{"title":"The right to freedom of movement for medical treatment: A case of \"reproductive tourism\" in the EU","authors":"J. Šimić","doi":"10.5937/pravzap0-24031","DOIUrl":"https://doi.org/10.5937/pravzap0-24031","url":null,"abstract":"","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":"71030843","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}
Institution of waqf in the Ottoman Empire was founded on the Balkan territories just after being conquered. Built on a waqf land, in accordance with Sharia Law, waqfs enjoyed special treatment. Waqfs immovable and movable property changed its status during their existence, but in a period of the Kingdom of Serbia, legal relations between waqfs and Serbian authorities became complicated, so it lasted until the Law of Islamic Community of the Kingdom of Yugoslavia was issued in 1930. We can say that the history of waqfs in the Principality of Serbia followed the destiny of Muslim population in accordance with historical and legal changes in Ottoman Empire, having in mind Hattisherif of Gulhane being proclaimed, 1839, so struggle for national liberation from Ottomans started in the Balkan Peninsula. This work includes research about history of the institution of waqf and status of it in the Principality of Serbia 1830-1878 during the period of Ottoman Empire power stagnation.
{"title":"On waqf institution and waqfs property in the Principality of Serbia 1830-1878: Legal and historical frame","authors":"D. I. Kolaj-Ristanović","doi":"10.5937/PRAVZAP0-20008","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-20008","url":null,"abstract":"Institution of waqf in the Ottoman Empire was founded on the Balkan territories just after being conquered. Built on a waqf land, in accordance with Sharia Law, waqfs enjoyed special treatment. Waqfs immovable and movable property changed its status during their existence, but in a period of the Kingdom of Serbia, legal relations between waqfs and Serbian authorities became complicated, so it lasted until the Law of Islamic Community of the Kingdom of Yugoslavia was issued in 1930. We can say that the history of waqfs in the Principality of Serbia followed the destiny of Muslim population in accordance with historical and legal changes in Ottoman Empire, having in mind Hattisherif of Gulhane being proclaimed, 1839, so struggle for national liberation from Ottomans started in the Balkan Peninsula. This work includes research about history of the institution of waqf and status of it in the Principality of Serbia 1830-1878 during the period of Ottoman Empire power stagnation.","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":"71029572","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}
{"title":"The practical consequences of supporting binary or continuum theory on development of corporate law in the European Union and in Serbia","authors":"M. Mijatović","doi":"10.5937/pravzap0-21101","DOIUrl":"https://doi.org/10.5937/pravzap0-21101","url":null,"abstract":"","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":"71029980","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}
{"title":"Discontinuance of arbitration proceedings under the ICSID rules","authors":"M. Stanivuković","doi":"10.5937/pravzap0-23764","DOIUrl":"https://doi.org/10.5937/pravzap0-23764","url":null,"abstract":"","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":"71030069","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}
{"title":"Roma as victims of hate crimes: Contemporary context (the case of Italy)","authors":"Darko Dimovski, Z. Grujić, Miomira P. Kostić","doi":"10.5937/pravzap0-22012","DOIUrl":"https://doi.org/10.5937/pravzap0-22012","url":null,"abstract":"","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":"71030175","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}
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.
{"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}
Within the European Union, numerous development projects have been created with the aim of harmonizing the civil law. These projects, created as a result of the work of lawyers and research centres across Member States of the European Union, are part of the so-called “soft law” and may serve as role models for national legislators, including here the Serbian lawmaker, for regulating certain issues. Development projects touch upon practically all aspects of contemporary civil law, to a greater or lesser extent, and the emphasis in this paper is to analyse the strict liability for damage as an important form of liability for damage in the modern world, full of increased risks to people and their environment. The development projects taken as examples of how this form of liability can be regulated in different manners are the Draft Common Frame of Reference and the Principles of European Tort Law. The aim of this paper is to determine whether Serbian legislation on strict liability can be improved through the introduction of rules from these acts.
{"title":"Different concepts of strict liability: The draft common frame of reference and the principles of European Tort Law as role models for Serbian Law?","authors":"M. Sekulić","doi":"10.5937/pravzap0-23029","DOIUrl":"https://doi.org/10.5937/pravzap0-23029","url":null,"abstract":"Within the European Union, numerous development projects have been created with the aim of harmonizing the civil law. These projects, created as a result of the work of lawyers and research centres across Member States of the European Union, are part of the so-called “soft law” and may serve as role models for national legislators, including here the Serbian lawmaker, for regulating certain issues. Development projects touch upon practically all aspects of contemporary civil law, to a greater or lesser extent, and the emphasis in this paper is to analyse the strict liability for damage as an important form of liability for damage in the modern world, full of increased risks to people and their environment. The development projects taken as examples of how this form of liability can be regulated in different manners are the Draft Common Frame of Reference and the Principles of European Tort Law. The aim of this paper is to determine whether Serbian legislation on strict liability can be improved through the introduction of rules from these acts.","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":"71030308","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}
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.
{"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}
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.
{"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}
The subject of this paper is city municipalities, one of the forms of local government at the lowest level in cities. The process of urbanization, the expansion of cities and the emergence of new ones, creates the need for internal decentralization. Decentralization comes when there is a need and it is estimated that another, lower level of government will perform more efficiently certain jobs. Due to the large number of inhabitants and the growing territory, the big cities are often organized two-step. Municipalities are the result of decentralization and are part of the territorial organization of cities. Although they are not units of local self-government, they have their own administration and affairs delegated by the city government from its own competencies. The regulation of city municipalities, their jobs and the way of financing, as well as a review of comparative solutions in the region, are the main issues discussed in this paper.
{"title":"City municipalities in the Republic of Serbia","authors":"Marija Pešović","doi":"10.5937/PRAVZAP0-21197","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-21197","url":null,"abstract":"The subject of this paper is city municipalities, one of the forms of local government at the lowest level in cities. The process of urbanization, the expansion of cities and the emergence of new ones, creates the need for internal decentralization. Decentralization comes when there is a need and it is estimated that another, lower level of government will perform more efficiently certain jobs. Due to the large number of inhabitants and the growing territory, the big cities are often organized two-step. Municipalities are the result of decentralization and are part of the territorial organization of cities. Although they are not units of local self-government, they have their own administration and affairs delegated by the city government from its own competencies. The regulation of city municipalities, their jobs and the way of financing, as well as a review of comparative solutions in the region, are the main issues discussed in this paper.","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":"71030086","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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