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An overview of the law of attorney fees in the United States
Thomas Allan Heller, 2018, izvirni znanstveni članek

Opis: It often is said that in the United States each party pays their own attorney’s fees, win or lose, absent a contractual provision to the contrary or some recognized ground in equity. This basic proposition, which is true as far as it goes, is based on the so-called American Rule, which provides that in the United States each side in a litigated case is responsible for paying their own attorney, regardless of the outcome of the case. On its face this proposition seems simple. On the contrary, however, the laws in the United States governing attorney’s fees are surprising quite complex. This article provides a general survey of the patchwork of laws, federal and to a lesser extent state, and the author will demonstrate that rules and laws governing attorney’s fees are often grounded in important public policy and fundamentally shape important issues, such as access to the courts and the legal system more generally. Unfortunately, many United States citizens have been priced out of the legal market under the current system.
Ključne besede: attorney’s fees, fee-shifting, fee arrangements, American Rule, court access
Objavljeno: 03.08.2018; Ogledov: 18; Prenosov: 5
.pdf Celotno besedilo (457,99 KB)

Creation of own reserves for own shares in the acquisition of own shares for withdrawal by simplified procedure under Slovenian law where the consideration is paid in instalments
Gregor Drnovšek, 2018, izvirni znanstveni članek

Opis: During the process of withdrawing own shares, the rules that are relevant, among others, to their acquisition by the company are regulations governing the creation of reserves for own shares. The regulations are clear in cases where the company acquires their own shares simultaneously with the payment of the purchase price. This article will pertain to the proper application of these regulations according to Slovenian law, specifically in cases where the company pays the purchase price for their own shares, which it intends to withdraw after acquisition, in instalments, and acquires their own shares only after paying the last instalment of the purchase price.
Ključne besede: reserves for own shares, protection of creditors, purchase price paid in instalments, capital maintenance principle, withdrawal of own shares, joint-stock company, balance sheet law
Objavljeno: 03.08.2018; Ogledov: 15; Prenosov: 3
.pdf Celotno besedilo (554,40 KB)

The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: ADR, arbitration, mediation, outsourced mediation, court- connected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 02.08.2018; Ogledov: 46; Prenosov: 3
.pdf Celotno besedilo (669,18 KB)

Selected legal problems of online advertising
Aleksandra Nowak-Gruca, 2018, izvirni znanstveni članek

Opis: The aim of this article is to analyse the most important issues related to the latest forms of online advertising. In particular, appreciating the importance of online advertising in the development of the information society, the question is then raised about the legal limits of the admissibility of advertising, which is invasive, insistent or contains hidden meaning, inaccessible to the recipient's awareness of content. This issue has been presented from the perspective of European Union (EU) law, in the context of selected directives relevant for online advertising. The problem raised in the article deserves to be developed because we observe a sharp increase in the importance of the Internet, and the online advertising issue has not been the subject of comprehensive regulation in EU law.
Ključne besede: online advertising, native advertising, product placement, unfair competition, integrity in advertising
Objavljeno: 02.08.2018; Ogledov: 43; Prenosov: 2
.pdf Celotno besedilo (327,57 KB)

Medical-legal aspects of confidentiality in the field of pharmaceutical health care
Hajrija Mujovic, 2017, izvirni znanstveni članek

Opis: The field of pharmaceutical health care is becoming increasingly established. Modernly, pharmacists learn more from patients about their prescriptions and other very personal, sensitive information. However, having access to an ever-increasing amount of sensitive, personal information raises serious issues pertaining to patient secrets and confidentiality. The term professional secrecy (hereinafter confidentiality) as well as any other form of discretion connected with a professional activity is construed broadly. However, the precise scope of confidentiality is not strictly defined in legislation. Obligation of professional secrecy has been diminished partly due to the general progress in a society and the progress of medical professions. The development of the protection of human rights is a continuous process.
Ključne besede: pharmaceutical services, privacy, confidentiality, professional secrecy, liability
Objavljeno: 02.08.2018; Ogledov: 46; Prenosov: 2
.pdf Celotno besedilo (372,26 KB)

The criminal offense of abuse of position or trust in business activity and the limits of free economic initiative
Zlatan Dežman, 2017, izvirni znanstveni članek

Opis: The criminal offense of abuse of position or trust in business activity within the meaning of the Slovenian Criminal Code is the most common criminal offense against the economy. To adequately assess such an offense it is essential to clarify at the very beginning of the criminal proceedings that all preliminary questions have their origin in the field of civil, corporative and commercial law. In other words, the difficulty of problem solving for such cases in later stages of the process only intensifies, as the decision-making process becomes more and more difficult and can cause delays. And even in cases where the facts are undisputed, the whole issue concentrates primarily around the dispute regarding the issue of material criminal law. The purpose of this paper is to present the above mentioned issues, firstly from a more theoretical perspective on freedom of economic (business) initiative in a postmodern era, followed by a presentation of the criminal law subsystem dealing also with phenomena from the economic subsystem, and lastly by a presentation of the Slovenian Criminal Code in regards to prosecution and adjudication of economic crimes and its difficulties, specifically by using the example of the above mentioned offense.
Ključne besede: free economic initiative, criminal offense of abuse of position or trust in business activity, standard of good businessman, blanket criminal offense, factual questions, legal questions, legal description of the offense
Objavljeno: 02.08.2018; Ogledov: 52; Prenosov: 3
.pdf Celotno besedilo (452,38 KB)

Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, izvirni znanstveni članek

Opis: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Ključne besede: social market economy, competition protection, state aid, institution building, Serbia
Objavljeno: 02.08.2018; Ogledov: 45; Prenosov: 2
.pdf Celotno besedilo (444,68 KB)

Calculation of price reduction in international sale of goods contracts
Sandra Fišer Šobot, 2017, izvirni znanstveni članek

Opis: Price reduction is a part of The United Nation Convention on Contract for the International Sale of Goods remedial scheme and is available to the buyer if delivered goods are not in conformity with the sales contract. Price reduction is a very suitable remedy and offers numerous advantages in comparison to other remedies. It is widely used in practice. However, diverging scholarly interpretations and relevant case law show that there are some ambiguities and uncertainties as to its calculation. This paper will examine relevant issues regarding the calculation of price reduction.
Ključne besede: international sale of goods, CISG, buyer’s remedies, non- conformity, price reduction, calculation of price reduction
Objavljeno: 02.08.2018; Ogledov: 50; Prenosov: 5
.pdf Celotno besedilo (437,82 KB)

Jurisdiction in on-line defamation and violations of privacy
Jerca Kramberger Škerl, 2017, izvirni znanstveni članek

Opis: This article will address the rules of EU private international law regarding the international jurisdiction in defamation and the violations of the right to privacy committed via the internet. Being that there is no common conflict of laws rule regarding these issues and a number of different courts hold jurisdiction, great efforts are being taken to prevent the so called "forum shopping", or, as regards to defamation, "libel tourism". It is namely very hard to strike a fair balance between the procedural rights of both parties, since this is strongly connected with striking a balance between the freedom of speech, on one hand, and personality rights, on the other, all of which are fundamental rights. During the internet era, the problems regarding cross-border issues on defamation and privacy cases rose to a whole new dimension. The interpretation of the traditional connecting factor, the place where the harmful event occurred, became very difficult. Over the years, the Court of Justice of the EU has issued several milestone judgments interpreting Article 7(2) of the Brussels I Recast Regulation in such a way that the particularities of violations committed via the internet are taken into account.
Ključne besede: defamation, personality rights, privacy, jurisdiction, private international law, libel tourism, forum shopping, Brussels I Recast, torts, delicts
Objavljeno: 02.08.2018; Ogledov: 41; Prenosov: 2
.pdf Celotno besedilo (511,68 KB)

The analysis of active bribery in positive criminal law of Germany and Austria
Mijo Galiot, 2017, izvirni znanstveni članek

Opis: The criminal policy of preventing the commission of crimes, especially corruption and bribery, is of great importance for every regulated legal system. The success of the named policy depends largely on the overall political and economic development of each country. In support of the existing scientific debate, this paper analyses the positive criminal law regulation of the Federal Republic of Germany and the Republic of Austria with regard to the question of active bribery as one of the main forms of corrupt behaviour. The author will comparatively present the German and Austrian criminal systems, which, same as the Croatian, belong to European continental criminal legal system, and will thus address the fundamental similarities and differences between the legal regulations of active bribery within the named legislations.
Ključne besede: benefit, corruption, active bribery, prosecution, punishment, criminal sanctions
Objavljeno: 02.08.2018; Ogledov: 36; Prenosov: 2
.pdf Celotno besedilo (399,06 KB)

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