Pravni zapisi

A NEW FRONTIER: THE CHALLENGES SURROUNDING THE DEEPENING IMPACT OF DATA PROTECTION REGULATIONS ON BANKRUPTCY LAW

2023-12-25T11:26:28+01:00

Notwithstanding the unprecedented and global prestige that data privacy (or data protection, in Europe) law has gained in the 21st century, comparative analyses of the effects flowing from the intensifying impact of data protection law on bankruptcy (insolvency) law remain unexplored. In addition to canvassing the history and contours of the data protection–bankruptcy law interface, through an empirical com- parison of available court and data protection agency (authority) cases in multiple jurisdictions, this article fills this gap by identifying and exemplifying various modalities through which data protection law interferes with the bankruptcy process or creates tensions between the two branches of law, based on the comparison of available court and data protection authority (agency) cases in Europe (including the United Kingdom), the United States, as well as Canada and China, as middle-ground systems.

A NEW POSSIBLE INTERPRETATION OF DIGEST OF JUSTINIAN D.9.2.27.14: A CONTRIBUTION TO THE STUDY OF PRECURSORS OF ENVIRONMENTAL LAW IN ROMAN LAW

2023-12-25T11:26:28+01:00

The paper addresses the meaning of the Digest of Justinian 9.2.27.14, which deals with the case of damage caused by contamination of the soil by weeds. The author of this paper concludes that neither Celsus nor Ulpian had any doubt that in the case of the contamination of soil an interdictum quod vi aut clam could be brought, but only within a period of one year following the damage. This interdict is granted to either the owner, and, if the land was subject of the contract of lease, to the tenant (lessee), but only to one of them. Furthermore, an Aquilian action could also be brought, but only one of these two legal instruments could be used. The lawsuit could be brought both by the owner or by the tenant. The actio is granted to both the the owner and the lessee, not as an actio directa, but as an actio in factum ex lege Aquilia. The reason for this cannot be established with certainty.

THE ENACTMENT OF ARTICLE 11 OF THE ITALIAN CONSTITUTION: BETWEEN DOMESTIC AND INTERNATIONAL LAW

2023-12-25T11:26:28+01:00

Starting from the recent invasion of Ukraine by the Russian army, this essay reflects on the meaning, scope, and application of Article 11 of the Italian Constitution. In particular, the paper analyzes, from a diachronic perspective, the rejection of war by examining its practical implications and focusing on the interrelationships between constitutional law and international law in defining the concept of war and collective self-defense.

THE EFFECTS OF MODERN TECHNOLOGY ON LEGAL CERTAINTY IN TAX LAW: THE NEW FRONTIER

2023-12-25T11:26:29+01:00

The speedy reforms of Serbia’s tax legislation, often introduced on the basis of comparative sources, has created a significant body of dormant legislation, due to the lack of knowledge and experience to implement them. The article explores some aspects of legitimacy of Serbian tax legislation, namely the consequences of the misalignment of tax law provisions with taxpayers behavior, using the exam- ple of unregistered freelancer taxation. The authors address fundamental legal certainty issues arising from the clash between changes brought on by innovation and imposition of static tax legislation to circumstances unimaginable at the time the legislation was enacted. Analysis has shown that Serbian legislation and caselaw do not provide an effective remedy for these cases, since the principle of legitimate expectations, as developed elsewhere in Europe, is still distant. The authors propose a specific institutional mechanism for overcoming uncertainty in similar situations.

DISSENTERS AND DISSIDENTS: RELIGIOUS CONSCIENTIOUS OBJECTORS UNDER YUGOSLAV MILITARY CRIMINAL LAW 19451991

2023-12-25T11:26:29+01:00

The paper presents results of a research focusing on a four decades’ struggle for legal recognition of the right to conscientious objection in Socialist Yugoslavia. Without a pretense to evaluate it, the paper aspires to describe and explain the evolution of Yugoslav Military Criminal Law by examining its distinctive historical causes and inner logic. Methodologically, the study relies on normative analysis of relevant legal sources that have been either understudied or simply disregarded. It analyzes especially the 1989 Amendment to the Military Service Obligation Act that introduced the right to conscientious objection into the Yugoslav socialist legal system, as well as related archival materials, newspaper reports and other written accounts depicting the political background of the 1989 legal reform. The study sheds light on socialist secularism and questions the common perception of the Yugoslav People’s Army as a conservative institution unwilling to compromise. It also contributes to a broader theoretical discussion on the ambiguous nature of conscientious objection as a right and/or a privilege.

COMPLIANCE OFFICERS IN SERBIA: EMPLOYEES OR INTERIM MANAGERS?

2023-12-25T11:26:29+01:00

The first part of the paper analyzes the principle of legality in business and the basic features of the compliance function. Taking into account that the principle of legality in business is one of the core pillars for achieving good corporate governance, having a person who will perform the compliance function is of great significance. The legal position of the compliance officer may be differently regulated, whether as an employee or an outsourced expert. The second part of the paper deals with these two options taking into account the standing practice in the United Kingdom and Germany, where the compliance function has a long tradition. These examples may be challenging for Serbia to follow, since its compliance function is at the very beginning, although having a compliance officer (team) as an employee should be the ultimate objective. In the meantime, the authors propose for Serbian companies to hire compliance officers as interim managers as a solution.

POSTHUMOUS REPRODUCTION: LIFE AFTER DEATH?

2023-12-25T11:26:29+01:00

This paper reviews the issue of posthumous reproduction at the international and domestic levels. The overview covers the legal systems of the United Kingdom, as a country that allows posthumous reproduction, and France, as a country that prohibits posthumous reproduction. Subsequently, Serbian legal provisions, which forbid posthumous reproduction, are analyzed. The provisions are analyzed through the lens of the recent private initiative submitted to Serbian national authorities. Although infertility is a great obstacle in life, the proposed amendments present are one-sided as they mainly focus on fulfilling the individual’s wish to become a parent, rather than on creating a legal framework. As a result, and bearing in mind that no consensus has been reached regarding the issue of permissibility of posthumous reproduction, the author determines that Serbian legislator is not at fault – at least for the time being.

ELECTRIC VEHICLES IN SERBIA: INSTRUMENT FOR THE ENERGY TRANSITION?

2023-12-25T11:26:29+01:00

The increasing global impact of climate change has not circumvented Serbia. Committed to take measures that will reduce the impact of climate change through numerous international conventions, the Republic of Serbia has started implementing the energy transition as one of the instruments with which it aims to achieve the set goals. Electric and hybrid vehicles represent one of the ways that the energy transition can be accelerated; the initial provisions on them found their place in positive law in April 2021. This paper will discuss whether the adopted regulations in this area represent a good starting point for achieving the goals of the energy transition, as well as what further measures need to be implemented in order to achieve the desired effect.