Pravni Zapisi最新文献_第7页

The right to freedom of movement for medical treatment: A case of "reproductive tourism" in the EU 医疗行动自由的权利:欧盟"生育旅游"的一个案例

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-24031

J. Šimić

引用次数: 0

On waqf institution and waqfs property in the Principality of Serbia 1830-1878: Legal and historical frame 论1830-1878年塞尔维亚公国的waqf制度和waqf财产:法律和历史框架

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-20008

D. I. Kolaj-Ristanović

引用次数: 1

The practical consequences of supporting binary or continuum theory on development of corporate law in the European Union and in Serbia 支持二元或连续体理论对欧盟和塞尔维亚公司法发展的实际影响

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-21101

M. Mijatović

引用次数: 0

Discontinuance of arbitration proceedings under the ICSID rules 根据ICSID规则终止仲裁程序

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-23764

M. Stanivuković

引用次数: 0

Roma as victims of hate crimes: Contemporary context (the case of Italy) 罗姆人作为仇恨犯罪的受害者:当代背景(以意大利为例)

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-22012

Darko Dimovski, Z. Grujić, Miomira P. Kostić

引用次数: 0

Terms and conditions for the solemnization of real estate sales contract concluded in an out-of-court settlement procedure 庭外和解程序中订立的房地产买卖合同生效的条款和条件

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-20887

Vladimir Crnjanski

{"title":"Terms and conditions for the solemnization of real estate sales contract concluded in an out-of-court settlement procedure","authors":"Vladimir Crnjanski","doi":"10.5937/PRAVZAP0-20887","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-20887","url":null,"abstract":"Public notaries act as holders of public authority and are obliged to protect the interest of legal certainty. The requirement of legal certainty is stronger than any individual request, and the public notary, as a holder of public authority, must uphold this. The public interest represents the gravitational field of any public notary operation. The legal rules governing the procedure of denying a public notary act determine the public law nature of the notary public service in a substantive manner. When assessing the fulfillment of the conditions for the solemnization of a document in each proceeding, the notary public must strictly apply the provisions of the law that prescribe the grounds for denial of an official act. The out-of-court mortgage settlement procedure is carried out without the involvement of public authorities. Such a regulated procedure is outside the logic of the execution procedure, and the notary public is the only public law entity before which a real estate sales contract concluded in an out-of-court settlement procedure is submitted for solemnization. Therefore, from the point of view of the protection of legal certainty, his role as the controller of the legality of the previously conducted out-of-court mortgage settlement procedure is further emphasized when he assesses the fulfillment of the conditions for the solemnization of a real estate sales contract concluded in an out-of-court settlement procedure. One of the conditions for the solemnization of a real estate sales contract is also the absence of a reason for denial of an official act, which the notary public must strictly examine in accordance with the rules of the law governing the public notary activity. When assessing that the aforementioned condition is not fulfilled, the public notary is required to refuse the solemnization of such real estate sales contract concluded in the out-of-court settlement procedure.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71029717","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

Different concepts of strict liability: The draft common frame of reference and the principles of European Tort Law as role models for Serbian Law? 严格责任的不同概念:共同参考框架草案和欧洲侵权法原则对塞尔维亚法的借鉴作用?

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-23029

M. Sekulić

引用次数: 0

Availability of Orphan drugs: Basic legal issues of development and financing 孤儿药的可得性:发展和筹资的基本法律问题

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-20657

Sanja Stojković-Zlatanović

{"title":"Availability of Orphan drugs: Basic legal issues of development and financing","authors":"Sanja Stojković-Zlatanović","doi":"10.5937/PRAVZAP0-20657","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-20657","url":null,"abstract":"This paper critically analyzes the basic models for the development and financing of orphan drugs, i.e. medicines for the treatment of rare diseases, starting from the principle of equality in health care proclaimed within the framework of the World Health Organization and to the protection of the rights of vulnerable categories of the population as well. A comparative and normative method has been applied. On the basis of the regulations of the European Union and the national laws of the member states, the paper emphasizes the possible solutions for the development of domestic law in the context of ensuring access to patients and exercising the right to health care. The opinion of the European Court of Human Rights in the case of Nitecki v. Poland is, specifically, analyzed from the aspect of refunding the price of an orphan medicinal product and exercising the right to access to health care services for patients. The model of public-private partnership was identified as the most adequate one in the conditions of limited public resources, taking into account the interest of the state, and the need for expressing social responsibility considering the interest of the (pharmaceutical) companies. The model is based on the (bio)ethic principle of justice, conceptualized as assistance to those people who suffer from bad health condition and who are economically worse off.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71029664","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 offence of fraud in comparative legislation 比较立法中的欺诈罪

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-21123

V. Slavkovic

{"title":"The offence of fraud in comparative legislation","authors":"V. Slavkovic","doi":"10.5937/PRAVZAP0-21123","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-21123","url":null,"abstract":"The article is devoted to the research in the sphere of responsibility for the crime of fraud and comparative analysis of analogous provisions of several countries. The author analyzes theoretical views and norms which regulate that offence in the criminal law of Great Britain, USA, France, Germany, Spain and Netherlands. The conducted study indicates that considerable attention is paid to the committing of criminal offense, which is why the Anglo-American law is directed to analyzing several legal concepts that characterize fraud. Except the current legislation, it has been analyzed the term of fraud from the criminal and civil law aspect, as well as archival material containing for the first time the concept of \"false representation\". The other analyzed legislations place more emphasis on the circumstances under which the crime was committed, taking into account the social position, age and health status of the victim, as well as the characteristics of the property that is subject of the criminal offense. While Great Britain has devoted a general concept of fraud to a particular statute, the countries of the Euro-Continental legal system regulate fraud in the criminal code, which, except to the basic concept, also regulate special form of fraud as separate crimes.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71029906","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

City municipalities in the Republic of Serbia 塞尔维亚共和国的城市自治市

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-21197

Marija Pešović

引用次数: 2