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1.
Is it high time to redefine the legal framework on cohabitation in family law?
Nana Weber, 2024, izvirni znanstveni članek

Opis: Cohabitation is an institution of Slovenian family law quite similar in effect to marriage in that it creates the same rights and obligations. However, unlike marriage, its existence must be proved in each individual proceeding separately which creates difficulties, particularly in practice. This situation is exacerbated by the fact that the existence of cohabitation in the Slovenian Family Code is defined exclusively using rather vaguely defined legal standards. In this article, the author gives an overview of the current relevant case-law of Slovenian courts on cohabitation and discusses the possibilities for future legal regulation of the establishment of this community.
Ključne besede: cohabitation, family law, new regulation, case law, registration, notary
Objavljeno v DKUM: 13.08.2025; Ogledov: 0; Prenosov: 2
.pdf Celotno besedilo (453,92 KB)
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Legal analysis of public authorities of Chamber for the Development of Slovenian Private Security - de lege lata and de lege ferenda
Iztok Rakar, Bojan Tičar, 2015, pregledni znanstveni članek

Opis: Purpose: This paper examines the development of delegation of public authorities to the Chamber for the Development of Slovenian Private Security. Based on an evaluation of past and present experiences, the authors set guidelines for future legal regulation and administrative practice. Design/Methods/Approach: The research presented here is based on an analysis of legal regulation and theory of public authorities, of the case law of the Constitutional Court of the Republic of Slovenia, and of the administrative inspection reports on implementation of public authorities of former Chamber of the Republic Slovenia for Private Security. Findings: Public authorities are institutes of Slovenian constitutional and administrative law. An analysis of sector-specific laws shows that a variety of administrative tasks is delegated to subjects of public and private law (e.g., public enterprises, chambers and individuals). In practice, the delegation of public authorities poses several major problems: ex ante, justifications of delegation are very vague and not supported by analyses, while ex post evaluations of delegation are non-existent and supervision of the implementation of public authorities is insufficient. In practice, supervision is mainly the result of malpractice as identified by random checks or the media, and not the result of systematic activity. The public authorities of professional chambers present a special problem. Public authorities of the former Chamber of the Republic Slovenia for Private Security pertaining to the licensing and professional supervision of members of the chamber have been withdrawn based on findings by administrative inspections. Research Limitations / Implications: The research is limited to Slovenia, but the findings are relevant for other “young democracies” in the region and of potential interest to Western European democracies. Originality/Value: The analysis addresses key problems in delegating and implementing public authorities, evaluates the results of experiences, and offers possible solutions.
Ključne besede: public authorities, private security, chamber, case law, constitutional court, Slovenia
Objavljeno v DKUM: 16.04.2020; Ogledov: 914; Prenosov: 42
.pdf Celotno besedilo (548,90 KB)
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4.
Medicine between ethics and scientific progress : how much ethics needs medicine, how much ethics can it afford?
Joseph Straus, 2015, izvirni znanstveni članek

Opis: The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.
Ključne besede: ethics, scientific progress, costs of R&D, role of patents, CJEU case law
Objavljeno v DKUM: 08.10.2018; Ogledov: 960; Prenosov: 63
.pdf Celotno besedilo (840,59 KB)
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