this paper we will see if that is actually the case. In the search for the answer, we also used the comparative legal method. The area of application of conversion was considered - and we did not limit ourselves only to null and void contracts, but we considered the possibility of its application to non-existent, null and void, voidable contracts, then to partially null and void contracts, but also to valid contracts. Within null and void contracts, special attention is paid to those illegal and immoral, and within non-existent ones - to a simulated contract.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223004","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 relationship between lis pendens and exclusive international jurisdiction based on a choice of court agreement in the law of the Hague Conference and Bosnia and Herzegovina 未决案件与海牙会议和波斯尼亚-黑塞哥维那法律中基于选择法院协定的专属国际管辖权之间的关系
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28341
A. Poljić
{"title":"The relationship between lis pendens and exclusive international jurisdiction based on a choice of court agreement in the law of the Hague Conference and Bosnia and Herzegovina","authors":"A. Poljić","doi":"10.5937/gakv93-28341","DOIUrl":"https://doi.org/10.5937/gakv93-28341","url":null,"abstract":"The subject of the paper refers to the analysis of the exercise of the will of the contracting parties regarding the jurisdiction of the court in the law of the Hague Conference and Bosnia and Herzegovina. The exercise of the will of the contracting parties may be limited by the institute of lis pendens, which makes it impossible to conduct two proceedings between the same parties simultaneously for the same claim based on the same facts, giving priority to the first one, regardless of agreed-upon international jurisdiction. By agreeing on the jurisdiction, the contracting parties decide which court will resolve their dispute, which is extremely important for them. Based on the analysis of the Hague Convention on Choice of Court Agreements, it is concluded that preference is given to proceedings before the chosen court, with certain exceptions when the agreement of the parties will not apply. The law of Bosnia and Herzegovina applies the rules of lis pendens which may prevent the application of the agreement of the parties.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223062","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
(Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020 (二)2019年和2020年最高法院判例法刑事诉讼中的法律证据
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-30914
M. Pisarić
{"title":"(Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020","authors":"M. Pisarić","doi":"10.5937/gakv93-30914","DOIUrl":"https://doi.org/10.5937/gakv93-30914","url":null,"abstract":"The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222909","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
Expanding the scope of claims falling under the one-year Statute of limitations 扩大一年诉讼时效范围
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-32715
Dejan Pilipović
{"title":"Expanding the scope of claims falling under the one-year Statute of limitations","authors":"Dejan Pilipović","doi":"10.5937/gakv93-32715","DOIUrl":"https://doi.org/10.5937/gakv93-32715","url":null,"abstract":"This paper analyses the possibility of an analogous application of Art. 378 of the Law of Contract and Torts (LCT) to other similar (identical) claims. The aim of the research is to try to answer the central question of whether it is necessary to update the provisions of the LCT regarding the one-year Statute of limitations in accordance with modern trends in terms of the scope of claims that should become Statute-barred within this period. In order to answer this question, scientific research methods, that is, techniques are used, such as the dogmatic-normative, historical-legal, and comparative-legal one, content analysis and a questionnaire. This apparatus is used within the study of legislation, case law and legal literature, as well as in empirical research. Knowing the scope of claims that become Statute-barred in a year is not only important for theoretical analysis, but is also of practical importance for court actions , as well as for consumers.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222967","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
The violation of the trademark right caused by signing a retail sales agreement over the internet 通过网络签订零售协议造成的商标权侵犯
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28477
Nikola Milosavljević
{"title":"The violation of the trademark right caused by signing a retail sales agreement over the internet","authors":"Nikola Milosavljević","doi":"10.5937/gakv93-28477","DOIUrl":"https://doi.org/10.5937/gakv93-28477","url":null,"abstract":"The global development of electronic commerce is currently leading to extensive intellectual property rights violations. In this paper, the author has analyzed the definition of the internet retail contract and the place where it is concluded, as the possible area where the trademark infringement happens. Furthermore, there is an overview of electronic sales trademark infringements, as well as the solutions attempted. In the end, the author presents his opinion on methods that should be used in order to protect trademarks in electronic commerce, taking into account the interests of all market participants.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223103","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 development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 发展《欧洲保护人权和基本自由公约》第12条所保障的对结婚权利的保护
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29472
J. Vojvodić
{"title":"The development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms","authors":"J. Vojvodić","doi":"10.5937/gakv93-29472","DOIUrl":"https://doi.org/10.5937/gakv93-29472","url":null,"abstract":"Starting from the 21st century, the European Court of Human Rights has changed the approach regarding the interpretation of the right to marry protected under Article 12 of the European Convention on Human Rights. The new liberal attitude towards the content of this right has opened up opportunities for new categories of persons to enter into marriage and start a family. The question arises whether the European Court of Human Rights will continue with this trend of interpretation and what consequences that could cause for the international understanding of marriage and family.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223207","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 rule of law in international law and its application in practice 国际法中的法治及其在实践中的应用
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29488
Stefan Dugajlić
{"title":"The rule of law in international law and its application in practice","authors":"Stefan Dugajlić","doi":"10.5937/gakv93-29488","DOIUrl":"https://doi.org/10.5937/gakv93-29488","url":null,"abstract":"The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules - regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223266","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
Analysing the legal aspect of freedom of expression within the framework of political discourse: The current situation in legislature and judicial practice in the Republic of Serbia 分析政治话语框架内言论自由的法律方面:塞尔维亚共和国立法和司法实践的现状
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29552
A. Stevanovic
{"title":"Analysing the legal aspect of freedom of expression within the framework of political discourse: The current situation in legislature and judicial practice in the Republic of Serbia","authors":"A. Stevanovic","doi":"10.5937/gakv93-29552","DOIUrl":"https://doi.org/10.5937/gakv93-29552","url":null,"abstract":"In this paper, the author considers the importance of the right to freedom of expression with specific reference to political speech, which is undoubtedly an important precondition for the establishment of democratic institutions. Free political speech encourages a well-informed and politically sophisticated citizenry to take part in political life. Thus, political speech has a privileged position in terms of legal protection. However, in some cases, the limits of freedom of expression can come into questions, as well as the scope of political speech. It is a well-established stance that politicians need to tolerate a greater degree of criticism due to their positions. Nevertheless, they also need to be protected when it comes to the endangerment of their personal rights, beyond justified political discussion.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222884","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
Legal inheritance mechanisms for the protection a decedent's family members in Czech law 捷克法律中保护被继承人家庭成员的法定继承机制
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28280
Ivan Đokić
{"title":"Legal inheritance mechanisms for the protection a decedent's family members in Czech law","authors":"Ivan Đokić","doi":"10.5937/gakv93-28280","DOIUrl":"https://doi.org/10.5937/gakv93-28280","url":null,"abstract":"The subject of the author's attention in this paper are certain regulations regarding legal inheritance in Czech law. We will try to give insight into inheritance mechanisms that are meant to protect the family members of a decedent, both through the prism of those regulations and that of Czech legal literature and the position of the highest court of the Czech Republic. We will pay special attention to the hereditary position of those subjects to which the decedent provided subsistence during his life and those persons who lived in a joint household with the decedent.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223053","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 shortcomings of the plea agreement 辩诉协议的缺点
Glasnik Advokatske komore Vojvodine Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29451
D. Milošević
{"title":"On the shortcomings of the plea agreement","authors":"D. Milošević","doi":"10.5937/gakv93-29451","DOIUrl":"https://doi.org/10.5937/gakv93-29451","url":null,"abstract":"The plea agreement is an institute of criminal procedure law that was introduced into the Criminal Procedure Code in 2011 as one of three agreements that can be concluded by the public prosecutor and the defendant. The author points out the shortcomings of the agreement in terms of the absence of a prescribed penalty as a condition for concluding an agreement, determining the sentence without presenting evidence, with an emphasis on extenuating and aggravating circumstances, and provides suggestions on how to prevent or eliminate problems that could occur in praxis by applying valid legal solutions. In order to obtain answers to some of the above questions, a research questionnaire was created on the basis of which the author collected data from a court and public prosecutor's office in order to prove the presented hypotheses. From the methodological aspect, in addition to documentary analysis, the comparative and historical method, prediction strategy and the medium-scale method were used for the purpose of the research.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223188","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
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信