Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1151mg
Aleksandra Mulasmajić Grujić
Minors who have reached the age of 15 have the right to enter into an employment relationship under certain special conditions. By limiting the age limit for entering into an employment relationship, the state protects minors from the possible exploitation of child labor and other negative consequences that may endanger the life, health, morals and education of minors. In the paper, the author will point out the importance of protecting the best interests of the child in the world of work. The Labor Law prescribes special conditions that must be met in order for minors to be able to enter in to an employment relationship. The paper presents special conditions for entering into an employment relationship with this category of people, such as the minimum age, the consent of the legal representative and protection from jobs that endanger the minor's health, morals and education. Due to the specificity of this employment relationship and the importance of protecting the rights of minors, Directive No. 94/33/EC prescribes numerous rules and restrictions regarding working with minors. In this paper, the author will analyze the legal framework and the importance of respecting these rules in establishing an employment relationship with a minor.
{"title":"ZASNIVANjE RADNOG ODNOSA S MALOLETNIKOM SA OSVRTOM NA DIREKTIVU BR. 94/33/EZ","authors":"Aleksandra Mulasmajić Grujić","doi":"10.46793/xixmajsko.1151mg","DOIUrl":"https://doi.org/10.46793/xixmajsko.1151mg","url":null,"abstract":"Minors who have reached the age of 15 have the right to enter into an employment relationship under certain special conditions. By limiting the age limit for entering into an employment relationship, the state protects minors from the possible exploitation of child labor and other negative consequences that may endanger the life, health, morals and education of minors. In the paper, the author will point out the importance of protecting the best interests of the child in the world of work. The Labor Law prescribes special conditions that must be met in order for minors to be able to enter in to an employment relationship. The paper presents special conditions for entering into an employment relationship with this category of people, such as the minimum age, the consent of the legal representative and protection from jobs that endanger the minor's health, morals and education. Due to the specificity of this employment relationship and the importance of protecting the rights of minors, Directive No. 94/33/EC prescribes numerous rules and restrictions regarding working with minors. In this paper, the author will analyze the legal framework and the importance of respecting these rules in establishing an employment relationship with a minor.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134455961","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1051k
Igor Kambovski
In every democratic state, governed by the rule of law, the judicial system is a mirror of democracy, human rights and freedom. Strict legal and social standards related to the judiciary become narrow or somewhat ineffective over time, and the need for justice is ultimate. Courts are under the constant scrutiny of the professional, scientific, domestic and international public, and the public is often dissatisfied with the efficiency of the judicial system, considering that it does not provide effective and cheap protection of rights within a reasonable time and does not exclude secondary, political and similar influences on court proceedings. This imposes the need to find a solution to increase the efficiency of the judicial system, without abandoning the basic principles and postulates on which it is based. New, more rational trends and means to achieve such goals cause judicial reforms in the direction of dejudicialization, using alternative methods for resolving disputes. The scope of judicial reforms at the global level includes the following basic goals: 1) acceleration of access to justice by speeding up and simplifying court procedures; 2) relieving the courts of accumulated cases, which could be resolved in another, out-of-court procedure. Alternative dispute resolution (ADR) is the general name for a method of out-of-court agreement and settlement that includes, first of all, arbitration and mediation, as the two main procedures of informal mediation and decision-making. The term ADR refers to any procedure that means an alternative, i.e. a substitute for a court procedure, an out-of- court way of resolving disputes. The possibility of alternative procedures is not limited in advance, so the emergence of new ADR methods cannot be limited or excluded. The main difference between the alternative procedure and the classic court procedure is that the dispute for which the court is competent is resolved without the formality of the court procedure, that is, it is not resolved by the court. Compared to court procedures, alternative procedures are much more flexible and adaptable to the nature of the dispute. Also, the alternative means relieving the court and saving time and money for the parties, as well as faster access to justice, i.e. dispute resolution.
{"title":"VANSUDSKO REŠAVANjE SPOROVA-ARBITRAŽA I MEDIJACIJA","authors":"Igor Kambovski","doi":"10.46793/xixmajsko.1051k","DOIUrl":"https://doi.org/10.46793/xixmajsko.1051k","url":null,"abstract":"In every democratic state, governed by the rule of law, the judicial system is a mirror of democracy, human rights and freedom. Strict legal and social standards related to the judiciary become narrow or somewhat ineffective over time, and the need for justice is ultimate. Courts are under the constant scrutiny of the professional, scientific, domestic and international public, and the public is often dissatisfied with the efficiency of the judicial system, considering that it does not provide effective and cheap protection of rights within a reasonable time and does not exclude secondary, political and similar influences on court proceedings. This imposes the need to find a solution to increase the efficiency of the judicial system, without abandoning the basic principles and postulates on which it is based. New, more rational trends and means to achieve such goals cause judicial reforms in the direction of dejudicialization, using alternative methods for resolving disputes. The scope of judicial reforms at the global level includes the following basic goals: 1) acceleration of access to justice by speeding up and simplifying court procedures; 2) relieving the courts of accumulated cases, which could be resolved in another, out-of-court procedure. Alternative dispute resolution (ADR) is the general name for a method of out-of-court agreement and settlement that includes, first of all, arbitration and mediation, as the two main procedures of informal mediation and decision-making. The term ADR refers to any procedure that means an alternative, i.e. a substitute for a court procedure, an out-of- court way of resolving disputes. The possibility of alternative procedures is not limited in advance, so the emergence of new ADR methods cannot be limited or excluded. The main difference between the alternative procedure and the classic court procedure is that the dispute for which the court is competent is resolved without the formality of the court procedure, that is, it is not resolved by the court. Compared to court procedures, alternative procedures are much more flexible and adaptable to the nature of the dispute. Also, the alternative means relieving the court and saving time and money for the parties, as well as faster access to justice, i.e. dispute resolution.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133700928","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}
Pre-contractual phase of the relation between trader and consumer creates a myriad of situations that may negatively affect the realization of basic consumers’ rights. This is particularly true for contracts concluded with means of distance communication, i..e for contracts that are part of electronic commerce. As conducting activities in the pre-contractual phase aims to enable promotion of goods and services offered to consumers. The legal rules on different forms of advertising undoubtedly influence the legal position of consumers in said phase of their relation with the traders. The main subject of this paper the analysis of the specifics of conveying advertising messages in digital environment and their influence on the realization of basic consumers rights in electronic commerce, defining the main problems that contemporary legal regulation must address, as well as the review of current regulation in Eu law and Serbian law regarding the subject of this paper.
{"title":"INTERNET OGLAŠAVANjE I ZAŠTITA POTROŠAČA","authors":"Borko Mihajlović","doi":"10.46793/xixmajsko.861m","DOIUrl":"https://doi.org/10.46793/xixmajsko.861m","url":null,"abstract":"Pre-contractual phase of the relation between trader and consumer creates a myriad of situations that may negatively affect the realization of basic consumers’ rights. This is particularly true for contracts concluded with means of distance communication, i..e for contracts that are part of electronic commerce. As conducting activities in the pre-contractual phase aims to enable promotion of goods and services offered to consumers. The legal rules on different forms of advertising undoubtedly influence the legal position of consumers in said phase of their relation with the traders. The main subject of this paper the analysis of the specifics of conveying advertising messages in digital environment and their influence on the realization of basic consumers rights in electronic commerce, defining the main problems that contemporary legal regulation must address, as well as the review of current regulation in Eu law and Serbian law regarding the subject of this paper.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134645958","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}
The paper explores the relationship between two opposing principles. Needs for protection of personal data and voluntary disclosure of personal data by citizens. While on the one hand, the normative and infrastructural capacities of the state go in the direction of the safest possible protection of personal data, on the other hand, there is a thinking that citizens voluntarily display personal data that is protected by law. In this sense, the work will pay attention to the general research of the functions and development of DATA centers. First, the genesis of the development of this type of institution will be explored. What political and social factors influenced the development of this type of institution. After that, the general normative framework of functioning will be analyzed. Once the nature and functioning of this type of center is known, the paradox of privacy will be analyzed. The question of the existence of disproportion between the angle of citizens and the angle of the state in the matter of data protection will be the subject of analysis and observation of possible disproportions.
{"title":"USLUGE DATA CENTARA I PARADOKS PRIVATNOSTI","authors":"N. Ivković","doi":"10.46793/xixmajsko.445i","DOIUrl":"https://doi.org/10.46793/xixmajsko.445i","url":null,"abstract":"The paper explores the relationship between two opposing principles. Needs for protection of personal data and voluntary disclosure of personal data by citizens. While on the one hand, the normative and infrastructural capacities of the state go in the direction of the safest possible protection of personal data, on the other hand, there is a thinking that citizens voluntarily display personal data that is protected by law. In this sense, the work will pay attention to the general research of the functions and development of DATA centers. First, the genesis of the development of this type of institution will be explored. What political and social factors influenced the development of this type of institution. After that, the general normative framework of functioning will be analyzed. Once the nature and functioning of this type of center is known, the paradox of privacy will be analyzed. The question of the existence of disproportion between the angle of citizens and the angle of the state in the matter of data protection will be the subject of analysis and observation of possible disproportions.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129419459","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1095b
Dejan Bodul, Jurica Potočnjak
The amendment to the Law on Civil Procedure from 2019 introduced certain novelties with regard to the costs of the procedure, which was intended to increase the level of efficiency in the resolution of court cases, and there was an intention that the procedures be conducted within a reasonable time, as well as that the parties, depending on their role in the procedure, bear responsibility for own actions and costs incurred during the procedure. In the article, the authors will refer to the conceptual arrangement of litigation costs and its components, authorized persons and those liable for reimbursement of costs, the final claim, the difference between preliminary and final bearing of the costs of litigation. The novelties introduced by the Novel will be analyzed with regard to the costs of the proceedings in the event of the loss of the litigation in its entirety and the responsibility of the intervener for the costs of the proceedings, reimbursement of costs in the case of partial success in the dispute, withdrawal of the lawsuit and waiver of the claim, and sanctioning of the parties, i.e. loss of the right to compensation costs if they do not attend the meeting to try to reconcile. At the same time, it will refer to the costs of the procedure in separate litigations and the compensation of expenses due to the participation of a temporary representative in the litigation.
{"title":"NOVO UREĐENjE PARNIČNIH TROŠKOVA","authors":"Dejan Bodul, Jurica Potočnjak","doi":"10.46793/xixmajsko.1095b","DOIUrl":"https://doi.org/10.46793/xixmajsko.1095b","url":null,"abstract":"The amendment to the Law on Civil Procedure from 2019 introduced certain novelties with regard to the costs of the procedure, which was intended to increase the level of efficiency in the resolution of court cases, and there was an intention that the procedures be conducted within a reasonable time, as well as that the parties, depending on their role in the procedure, bear responsibility for own actions and costs incurred during the procedure. In the article, the authors will refer to the conceptual arrangement of litigation costs and its components, authorized persons and those liable for reimbursement of costs, the final claim, the difference between preliminary and final bearing of the costs of litigation. The novelties introduced by the Novel will be analyzed with regard to the costs of the proceedings in the event of the loss of the litigation in its entirety and the responsibility of the intervener for the costs of the proceedings, reimbursement of costs in the case of partial success in the dispute, withdrawal of the lawsuit and waiver of the claim, and sanctioning of the parties, i.e. loss of the right to compensation costs if they do not attend the meeting to try to reconcile. At the same time, it will refer to the costs of the procedure in separate litigations and the compensation of expenses due to the participation of a temporary representative in the litigation.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129865282","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1009l
Branko Leštanin, Željko Nikač
In the paper, the authors consider the legal status of private security services in Serbia, especially after the adoption of the Private Security Law, as well as the adoption of by-laws for the implementation of this regulation. They also analyze the legal framework of the EU and EU’s member states. In the introduction of the paper, as a function of the topic, private security is briefly indicated as a subsystem of the security system and certain conditions that influenced the development of private security are evaluated. Furthermore, the legislative framework of private security services in Serbia is presented, more important solutions in the function of providing services are pointed out and a critical review of the application of regulations in practice is given. Solutions regarding the organization, tasks, authorizations and control of legality in the work of private security officers were analyzed. Individual EU Directives that may relate to the provision of private security services as well as national legislation of EU member states are analyzed. In the conclusion, the uniqueness of the legislation of Serbia in relation to other countries is stated and proposals are made for the adoption of a special EU directive that would regulate the field of private security.
{"title":"PRAVNA REGULATIVA USLUGA PRIVATNE BEZBEDNOSTI U SRBIJI I EU","authors":"Branko Leštanin, Željko Nikač","doi":"10.46793/xixmajsko.1009l","DOIUrl":"https://doi.org/10.46793/xixmajsko.1009l","url":null,"abstract":"In the paper, the authors consider the legal status of private security services in Serbia, especially after the adoption of the Private Security Law, as well as the adoption of by-laws for the implementation of this regulation. They also analyze the legal framework of the EU and EU’s member states. In the introduction of the paper, as a function of the topic, private security is briefly indicated as a subsystem of the security system and certain conditions that influenced the development of private security are evaluated. Furthermore, the legislative framework of private security services in Serbia is presented, more important solutions in the function of providing services are pointed out and a critical review of the application of regulations in practice is given. Solutions regarding the organization, tasks, authorizations and control of legality in the work of private security officers were analyzed. Individual EU Directives that may relate to the provision of private security services as well as national legislation of EU member states are analyzed. In the conclusion, the uniqueness of the legislation of Serbia in relation to other countries is stated and proposals are made for the adoption of a special EU directive that would regulate the field of private security.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114265321","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}
Pub Date : 2023-06-01DOI: 10.46793/xvixmajsko.131mn
Jelena Milosavljević Nikov
The paper examines the Central Bank, first of all, its definition and conceptual definition, the tasks it performs, the bank's bodies, as well as the moment of acquiring its legal capacity, on the example of the National Bank of Serbia, the Central Bank of Switzerland, Slovenia and several other national banks. During the research, the normative method was used, by critically analyzing legal and by-laws relating to the central bank, and to a lesser extent, the comparative method. At the end of the paper, an appropriate conclusion was given, in which the common characteristics of all the central banks that were analyzed in the paper are shown, as well as their actions and the importance they have in the legal and economic system of their countries.
{"title":"CENTRALNA BANKA U REPUBLICI SRBIJI I U NEKIM UPOREDNIM PRAVIMA SA POSEBNIM POGLEDOM NA CENTRALNE BANKE ČLANICA EU I EVROPSKE CENTRALNE BANKE","authors":"Jelena Milosavljević Nikov","doi":"10.46793/xvixmajsko.131mn","DOIUrl":"https://doi.org/10.46793/xvixmajsko.131mn","url":null,"abstract":"The paper examines the Central Bank, first of all, its definition and conceptual definition, the tasks it performs, the bank's bodies, as well as the moment of acquiring its legal capacity, on the example of the National Bank of Serbia, the Central Bank of Switzerland, Slovenia and several other national banks. During the research, the normative method was used, by critically analyzing legal and by-laws relating to the central bank, and to a lesser extent, the comparative method. At the end of the paper, an appropriate conclusion was given, in which the common characteristics of all the central banks that were analyzed in the paper are shown, as well as their actions and the importance they have in the legal and economic system of their countries.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129913343","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}
The Paper shall pay attention to the Law on Higher Education that was adopted by the Macedonian Assembly in 2018. This Law is important because of its goal regarding the fight against corruption. Namely, it prescribes an obligation to the University’s Senate to elect an authorized person among the full-time professors for receiving corruption reports. Having in mind such provision, as well as the duty of the Senate to adopt a general act about the work and monthly remuneration of the authorized person, Requests for access to public information were send to the Macedonian universities. From the used references and the answers provided by the universities, the Paper shall be able to establish whether the universities are prepared to fulfil their responsibilities regarding prevention and protection against corruption. Additionally, the Paper shall give a special focus to the reports that the authorized persons for receiving corruption reports have submitted to the Senate, particularly from the aspect of received corruption reports.
{"title":"THE CORRUPTION-FREE UNIVERSITIES IN THE MACEDONIAN SOCIETY – HIGHLY SET UP GOAL, BUT POORLY REALIZED","authors":"Katerina Krstevska Savovska, Bogdančo Gogov, Ice Ilijevski","doi":"10.46793/xixmajsko.803ks","DOIUrl":"https://doi.org/10.46793/xixmajsko.803ks","url":null,"abstract":"The Paper shall pay attention to the Law on Higher Education that was adopted by the Macedonian Assembly in 2018. This Law is important because of its goal regarding the fight against corruption. Namely, it prescribes an obligation to the University’s Senate to elect an authorized person among the full-time professors for receiving corruption reports. Having in mind such provision, as well as the duty of the Senate to adopt a general act about the work and monthly remuneration of the authorized person, Requests for access to public information were send to the Macedonian universities. From the used references and the answers provided by the universities, the Paper shall be able to establish whether the universities are prepared to fulfil their responsibilities regarding prevention and protection against corruption. Additionally, the Paper shall give a special focus to the reports that the authorized persons for receiving corruption reports have submitted to the Senate, particularly from the aspect of received corruption reports.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128130466","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}
A surrogate mother is a female person who helps couples and individuals become parents by carrying a pregnancy instead of a woman, in situations where a woman who wants to have a child faces certain gynecological problems or there are other medical reasons why she cannot have a child The most common indication for surrogacy is the lack of a uterus, which can be congenital or acquired after surgery, with the presence of one or both ovaries. Other medical indications are various serious illnesses, as a result of which the woman's life would be endangered in the situation of pregnancy. Surrogacy is accompanied by not only legal, but also numerous ethical and moral dilemmas, and in Europe it is allowed in only a few countries. Governments in most countries vote to ban all surrogacy arrangements outright, and in some jurisdictions there are civil and criminal penalties for people who do choose to enter into such arrangements, because in these states surrogacy is prohibited, regardless of whether it is based on altruistic reasons or it is in commercial purposes. In other countries, surrogacy is permitted, but only if based solely on an altruistic purpose, thereby prohibiting commercial surrogacy. In the paper, the author provides an overview of the current state of legal regulation in this area in some European countries, with reference to the proposed novelties that provide for the preliminary draft of the long-announced and still unadopted Civil Code of the Republic of Serbia, which concerns the introduction of surrogacy into our law. After 17 years of work on this Code, one of the most difficult issues to reach consensus on, aside from euthanasia and same-sex marriage, is surrogacy.
{"title":"USLUGA SUROGAT MAJČINSTVA U PRAVNIM SISTEMIMA EVROPSKIH DRŽAVA","authors":"Ana Čović","doi":"10.46793/xixmajsko.647c","DOIUrl":"https://doi.org/10.46793/xixmajsko.647c","url":null,"abstract":"A surrogate mother is a female person who helps couples and individuals become parents by carrying a pregnancy instead of a woman, in situations where a woman who wants to have a child faces certain gynecological problems or there are other medical reasons why she cannot have a child The most common indication for surrogacy is the lack of a uterus, which can be congenital or acquired after surgery, with the presence of one or both ovaries. Other medical indications are various serious illnesses, as a result of which the woman's life would be endangered in the situation of pregnancy. Surrogacy is accompanied by not only legal, but also numerous ethical and moral dilemmas, and in Europe it is allowed in only a few countries. Governments in most countries vote to ban all surrogacy arrangements outright, and in some jurisdictions there are civil and criminal penalties for people who do choose to enter into such arrangements, because in these states surrogacy is prohibited, regardless of whether it is based on altruistic reasons or it is in commercial purposes. In other countries, surrogacy is permitted, but only if based solely on an altruistic purpose, thereby prohibiting commercial surrogacy. In the paper, the author provides an overview of the current state of legal regulation in this area in some European countries, with reference to the proposed novelties that provide for the preliminary draft of the long-announced and still unadopted Civil Code of the Republic of Serbia, which concerns the introduction of surrogacy into our law. After 17 years of work on this Code, one of the most difficult issues to reach consensus on, aside from euthanasia and same-sex marriage, is surrogacy.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130783915","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}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1023m
Gabrijela Mihelčić, Sebastian Knežević
The paper deals with the institution of termination of probate proceedings and the reasons for termination under the title of testamentary disposition are especially highlighted. The paper is divided into two parts. In the first part, the probate procedure is analyzed, starting from its initiation until ending with a final decision on inheritance, and of course, taking into account the reasons for the termination of the procedure. Next, the concept of termination of proceedings is observed and briefly are given the reasons for termination of proceedings prescribed by the Civil Procedure Act. The central part of the paper is an analysis of the reasons for the termination of the probate proceedings prescribed by the Inheritance Act. The concept of testamentary disposition and the concept of will are analyzed, as well as the reasons for the termination of the probate proceedings under the title of testamentary disposition, which are supported by national court decisions. The paper deals with individual reasons for the termination of probate proceedings, which does not mean that these are the only reasons for termination - these are the most common reasons that lead to the temporary suspension of probate proceedings.
{"title":"PREKID OSTAVINSKOG POSTUPKA (S POSEBNIM OSVRTOM NA RAZLOGE PREKIDA S NASLOVA OPORUČNOG RASPOLAGANjA) – „PRO ET CONTRA“ JAVNOBILjEŽNIČKOG PREKIDA","authors":"Gabrijela Mihelčić, Sebastian Knežević","doi":"10.46793/xixmajsko.1023m","DOIUrl":"https://doi.org/10.46793/xixmajsko.1023m","url":null,"abstract":"The paper deals with the institution of termination of probate proceedings and the reasons for termination under the title of testamentary disposition are especially highlighted. The paper is divided into two parts. In the first part, the probate procedure is analyzed, starting from its initiation until ending with a final decision on inheritance, and of course, taking into account the reasons for the termination of the procedure. Next, the concept of termination of proceedings is observed and briefly are given the reasons for termination of proceedings prescribed by the Civil Procedure Act. The central part of the paper is an analysis of the reasons for the termination of the probate proceedings prescribed by the Inheritance Act. The concept of testamentary disposition and the concept of will are analyzed, as well as the reasons for the termination of the probate proceedings under the title of testamentary disposition, which are supported by national court decisions. The paper deals with individual reasons for the termination of probate proceedings, which does not mean that these are the only reasons for termination - these are the most common reasons that lead to the temporary suspension of probate proceedings.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114978745","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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