Pravo - teorija i praksa

EXPROPRIATION ISSUES THROUGH THE PRISM OF LIMITATIONS OF CONSTITUTIONAL GUARANTEES OF PROPERTY RIGHTS IN THE LEGAL SYSTEM OF THE REPUBLIC OF CROATIA

2025-01-04T17:51:12+01:00

Although the institution of expropriation is known in all contemporary legal systems, it should be observed through the lens of limitations on the constitutional guarantee of property rights. This is especially important since the inviolability of property is one of the highest values of the Croatian constitutional order, which in itself serves as a criterion for interpreting the Constitution of the Republic of Croatia. Therefore, the focus of this paper is on the theoretical definition and normative framework of expropriation through the analysis of relevant constitutional and legal provisions, with particular attention given to the jurisprudence of the Constitutional Court of the Republic of Croatia. Finally, the paper addresses several contentious issues regarding the legal regulation of expropriation in Croatia, as well as the need for specific solutions de lege lata and de lege ferenda.

SHAPING A DIGITAL FUTURE THAT SAFEGUARDS HUMAN RIGHTS – GENERATIONAL PERSPECTIVES FROM SERBIA

2025-02-10T21:14:08+01:00

This paper aims to explore the impact of digital transformation on human rights and security protection in the age of modern technologies, as well as to support policymakers in designing a rights-oriented and human-centric digital transformation. This challenge prompted the authors to examine relevant literature and analyze current policies and measures aimed at enhancing proactive strategies. To this end, an online empirical survey was conducted with 132 participants (ages 18-65+) from Serbia during the last quarter of 2024. The research findings support the hypothesis that the relationship between human rights and technological development is highly significant. The results emphasize privacy as the foundation of digital rights, focusing on the ethics of data usage and the protection of individuals’ rights to freely express opinions and ideas online. Bridging the digital divide is crucial to ensure that technological advancements benefit all individuals equitably. Promoting access to digital literacy and education is essential for enabling individuals to effectively engage in discussions about these issues in the context of modern technologies. Furthermore, the effective protection of human rights requires coordinated efforts from policymakers, decision-makers, and institutional stakeholders to establish a framework that upholds justice, equality, and dignity in the digital era, as highlighted by the findings of this paper.

MERGERS AND ACQUISITIONS IN THE BANKING SECTOR OF THE REPUBLIC OF SERBIA

2025-01-20T12:48:03+01:00

As a form of foreign direct investment, mergers and acquisitions have become an important form of cross-border investment in developing and transition countries since the last century. For a country to attract such investments, it must meet specific conditions, including political stability and favorable macroeconomic indicators. Following a period of political instability and economic crisis, Serbia has once again become an attractive destination for foreign investments, including mergers and acquisitions. This paper uses a qualitative methodology to analyze the trends and value of mergers and acquisitions in Serbia in the 21st century, with a particular focus on the banking sector. The aim of the paper is to show how mergers and acquisitions have shaped the banking sector in Serbia and to identify the key factors that have influenced these processes.

REGULATORY ASPECTS OF THE CONTROL OF DIETARY SUPPLEMENTS IN THE REPUBLIC OF SERBIA

2025-01-20T12:38:39+01:00

The modern way of life often involves supplementing the diet with dietary supplements. By using them, we introduce additional vitamins, minerals, probiotics, and other substances with nutritional or physiological effects. These supplements are applied in dosage forms, and their safe use requires consistent adherence to regulatory requirements. Aspects of the control of dietary products include guidelines for production conditions, as well as physico-chemical and microbiological testing. Due to the specificity and widespread use of these products, the analysis requirements for product registration, as well as for product controls during the registration period, should be detailed, but also described in a way that enables their practical implementation. Regulatory aspects of statutory and mandatory requirements often differ in Europe, the USA, China, etc. This paper discusses the requirements of domestic regulations and proposals for their additions or corrections.

OUT-OF-COURT MORTGAGE SETTLEMENT PROCEDURE IN THE LIGHT OF EU LAW AND THE LEGISLATION OF THE USA, ENGLAND, GERMANY AND THE CZECH REPUBLIC

2025-02-22T18:20:11+01:00

The out-of-court settlement procedure for claims in European continental civil law presents a challenging area of study, both from a doctrinal perspective and in terms of its normative foundation. Therefore, its characteristics are analyzed within the context of EU law, with special attention to the legislation of Germany and the Czech Republic, as well as the legal frameworks of the USA and England. However, the primary focus of this paper is on the out-of-court procedure for the settlement of mortgage-secured claims in the Republic of Serbia, which is examined in light of the relevant provisions of Directive 2014/17/EU of the European Parliament and the Council of February 4, 2014, on credit agreements for consumers relating to residential immovable property (Mortgage Credit Directive 2014/17). While the directive contains numerous provisions, this paper will focus only on those aspects of the Mortgage Credit Directive 2014/17 that are significant for improving certain de lege lata legal rules governing the Serbian out-of-court mortgage settlement procedure. The research employs dogmatic legal and comparative legal methods. The main objective of this paper is to evaluate future legal amendments in the context of the corresponding provisions of the Mortgage Credit Directive 2014/17.

INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE

2025-02-10T22:24:06+01:00

International jurisdiction, as a special type of jurisdiction exercised by national courts or other bodies to resolve private law disputes with a foreign element, is activated whenever a relevant foreign element exists in the dispute. This foreign element may either define the civil or commercial law relationship or link the dispute to a state, or several states, other than the state of the court. Issues related to international jurisdiction fall under the domain of international civil procedural law, and the applicable procedural rules are outlined in the Law on the Resolution of Conflicts of Laws with the Regulations of Other Countries, the Law on Civil Procedure, and relevant international agreements, depending on the nature of the disputed legal issue. The legal provisions in these two laws, functioning as general (lex generalis) and special (lex specialis) laws, differ primarily in how the principle of perpetuation of jurisdiction is applied. This situation leaves practice and doctrine to provide applicable solutions. This paper will present and analyze doctrinal viewpoints and judicial practice concerning the establishment of international jurisdiction, with the aim of evaluating the proposed solution in the draft of the new Law on Private International Law. The objective of the paper is to further clarify the specific procedural situation in which courts, having established their international jurisdiction, may encounter facts that have changed during the course of the proceedings.

COMMON LAW AND THE INSTITUTE OF BLOOD VENGEANCE

2024-12-20T13:15:39+01:00

Common law is one of the oldest forms of legal regulations that developed through unwritten rules and norms of behaviour that were established in the earliest communities. This law was based on customs adopted by the members of social community and passed down from generation to generation. In the absence of codified laws, customs made it possible to maintain social order and resolve conflicts within the community. One of the most well-known norms of common law was the institute of blood vengeance. It represented a way of maintaining balance and it could be said to embody ‘justice’ within the community, reflected in the practice where murder or injury was reciprocated with the same measure towards the perpetrator or his family. In the earliest periods, this rule was deeply rooted in the belief that only revenge could restore lost honor and establish balance within the community. Given the importance of the institute of blood vengeance, this paper will analyze when and in which documents blood vengeance was first mentioned, its characteristics, as well as its two institutions – oath and conciliation. These institutions, by their origin and purpose, can be said to oppose this custom, and within them, certain elements for its suppression can be found.

CHANGING THE LEGAL WORLD – ARTIFICIAL INTELLIGENCE AND COMMERCIAL INTERMEDIARY CONTRACTS

2025-01-04T19:00:02+01:00

Artificial intelligence poses a challenge to modern legal systems, as it represents a societal phenomenon and an extension of social reality. Aware that social reality is rapidly evolving due to technological progress, we rightfully question whether the existing legal frameworks are sufficient and adequate to accommodate the changes occurring in the field of artificial intelligence. Specifically, legal subjects include natural persons and legal entities. Can we still limit ourselves to only these two categories today, when computers equipped with cutting-edge artificial intelligence programs increasingly play a significant role in making decisions with legal consequences? This paper will focus on analyzing contemporary social trends and their impact on the existing legal framework, utilizing an evolutionary interpretation of legal institutes. Through the example of natural and legal persons acting as intermediaries in the provision of services, specifically in transportation, we will examine this phenomenon and potential future developments. In this context, the paper will focus on judicial practice related to the Uber case.

LEGAL CHALLENGES OF THE IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY IN THE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS

2025-02-07T14:33:20+01:00

The reform of collective management of copyright and related rights, along with the organization structures, is being carried out within the framework of the European Union and at the domestic legislative level. All of the legislative activities can be viewed in two ways: one part focuses on establishing a solid framework for organizations to manage collective copyright and related rights, while the other aims to adapt this institute to the circumstances where the internet and digital content prevail. Blockchain is an open-source innovation that, through a revolutionary approach, can change the execution of transactions between individuals, legal entities, and machines. The establishment of a clear legislative framework in the domain of digital property creates the assumption that this type of technology can be applied in many areas of social life, with the emphasis placed on its implementation in the domain of collective management of copyright and related rights to improve the work and functioning of organizations. Blockchain technology could be used as a tool to overcome certain problems in the operations of collective copyright and related rights organizations, primarily: inefficiency, lack of economy, and lack of transparency. On the other hand, we must not overlook the possibilities aimed at improving the status of authors and ensuring adequate compensation for the use of their works on the internet. The challenges of implementation are multifaceted and essentially of a legal and technical nature, and the terms blockchain, smart contracts, and cryptocurrency are currently subjects of intense debate in legal theory and practice around the world.

LEGAL ASPECTS OF DIGITAL BANKING

2025-02-03T14:23:58+01:00

The rapid development of digital banking has fundamentally transformed the capabilities of the financial sector, offering a range of new opportunities and challenges. This paper explores the legal aspects of the transformation of the financial sector through digital banking. It analyzes the regulatory framework that impacts the development and implementation of digital banking services, focusing on key laws, regulations, and legal standards that shape this area. The paper also addresses issues of data security, privacy protection, user authentication, and liability in cases of fraud or abuse. The research aims to provide deeper insights into the legal challenges and opportunities arising from the digital transformation of the financial sector, as well as identify potential legal frameworks and strategies for improving the efficiency and transparency of digital banking. The paper further examines the impact of digital banking on traditional banking practices, including customer service, operational efficiency, and revenue-generation models. Special attention is given to exploring the implications of digital banking for financial inclusion, particularly in underserved and remote communities, and its role in fostering economic development.

CONVERSION OF THE RIGHT OF USE ON CONSTRUCTION LAND INTO THE RIGHT OF OWNERSHIP IN THE POSITIVE LAW OF THE REPUBLIC OF SERBIA

2025-01-13T11:21:55+01:00

This paper analyzes the legal situation concerning civil matters related to the conversion of the right of use on construction land into the right of ownership under the positive law of the Republic of Serbia. This is a complex civil law issue that, for many years, was not adequately regulated within Serbia’s legal system, resulting in legal uncertainty and the failure to resolve several tens of thousands of cases. By applying historical, comparative legal, and dogmatic legal methods, as well as content analysis of relevant legal documents, the paper presents an argumentative examination of the provisions of numerous laws that address this matter both directly and indirectly. Specifically, it focuses on the provisions of the Law on Planning and Construction, the Law on Legalization of Buildings, and provisions of other related laws. The paper offers a reasoned legal interpretation of several legal acts, overcoming the imprecision in the regulation of this important civil law matter, and proposes a solution for the accumulated cases involving the conversion of the right of use into the right of ownership for residential buildings constructed without a building permit, as well as the construction land on which these buildings were erected, allocated for use with a fee by the relevant state administrative bodies of local self-government.

PATENT INFRINGEMENT AND CRIMINAL LAW PATENT PROTECTION

2025-02-03T14:24:53+01:00

The field of patents is the most important within industrial property, as it protects inventions and the position of inventors and patent holders. The interests of investors, scientists, researchers, and inventors must be somehow united in a legal system that benefits all these stakeholders, as the future of innovative creation depends on them. A patent is a right granted to the inventor and patent holder, providing certain benefits related to the invention they have patented. Thus, the patent system aims to reward the effort, knowledge, creativity, time, and money invested in creating new inventions, which leads to an expansion of knowledge in the field of industrial property, subsequently driving industrial progress. Since there are no rights without legal protection, the issue of legal certainty is linked to the development of the patent system. Various protection mechanisms are available to the inventor and patent holder through administrative procedures, as well as mechanisms to protect against infringements. What particularly interests us is which protection mechanism is most suitable in a specific situation, especially in the modern era.

TRANSFORMATION AND ECONOMIC ASPECTS OF SOFTWARE ENGINEERING THROUGH THE IMPLEMENTATION OF THE EU AI ACT

2025-01-20T13:09:58+01:00

The EU AI Act of 2024 represents the first comprehensive legal framework for regulating artificial intelligence, introducing a classification of AI systems based on risk levels and specific requirements for high-risk applications. This paper analyzes the transformative impact of this regulation on software engineering, focusing on economic aspects such as compliance costs, new opportunities for innovation, and changes in labor market dynamics. Special attention is given to the potential harmonization with the legislation of the Republic of Serbia, identifying key points of alignment and possible legal conflicts. The significance of this paper lies in its contribution to understanding how the EU AI Act shapes global AI regulation and provides a framework for adapting local legislation in Serbia, thereby fostering technological and legal advancement.