Pub Date : 2023-06-10DOI: 10.55836/zbornik_pip_2202a
Vladimir Kozar, Nemanja Aleksić
This paper analyses provisions of the law, the standpoints of domestic court practice and the opinions of jurisprudence on the transfer of rights and obligations to the bankruptcy manager, as the most important consequence of opening bankruptcy proceedings against the bankruptcy debtor. It was pointed out that the representation and management function are merging in the person of the bankruptcy manager, while the members and shareholders of the bankruptcy debtor retain the ownership function with significant restriction of rights, which results in the suspension of the company’s assembly. The standpoint on the admissibility of the appeal of the majority shareholder against the decision to open bankruptcy proceedings is presented. The effects of bankruptcy on the loss of legal capacity and the transfer of representation rights to the bankruptcy manager, as well as on the limitation of the legal capacity of the bankruptcy debtor are explained. Different views on the legal position of the bankruptcy manager were pointed out. Issues related to the function of interim bankruptcy manager as a sui generis security measure after the revocation of the decision to open bankruptcy proceedings were considered. Also, theoretical and practical issues related to limiting the liability of the bankruptcy manager for damage caused to participants in the proceedings were analyzed, with different views and criticism of existing legal solutions.
{"title":"Prelazak prava i obaveza na stečajnog upravnika kao posledica otvaranja stečajnog postupka","authors":"Vladimir Kozar, Nemanja Aleksić","doi":"10.55836/zbornik_pip_2202a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2202a","url":null,"abstract":"This paper analyses provisions of the law, the standpoints of domestic court practice and the opinions of jurisprudence on the transfer of rights and obligations to the bankruptcy manager, as the most important consequence of opening bankruptcy proceedings against the bankruptcy debtor. It was pointed out that the representation and management function are merging in the person of the bankruptcy manager, while the members and shareholders of the bankruptcy debtor retain the ownership function with significant restriction of rights, which results in the suspension of the company’s assembly. The standpoint on the admissibility of the appeal of the majority shareholder against the decision to open bankruptcy proceedings is presented. The effects of bankruptcy on the loss of legal capacity and the transfer of representation rights to the bankruptcy manager, as well as on the limitation of the legal capacity of the bankruptcy debtor are explained. Different views on the legal position of the bankruptcy manager were pointed out. Issues related to the function of interim bankruptcy manager as a sui generis security measure after the revocation of the decision to open bankruptcy proceedings were considered. Also, theoretical and practical issues related to limiting the liability of the bankruptcy manager for damage caused to participants in the proceedings were analyzed, with different views and criticism of existing legal solutions.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127418108","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2204a
Radmila Dragišić
In this paper, through the application of analytical and synthetic methods, where content analysis and comparative analysis occupy a central place, the Achme case is considered as a selected example from the jurisprudence of the Court of Justice of the European Union. The case is being considered to find out about its impact on the position of Intra-EU bilateral investment agreements and its potential to establish legal certainty in the absence of explicit provisions in European organization law governing the relationship between EU-Intra BITs and European Union law. The paper also analyzes the Agreement on the Termination of Bilateral Investment Agreements of 5 May 2020 between European Member States, which followed the Achmea case and represents the continuation of institutional action of the Union in the direction of repealing Intra-EU BITs.
{"title":"Uticaj slučaja „Achmea“ na položaj intra-EU bilateralnih investicionih ugovora","authors":"Radmila Dragišić","doi":"10.55836/zbornik_pip_2204a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2204a","url":null,"abstract":"In this paper, through the application of analytical and synthetic methods, where content analysis and comparative analysis occupy a central place, the Achme case is considered as a selected example from the jurisprudence of the Court of Justice of the European Union. The case is being considered to find out about its impact on the position of Intra-EU bilateral investment agreements and its potential to establish legal certainty in the absence of explicit provisions in European organization law governing the relationship between EU-Intra BITs and European Union law. The paper also analyzes the Agreement on the Termination of Bilateral Investment Agreements of 5 May 2020 between European Member States, which followed the Achmea case and represents the continuation of institutional action of the Union in the direction of repealing Intra-EU BITs.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116679967","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2201a
Mladen Nikolic
This article concerns a mortgage contract and a pledge statement as specific enforceable documents prescribed by The Law on Mortgage, but also by The Law on Enforcement and Security Interest. These enforceable documents, whose form and content are regulated in detail by The Law on Mortgage, give a creditor the opportunity to simultaneously secure a monetary claim and gain an enforceable document which will be, when a claim is due, the basis for the satisfaction of the claim in legally prescribed out-of-court or so-called judicial proceedings. The author explained that, in his opinion, a mortgage contract and a pledge statement do not need a certificate of enforceability, because enforceability of these enforceable documents is usually established by their content, and it is important that the monetary claim is due. A lawsuit can be brought against the enforceable documents and certain court cases are also mentioned. A creditor can choose to satisfy his claim according to the rules prescribed by The Law on Mortgage or by The Law on Enforcement and Security Interest, but there is a deadline for making that choice.
{"title":"Ugovor o hipoteci i založna izjava kao izvršne isprave","authors":"Mladen Nikolic","doi":"10.55836/zbornik_pip_2201a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2201a","url":null,"abstract":"This article concerns a mortgage contract and a pledge statement as specific enforceable documents prescribed by The Law on Mortgage, but also by The Law on Enforcement and Security Interest. These enforceable documents, whose form and content are regulated in detail by The Law on Mortgage, give a creditor the opportunity to simultaneously secure a monetary claim and gain an enforceable document which will be, when a claim is due, the basis for the satisfaction of the claim in legally prescribed out-of-court or so-called judicial proceedings. The author explained that, in his opinion, a mortgage contract and a pledge statement do not need a certificate of enforceability, because enforceability of these enforceable documents is usually established by their content, and it is important that the monetary claim is due. A lawsuit can be brought against the enforceable documents and certain court cases are also mentioned. A creditor can choose to satisfy his claim according to the rules prescribed by The Law on Mortgage or by The Law on Enforcement and Security Interest, but there is a deadline for making that choice.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121912831","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2203a
Vanja Serjević
The article deals with the legal consequences of the death of the sole member and representative of a single-member limited liability company, analysed in a judicial case upon the creditor’s bankruptcy application against the company – which was filed before the ending of the intestate succession proceedings before the probate court. The analysis brought to light numerous deficiencies and discrepancies of the following systemic laws of the Republic of Serbia: The Bankruptcy Act, The Companies Act, The Succession Act, etc. Author makes proposals for the amendments of the pertinent acts of law in the conclusion.
{"title":"Neuređene pravne posledice smrti fizičkog lica kao jedinog člana i zastupnika društva s ograničenom odgovornošću","authors":"Vanja Serjević","doi":"10.55836/zbornik_pip_2203a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2203a","url":null,"abstract":"The article deals with the legal consequences of the death of the sole member and representative of a single-member limited liability company, analysed in a judicial case upon the creditor’s bankruptcy application against the company – which was filed before the ending of the intestate succession proceedings before the probate court. The analysis brought to light numerous deficiencies and discrepancies of the following systemic laws of the Republic of Serbia: The Bankruptcy Act, The Companies Act, The Succession Act, etc. Author makes proposals for the amendments of the pertinent acts of law in the conclusion.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"221 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120861107","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2205a
Milisav Sekulić
Rising living standards and social development have increasingly placed emphasis on services that meet various human needs. However, as useful as services are, due to their defects, they can be unsafe and in case of a damage service provider is liable for it. At the European Union level there is no regulation or directive that regulates liability of the provider for the defective service and this liability has remained in the domain of the national regulations of the European Union member states and is still largely based on the service provider’s fault. In this paper, we will analyze the basic elements of liability of the provider for the defective service to see how this liability works in the EU member states. Certainly, we will analyze Serbian law in order to notice whether it can be improved with experiences from other legal systems.
{"title":"Odgovornost pružaoca usluge sa nedostatkom na evropskom nivou i u pravu Srbije","authors":"Milisav Sekulić","doi":"10.55836/zbornik_pip_2205a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2205a","url":null,"abstract":"Rising living standards and social development have increasingly placed emphasis on services that meet various human needs. However, as useful as services are, due to their defects, they can be unsafe and in case of a damage service provider is liable for it. At the European Union level there is no regulation or directive that regulates liability of the provider for the defective service and this liability has remained in the domain of the national regulations of the European Union member states and is still largely based on the service provider’s fault. In this paper, we will analyze the basic elements of liability of the provider for the defective service to see how this liability works in the EU member states. Certainly, we will analyze Serbian law in order to notice whether it can be improved with experiences from other legal systems.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123028013","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2206a
Marija Vićić Simić
This article summarizes issues related to unclear criteria relevant for the territorial application of the Digital Assets Law in marginal situations in which certain types of digital assets are offered (through the initial offering or secondary trading) by foreign entities to Serbian resident and in which the services related to such digital assets are performed from abroad. In the first part of the article the author shows a brief analysis of the main reasons for regulation of the digital assets and main institutes of the Digital Assets Law given that the regulation is still new, and its application began in mid-2021, while the issue related to territorial application of the said law is elaborated in the second part of the article.
{"title":"Teritorijalna primena Zakona o digitalnoj imovini","authors":"Marija Vićić Simić","doi":"10.55836/zbornik_pip_2206a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2206a","url":null,"abstract":"This article summarizes issues related to unclear criteria relevant for the territorial application of the Digital Assets Law in marginal situations in which certain types of digital assets are offered (through the initial offering or secondary trading) by foreign entities to Serbian resident and in which the services related to such digital assets are performed from abroad. In the first part of the article the author shows a brief analysis of the main reasons for regulation of the digital assets and main institutes of the Digital Assets Law given that the regulation is still new, and its application began in mid-2021, while the issue related to territorial application of the said law is elaborated in the second part of the article.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131089172","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 : 2023-06-10DOI: 10.55836/zbornik_pip_2207a
Ivana Danilović Terzić, Jovana Mihailović
In this paper, the authors strive to define the activities of virtual currency services provider and, regarding the nature of those activities, to emphasize certain specific features of the rules regulating its business. Having this in mind, at the first place the crucial characteristics of certain virtual currency services are analysed, with underlying distinction between some, at the first glance, similar activities and with pointing out the role of the supervisory authority in determining the nature and domain of this activities regarding the best supervisory standards. There-after, the review of certain aspects of business is given reflecting requirements applicable to those high-risk subjects whose aim is to provide appropriate risk management. Finally, regarding the role of supervisory authority in conducting business of this subjects, the special emphasis is on supervision so the types of supervision, as well as measures that can be used by the supervisory authority are clarified etc.
{"title":"Osobenosti poslovanja pružalaca usluga povezanih s virtuelnim valutama kroz prizmu njihove delatnosti","authors":"Ivana Danilović Terzić, Jovana Mihailović","doi":"10.55836/zbornik_pip_2207a","DOIUrl":"https://doi.org/10.55836/zbornik_pip_2207a","url":null,"abstract":"In this paper, the authors strive to define the activities of virtual currency services provider and, regarding the nature of those activities, to emphasize certain specific features of the rules regulating its business. Having this in mind, at the first place the crucial characteristics of certain virtual currency services are analysed, with underlying distinction between some, at the first glance, similar activities and with pointing out the role of the supervisory authority in determining the nature and domain of this activities regarding the best supervisory standards. There-after, the review of certain aspects of business is given reflecting requirements applicable to those high-risk subjects whose aim is to provide appropriate risk management. Finally, regarding the role of supervisory authority in conducting business of this subjects, the special emphasis is on supervision so the types of supervision, as well as measures that can be used by the supervisory authority are clarified etc.","PeriodicalId":421992,"journal":{"name":"Zbornik radova sa XXX Susreta pravnika u privredi Republike Srbije","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131285318","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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