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Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije最新文献

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OBAVEZE PREVOZNIKA PREMA LICIMA SA INVALIDITETOM KAO KORISNIKA USLUGA PREVOZA PREMA PROPISIMA EU I PROPISIMA SRBIJE 在无效的许可证之前,我们可以对欧盟和其他国家的法律进行修改。
Pub Date : 2023-06-01 DOI: 10.46793/xvixmajsko.019m
Zoran Miladinović
The paper discusses the obligations of the carrier as a provider of transportation services towards persons with disabilities as passengers in public transportation according to EU regulations and Serbian regulations. Bearing in mind that passengers as users of transportation services in all branches of traffic are generally the weaker party to the contract (especially when persons with disabilities appear as passengers), it was necessary to prescribe clear obligations of the carrier as well as other entities that provide services that are in the function of using transportation service in relation to persons with disabilities and persons with reduced mobility. The starting point for establishing appropriate obligations for carriers towards this category of service users is the UN Convention on the Rights of Persons with Disabilities. On the basis of the principle provision from this convention, the obligations of carriers towards persons with disabilities as passengers in public transport are regulated in all branches of traffic by the relevant EU regulations (Regulations). Based on the UN Convention on the Rights of Persons with Disabilities, the relevant EU regulations and the Law on Prevention of Discrimination against Persons with Disabilities of the Republic of Serbia, in Serbia, the regulations on passenger transportation in certain branches of traffic prescribe appropriate obligations for carriers towards persons with disabilities as users of transportation services. By prescribing appropriate obligations of carriers towards persons with disabilities as users of transportation services, persons with disabilities as passengers in public transportation finally received appropriate protection, at least in a normative sense. Due to the differences in certain branches of traffic and the issue of the carrier's obligations towards this category of passengers, it is regulated differently in certain branches of traffic, but the conclusion is that this issue is best regulated when it comes to air transport, so it can serve as a model for further regulation of this issues in other branches of traffic in Serbia, especially when it comes to road traffic, since the current regulations almost do not regulate it.
本文根据欧盟法规和塞尔维亚法规,讨论了承运人作为公共交通工具中残疾人乘客的运输服务提供者的义务。考虑到在所有交通部门中作为运输服务用户的乘客通常是合同的弱势方(特别是当残疾人作为乘客出现时),有必要规定承运人以及提供服务的其他实体的明确义务,这些服务具有使用运输服务的功能,涉及残疾人和行动不便的人。为承运人对这类服务用户确立适当义务的出发点是《联合国残疾人权利公约》。根据本公约的原则条款,在所有交通部门中,承运人对残疾人作为公共交通乘客的义务由相关的欧盟条例(条例)加以规定。根据《联合国残疾人权利公约》、欧盟相关法规和塞尔维亚共和国《防止歧视残疾人法》,塞尔维亚在某些交通部门的客运法规规定了承运人对残疾人作为交通服务用户的适当义务。通过规定承运人对作为交通服务使用者的残疾人的适当义务,作为公共交通乘客的残疾人最终至少在规范意义上得到了适当的保护。由于交通的差异在某些分支和承运人的义务对这一类问题的乘客,在某些分支的交通管制不同,但结论是,这个问题最好控制在航空运输,所以它可以作为一个模型为进一步调节流量在塞尔维亚的其他分支的问题,特别是当它涉及道路交通,因为当前的规定几乎不规范。
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引用次数: 0
PUNOMOĆJE DATO U INOSTRANSTVU ZA ZAKLjUČENjE UGOVORA O PROMETU NEPOKRETNOSTI KOJA SE NALAZI U DOMAĆOJ DRŽAVI – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE I MEĐUNARODNOG PRIVATNOG PRAVA CRNE GORE
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.991dj
Slavko Đorđević
Serbian and Montenegrin notaries deal very often with documents which were made abroad before foreign notary and in which the authority of an agent for conclusion of contracts for transfer of immovable property located in Serbia/Montenegro was embedded. This paper discusses the issue whether such documents are valid in respect of form (formal validity), since the rules on form of foreign law may differ from those of the laws of Serbia and Montenegro. In order to solve this issue, Serbian/Montenegrin notaries have to determine the law applicable to the form of agency. Considering that the PIL Act of Serbia and the PIL Act of Montenegro contain different conflict-of-law rules on agency and their substantive laws differently regulate the form in which agent’s authority for conclusion of such contracts has to be given, the issue is discussed from the point of view of each country respectively.
塞尔维亚和黑山公证人经常处理在外国公证人面前在国外制作的文件,其中包含了签订塞尔维亚/黑山境内不动产转让合同的代理人的权力。本文讨论这类文件在形式(形式效力)方面是否有效的问题,因为外国法律的形式规则可能与塞尔维亚和黑山法律的形式规则不同。为了解决这一问题,塞尔维亚/黑山公证人必须确定代理形式适用的法律。考虑到塞尔维亚PIL法和黑山PIL法对代理的冲突法规则不同,实体法对代理订立合同的授权形式有不同的规定,本文分别从两国的角度进行讨论。
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引用次数: 0
UGOVOR U KORIST TREĆEG LICA – ODSTUPANjE OD NAČELA „INTER PARTES“
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.1141v
Vladimir Vrhovšek, Sandra Đorđević
The contract represents an instrument of legal transactions through which the contracting parties regulate their rights and obligations within the limits of compulsory regulations, public order, and good customs. The Law on Contracts and Torts proclaims the principle of disposition and autonomy of will, as a result of which the contracting parties can create rights and obligations for themselves and the other contracting party with their free declarations of will, regulate their mutual relations in a different way from legal solutions, as long as they do not exceed the set limits, under the threat of nullity of the contract. In addition to the above, the contract can extend its effect besides the contracting parties, and it can be used to contract rights in favor of third parties, whose will did not participate in the creation of the contract itself. In this paper, the authors will show the impact of a contract in favor of a third party, as an exception to the inter partes principle, on the example of a contract concluded between RF PIO and JP "Pošta Srbije" and look at the legal validity of such a contract, through court practice.
合同是一种法律交易的工具,通过它,缔约双方在强制性法规、公共秩序和良好习俗的范围内调节他们的权利和义务。《合同和侵权行为法》宣布了处分和意志自治原则,因此,缔约双方可以通过自由声明意志为自己和另一方创造权利和义务,以不同于法律解决办法的方式调节彼此关系,只要不超过规定的限制,在合同无效的威胁下。除此之外,合同还可以将其效力延伸到合同当事人之外,并且可以将权利授予第三人,而该第三人的意志本身并没有参与合同的订立。在本文中,作者将以RF PIO和JP“Pošta Srbije”之间订立的合同为例,展示有利于第三方的合同作为当事人间原则的例外所产生的影响,并通过法院实践来考察这种合同的法律效力。
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引用次数: 0
RAZGRANIČENjE IZMEĐU REGISTROVANE ZALOGE I FIDUCIJARNOG PRENOSA SVOJINE KAO REALNE GARANCIJE
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.1119p
Aleksandra Pavićević
The subject of the paper is an analysis of the physiognomy of two institutes with the role of real security of claims, which exist in modern comparative law, namely - registered pledge and fiduciary transfer of property for the purpose of real security of claims. Unlike the registered (stateless) pledge on movable property, which is known by all modern regulations, including domestic law, the fiduciary transfer of property is an unusual real guarantee, which is not regulated in positive Serbian law (nor has it ever been). Nevertheless, this institute has long been familiar with European, and especially German, business (banking) practice, as well as numerous newer regulations. Since the introduction of this institute was proposed by one of the two legal projects drafted so far, which embody the future Serbian civil law (Draft Code of Property and Other Real Rights of Serbia from 2011), the author locates the similarities and differences between the two mentioned institutes, with with the aim of formulating a final assessment on the expediency of introducing this institute into Serbian law de lege ferenda. After the analysis, the author concludes that the fiduciary transfer of property: in terms of content, effect, object, flexibility, multifunctionality and non-accessibility exceeds the purpose of a registered pledge, and with its physiognomy and internal logic embodies a guarantee sui generis, the introduction of which would enrich the range of real guarantees in Serbian law. After all, it is the course of modern European national legislators, but also of supranational EU law, which is significant due to the need to harmonize domestic law with European law.
本文的主题是分析现代比较法中存在的两种具有债权实物担保作用的制度,即以债权实物担保为目的的登记质押和以财产信托转让为目的的债权实物担保。与包括国内法在内的所有现代条例都知道的动产登记(无国籍)质押不同,财产的信托转让是一种不寻常的真实担保,塞尔维亚实在法对此没有规定(也从来没有规定)。尽管如此,该机构长期以来一直熟悉欧洲,尤其是德国的商业(银行)实践,以及许多新的法规。由于引入这一制度是由迄今为止起草的两个法律项目之一提出的,这两个法律项目体现了未来的塞尔维亚民法(2011年塞尔维亚财产和其他物权法典草案),因此作者定位了上述两个制度之间的异同,目的是对将这一制度引入塞尔维亚法的权宜性进行最终评估。经过分析,笔者认为财产信托转让在内容、效力、对象、灵活性、多功能性和不可及性等方面都超越了登记质押的目的,以其外观和内在逻辑体现了一种自成担保,其引入将丰富塞尔维亚法律中真实担保的范围。毕竟,这是现代欧洲国家立法者的历程,也是超国家欧盟法的历程,这是重要的,因为需要协调国内法与欧洲法。
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引用次数: 0
ORGANIZATOR PLATFORME ZA TRGOVANjE DIGITALNOM IMOVINOM KAO PRUŽALAC USLUGA
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.325j
Nebojša Đ. Jovanović
In this paper for the conference, the author points that the trading platform of digital assets is an object of law, but not persona at law. That is why, it is necessary to manage it by some expert person, as a persona at law. The author explains the notion of the trading platform and causes of its appearance on the market of digital assets. He also explains the notion of its organiser (i.e. manager), as one kind of provider of services relating to the digital assets, their business, legal requirements for awarding the authorisation by the supervisory authority, as well as the procedure of their authorisation under the Serbian law. There is serious doubt about the material validity of digital assets as a means of payment and of investment, due to the many unknown elements of them. There also exists a serious risk that the organiser of trading platform misuses its legal position within the trading process which it organises. The cause of the risk is too great liberty of the organiser to choose its role within the trading process, which it manages by its platform. The author concludes that Serbia should have prohibited the organiser to trade with the users of its services, because it violates the principle of impartiality of the organiser of any type of multilateral trade with any kind of assets, including the digital assets.
在本次会议的论文中,作者指出数字资产交易平台是法律的客体,而不是法律上的人。这就是为什么有必要由一些专家来管理它,作为法律上的人物。本文阐述了交易平台的概念及其在数字资产市场上出现的原因。他还解释了其组织者(即管理者)的概念,作为一种与数字资产、其业务、监管机构授予授权的法律要求以及根据塞尔维亚法律授权的程序相关的服务提供商。由于数字资产中存在许多未知因素,因此人们严重怀疑数字资产作为支付和投资手段的实质性有效性。交易平台的组织者在其组织的交易过程中滥用其法律地位也存在严重的风险。风险的原因是组织者在交易过程中选择自己的角色过于自由,他们通过自己的平台来管理交易过程。作者的结论是,塞尔维亚应该禁止组织者与其服务的用户进行交易,因为它违反了组织者与任何类型的资产(包括数字资产)进行任何类型的多边贸易的公正性原则。
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引用次数: 0
PRAVNA REGULATIVA USLUGA U TURIZMU I UGOSTITELjSTVU
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.195v
Dragan Vujisić
The legal regulation of services, both in national and international law and in the law of the European Union, is characterized by heterogeneity, that is, the fact that regulations, both legal and sub-legal, are scattered in several different legal acts; in no country does there exist a single legal act that would contain in one place all the norms relevant to the legal regulation of relations in tourism and catering. The reason for this is the fact that tourism and catering are such complex activities that it is almost impossible to organize them uniformly. Because they encroach on the areas of various economic and non-economic activities that, in terms of normativity, belong to various legislative bodies and administrative bodies. Certain provisions are made in regulations that refer to all or more activities, including tourism and catering, while, on the other hand, certain regulations contain norms that exclusively or predominantly relate to tourism and catering. And when it comes to norms that exclusively or predominantly relate to tourism and catering, there are differences depending on which area of tourism and catering they regulate, whether they regulate the area of the organization of tourism and catering and their subjects or the area of business and contractual relations in tourism and catering . The paper is a modest attempt to collect and systematize the provisions related to tourism and catering, which are scattered in various regulations and business practices in Serbian law, international law and the law of the European Union.
在国内法和国际法以及欧盟法律中,服务业的法律规定具有异质性的特点,也就是说,法律和次法律规定分散在几个不同的法律行为中;在任何国家都不存在一项单一的法律行为,在一个地方包含与旅游和餐饮关系的法律规定有关的所有规范。原因是旅游和餐饮是如此复杂的活动,几乎不可能统一组织它们。因为它们侵犯了各种经济和非经济活动的领域,就规范性而言,这些领域属于各种立法机构和行政机构。条例中的某些规定涉及所有或更多活动,包括旅游和餐饮,而另一方面,某些条例载有专门或主要与旅游和餐饮有关的规范。当涉及到专门或主要与旅游和餐饮业有关的规范时,根据它们所规范的旅游和餐饮业的哪个领域,它们是规范旅游和餐饮业的组织及其主体领域,还是旅游和餐饮业的商业和合同关系领域,存在差异。本文是收集和整理与旅游和餐饮有关的规定的适度尝试,这些规定分散在塞尔维亚法律、国际法和欧洲联盟法律的各种条例和商业惯例中。
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引用次数: 0
PROCEDURALNA NEPOTPUNOST OSTVARIVANjA PUTNIČKIH PRAVA U VAZDUŠNOM SAOBRAĆAJU
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.057j
S. Janković
In the article, the author considers incompletion and discordance regarding the passenger's legal position in contemporary civil aviation. It is posted, explained, and proved the hypothesis of insufficiency of procedural norms regulating the realization of passengers' rights. Particularly, the author focuses on deficiency in collective and individual methods of protecting the passenger’s rights and their legal position as an ordinary consumer. Also, it is paid special attention to ADR as a method in solving the passenger vs. carrier disputes, considering mediation as a predominant method and arbitration as a potential new method in resolving these disputes. The author comes to the conclusion that the effectiveness consisted of speedy and legal certainty should be the main and the most important feature of future methods of resolving disputes involving passengers in aviation. In the first part of the article, it is presented a real example of a case in which the passenger’s interest collided with the carrier’s one. In the second part, after explaining the concrete application of different general protecting methods, it is made special attention to the passenger’s helplessness regarding doing anything to prevent uncertainty and too-long court procedures. Finally, the author concludes with three propositions in order to improve the procedural status of passengers in aviation. The first is in introducing the short-term small claims procedures; the second is the expertise of the administrative body which should administrate the collective passenger’s disputes and, the third is introducing the arbitration into passenger’s disputes.
本文认为,当代民用航空中旅客法律地位的不完善和不协调。对规制旅客权利实现的程序规范不足的假设进行了张贴、解释和论证。笔者特别关注了在保护旅客权利的集体方式和个人方式上的不足,以及旅客作为普通消费者的法律地位。此外,它还特别关注ADR作为解决旅客与承运人纠纷的一种方法,认为调解是一种主要方法,仲裁是解决这些纠纷的一种潜在的新方法。作者得出的结论是,由快速和法律确定性组成的有效性应该是未来解决航空旅客纠纷方法的主要和最重要的特征。在文章的第一部分,提出了一个真实的案例,其中乘客的利益与承运人的利益发生冲突。第二部分,在解释了不同一般保护方式的具体适用之后,特别关注了旅客对于防止不确定性和法庭程序过长的无能为力。最后,笔者提出了提高旅客在航空中的程序性地位的三点建议。首先是引入短期小额索赔程序;二是管理集体旅客纠纷的行政机关的专业知识,三是在旅客纠纷中引入仲裁。
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引用次数: 0
USLUGA PRANjA, GLAČANjA I IZBELjIVANjA ODEĆE U STAROM RIMU
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.313t
Saša Tucaković
Due to the widespread understanding of clothing as an expression of the individual's personality and position in society, the Romans wanted clean, polished, shiny and white clothes in their wardrobe. Their needs were met by the fullers (fullones), with a complex treatment of clothes. At the beginning of the paper, the rights and obligations of the fuller and the user of the service are being considered, and in the second part, the complete procedure of the fuller's work with clothes is covered, which consists of treatment with detergents, washing, drying, polishing and treatment with sulfur and certain types of fuller's earth.
由于人们普遍认为服装是个人个性和社会地位的表现,罗马人希望衣橱里有干净、光亮、有光泽的白色衣服。他们的需求是通过对衣服进行复杂处理的富勒(fullones)来满足的。在论文的开头,考虑了漂漂工和服务用户的权利和义务,在第二部分,涵盖了漂漂工处理衣服的完整程序,包括用洗涤剂处理,洗涤,干燥,抛光以及用硫磺和某些类型的漂漂土处理。
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引用次数: 0
USLUGE ZDRAVSTVENOG SEKTORA I SEKTORA SOCIJALNE ZAŠTITE KAO POMOĆ I PODRŠKA ŽRTVI RODNO ZASNOVANOG NASILjA SRBIJA v. EVROPSKA UNIJA
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.685k
Jasmina Krštenić
Accepting and understanding the attribute of the victim in criminal, health and social context in the Republic of Serbia and elsewhere in the European Union framework is equally delicate and complex feeling and development. Society apparently does everything that victim stops being stigmatised as a damaged in multisensory meaning with the action of the offender who must not be unpunished. We will ask a question of equality of sociolegal position of victim in different economic and cultural frames. Road signs are ambiguous at best, and efforts to way out path are constant. Let show the path and the way through regulations, procedures, endeavours, and adjustments. Sometimes the path is unmarked, and a medicine more available in discriminatory unjust negligible environment. Services that victim expects and gets are product of adequate legal solutions.
在塞尔维亚共和国和欧洲联盟框架内的其他地方,接受和理解受害者在刑事、卫生和社会方面的属性同样是微妙和复杂的感受和发展。社会显然会尽一切努力让受害者不再被污名化,在多重感官意义上被视为受损者,而犯罪者的行为必须受到惩罚。我们将提出一个在不同经济和文化框架中受害者的社会法律地位平等的问题。路标充其量是模棱两可的,人们总是努力走出那条路。让我们通过规定、程序、努力和调整来指明道路和方式。有时路径是没有标记的,而药品更多是在歧视不公正的环境中获得的。受害者期望和得到的服务是适当的法律解决方案的产物。
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引用次数: 0
USLUGE NA ZAHTEV
Pub Date : 2023-06-01 DOI: 10.46793/xixmajsko.457j
Jelena Janković
Today, new service delivery models create new patterns of behavior in the labor market. Difficulties in overcoming the distance between the service provider and the user are reduced by the use of electronic communication and electronic commerce. In such conditions, there is no direct and immediate contact between the service provider and the user, which endangers the human character of the service-legal relationship. Preservation of the humane character of the service activity, which is performed in a web environment, is the best answer to the challenges of normative regulation of the on-demand economy, both at the level of the European Union and in national legislation. The aim of the paper is to indicate that the humane character of service activities is their basic feature, independent of the sector of the service economy.
今天,新的服务提供模式在劳动力市场创造了新的行为模式。通过使用电子通信和电子商务,克服服务提供者和用户之间的距离的困难减少了。在这种情况下,服务提供者和用户之间没有直接和直接的接触,这危及了服务-法律关系的人性。保存在网络环境中进行的服务活动的人性化特征,是在欧盟和国家立法层面上应对按需经济规范监管挑战的最佳答案。本文的目的是指出服务活动的人性化是其基本特征,独立于服务经济的部门。
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引用次数: 0
期刊
Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije
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