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1.
The current status of the preclusive effects of judgments in the federal court system of the United States of America
Thomas Allan Heller, 2020, original scientific article

Abstract: Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with finality of judgments in multiple party and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.
Keywords: res judicata, merger and bar, claim preclusion, issue preclusion, collateral estoppel, finality of judgments, US Federal District Courts, civil procedure
Published: 15.01.2021; Views: 106; Downloads: 0

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The standards of proof in medical malpractice cases
Nina Cek, 2020, original scientific article

Abstract: The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.
Keywords: medical malpractice, expert evidence, standards of proof, no-fault system, civil procedure rules
Published: 15.01.2021; Views: 52; Downloads: 14
URL Link to file

4.
Remediation of County road section ž6004
Jure Župan, 2019, master's thesis

Abstract: Master thesis represents the description of investigative geophysical, geotechnical as well as laboratory works that precede the design of a new pavement structure, within the remediation of County road Ž6004 damaged during heavy floods. As the first variant of remediation, the design of the new road structure is described using Croatian standard HRN U.C4.012, and as a second variant, the new design solution of road structure constructed using geosynthetic. Procedures for obtaining the key parameters required for designing using these methods are also described.
Keywords: civil engineering, remediation, investigative works, pavement structure, geosyntetics, HRN, reinforcing
Published: 03.09.2019; Views: 384; Downloads: 65
.pdf Full text (2,64 MB)

5.
The implementation of the antitrust damages directive in Slovenia
Petra Weingerl, 2016, original scientific article

Abstract: In December 2016, Member States need to implement the Antitrust Damages Directive. The Directive adopts the full compensation principle and expressly prohibits overcompensation. I will embark on an enquiry whether such an approach departs from the Slovene general regime of civil liability, in particular liability in damages. At face value, one might argue that the Slovene civil liability regime prohibits non- compensatory rationales for awarding damages. This article challenges this perception. It argues that there is a space for interpreting the rationale for damages in the Slovene private law, when this is justified with dissuasiveness and sufficient reasons are given, as well as embracing non- compensatory considerations, prevention and deterrence in particular. Regrettably, the judiciary does not necessarily keep in step with such an interpretation. However, there are tendencies in the legal scholarship to change the established case law. In this setting, the special liability regime based on the Directive, which prohibits overcompensation, can be seen as an exception to the general regime for damages awards in certain contexts. This approach is contrasted with damages awards regime in the labour law context, which is also based on the EU regulation. In this context, the Slovene legislator expressly embraced prevention and deterrence as rationales for the award of damages. Thus, legislation which is based on or influenced by EU law can lead to different outcomes in practice. It can either reinforce preventive tendencies of the general regime of civil liability or, as it is seen in the competition law context, undermine them. Nevertheless, the (proposed) Slovene implementing legislation opts for a solution that accommodates both the Antitrust Damages Directive and the general regime of civil liability.
Keywords: Antitrust Damages Directive, civil liability, damages, full compensation, prevention, deterrence
Published: 02.08.2018; Views: 367; Downloads: 44
.pdf Full text (521,66 KB)

6.
A general overview of enforcement in civil and commercial matters in Macedonia
Tatjana Zoroska-Kamilovska, Milka Rakočević, 2015, review article

Abstract: The paper discusses one of the currently most relevant topics in the area of civil law protection in the Republic of Macedonia. In 2005 Macedonia made a drastic step in reforming the system of civil enforcement: the previous court-oriented system of enforcement was replaced with the bailiff-oriented system. The enforcement procedure has ceased of being under the jurisdiction of the court and the enforcement was entrusted to enforcement agents - persons with public authorizations established by law, who conduct the enforcement. With the introduction of the new system of civil enforcement Macedonia strove to eliminate all dysfunctionalities of the system due to the slowness and the inefficiency of the enforcement procedure, which seriously affected the proper administration of justice. The paper gives a general overview regarding the Macedonian civil enforcement system with special emphasis on certain issues that are considered to be of major importance, such as the reforms that were implemented or being implemented regarding the system of civil enforcement, the legal basis of enforcement, the status and role of the enforcement agents in the legal system of the Republic Macedonia, the institutional framework, structure and order of the enforcement proceedings, the enforcement titles, as well as the issue regarding the means of enforcement and the distinction between enforcement and security measures.
Keywords: civil enforcement, enforcement agent, forcible execution, enforcement titles
Published: 02.08.2018; Views: 311; Downloads: 41
.pdf Full text (485,10 KB)
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7.
Introduction to copyright and collective management in competition law
Jorg Sladič, 2013, original scientific article

Abstract: Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.
Keywords: copyright, common law, droit d'auteur, civil law, collective management, intellectual property rights, dominant position, abuse of a dominant position, principle of solidarity, copyright related market, search market
Published: 01.08.2018; Views: 375; Downloads: 169
.pdf Full text (388,17 KB)

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The assesment of pile shaft resistance based on axial strain measurements during the loading test
Andrej Štrukelj, Stanislav Škrabl, Ksenija Štern, Janko Logar, 2005, original scientific article

Abstract: Near Maribor, a new bridge over the Drava river is being under construction. Before the main works actually started, static and dynamic loading tests of piles were performed. The goal of the static loading test was to determine the bearing capacitiy of the test pile. It was also interesting to determine the share of the axial load distributed on the shaft and pile toe. In order to measure the distribution of the axial force along the pile, a specially made steel canal was built in the pile before concreting. Inside this canal the strain gauges were distributed evenly at the distance of one meter. The strains were measured for each loading phase in all measuring points. The distribution of the axial force was assessed from the obtained results and based on the distribution of the axial force the shaft resistance could be determined. The unexpectedly high bearing capacity of the pile shaft made the obtained results highly interesting. In this paper, measuring methods and measuring results are discussed. Behaviour of the pile and the soil during the loading test were also modelled by axial symmetric and three dimensional models. The calculated and measured results show a very good agreement.
Keywords: civil engineering, bridges, soil mechanics, pile shaft resistance, loading test, strain measurements, elastoplastic soil modelling, finite element method
Published: 16.05.2018; Views: 587; Downloads: 35
.pdf Full text (987,58 KB)
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10.
The anchored pile wall optimization using NLP approach
Helena Vrecl-Kojc, 2005, original scientific article

Abstract: The type of a retaining structure as well as the structure configuration mainly depends on geological conditions. If geological, urban and other data allow an alternative, the costs should also be considered as an important factor. In geotechnical practise, pile walls are especially used in excavations, in the erection of traffic facilities and in the sanitation of landslides. This paper is aimed at presenting economical differences between cantilever and anchoring pile walls and the impact of different parameters on costs. The optimization method, which uses mathematical programming, gives an optimal solution to geometry, self-manufacturing costs, and other characteristics of the structure in a uniform optimization process. This paper presents the optimization process using the nonlinear programming (NLP) approach for the anchored pile wall. The application presented only serves to confirm the effectiveness of the proposed optimization method. Therefore, the retaining structure is situated in homogeneous non-cohesive soil at three different soil friction angles of 35°, 30° and 25°. The generalized analytical method, the USA method, which was first introduced by Bowles [3], isused in the application. The analysis of the results shows the impact of parameters, the main controlling factors, configuration geometry and savings. The optimal results allowed from 18 up to 47 per cent savings compared to the cantilever pile wall depending on ground and structure input data and the excavation depth.
Keywords: civil engineering, optimum design, retaining structures, USA analytical method, nonlinear programming
Published: 16.05.2018; Views: 462; Downloads: 38
.pdf Full text (216,45 KB)
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