Iskanje po katalogu digitalne knjižnice

Opis: The article examines the legal nature and transferability of the maximum mortgage under the Slovenian Law of Property Code (Stvarnopravni zakonik or in abbreviation SPZ), focusing on Article 146(4) and its interpretation in case law and theory. It first recalls the accessory nature of liens, which normally follow the secured claim as to creation, scope, transfer and extinction. Against this background, it shows how the maximum mortgage was designed to secure fluctuating or future claims arising from an ongoing creditor–debtor relationship, up to a registered ceiling amount. The authors reconstruct the prevailing Slovenian view that, in the case of a maximum mortgage, the accessory link exists not between individual claims and the mortgage but between the business relationship and the maximum mortgage as a protective right in rem. They contrast this functional understanding with the literal wording of Article 146(4) SPZ, which excludes the transfer of the mortgage when a secured claim is assigned, and with the conservative approach of the Supreme Court. According to its case law, an assigned claim secured by a maximum mortgage is transferred without security, which reduces its market value and narrows the practical usefulness of this instrument. Using German and Austrian law as key comparators, the article argues that the Slovenian solution is unnecessarily rigid and departs from models that allow, under certain conditions, the transfer or transformation of a maximum mortgage into a fixed mortgage when claims are assigned or when the credit relationship is reduced to a single outstanding claim. The authors endorse the more recent doctrinal position and the approach taken by the Higher Court of Ljubljana, under which individual “sub-mortgages” arise within the maximum mortgage and accompany the assigned claim to the new creditor, creating a community of mortgagees governed by general rules of the Obligations Code. The general view that a maximum mortgage is more flexible than a fixed mortgage is, in the Slovenian context, undermined by the current statutory wording and restrictive case law, which call for a systemic and functional reinterpretation of Article 146 SPZ – or, failing that, for legislative reform.
Ključne besede: maximum mortgage, accessory nature of mortgages, transfer of secured claims, Article 146 SPZ, Slovenian case law, comparative property law
Objavljeno v DKUM: 07.01.2026; Ogledov: 0; Prenosov: 0
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Opis: On the 26 May 2023, the Convention on International Co¬ operation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes was adopted in Ljubljana, Slovenia. This contribution focuses on how the Convention closes the existing practical and legal gap hampering cross-border gathering of evi¬ dence in investigations focusing on core international crime. To this end, the drafting process and goals of the Convention are briefly outlined, before the author dissects its general provisions related to each phase of a request for mutual legal assistance: issuing of the request, its transmission to the execut¬ ingauthority, grounds for its refusal, and the execution phase (including the speciality principle and sharing of evidence via CICED). The Convention also contains some particularly detailed rules regarding specific requested for in¬ vestigation measures. Clauses on hearings by video-conference and joint in¬ vestigation teams are particularly well developed and therefore analysed by the author. However, even particularly well thought out provisions can only reach their potential if the Convention is signed by a sufficient number of states willing to end impunity for core international crime. The author argues that, beyond these considerations, for WB states, supporting the Convention is also in line with the Western Balkans Criminal Justice initiative promoted by Eurojust. He concludes that, by signing the Convention, any state sends a strong signal to the EU and its citizens that is aligned with European values.
Ključne besede: MLA Initiative, core international crime, mutual legal assistance, international criminal law, mla convention
Objavljeno v DKUM: 16.10.2025; Ogledov: 0; Prenosov: 2
Celotno besedilo (468,09 KB)

Opis: Arbitration represents a popular alternative dispute resolution mechanism in the European Union (EU). However, the coexistence of arbitration and court litigation in the EU legal area has been proven to be quite difficult to regulate. At the EU level, the Brussels I bis Regulation, i.e., the main instrument governing jurisdiction and recognition and enforcement of judgments in civil and commercial matters, explicitly states that arbitration does not fall under its scope. This ‘arbitration exception’ has led to difficulties in practice, many of which have found their way to the Court of Justice of the EU (CJEU). However, as the CJEU case law shows, it only led to new questions. As these issues will keep emerging, a different solution must be found. The perfect moment for such change is now, as the reform of the Brussels I bis Regulation is ongoing. This paper thus presents the intricacies of the ‘thorny’ interplay of arbitration and court litigation in the EU. In order to remedy the existing problems in practice, two potential solutions are suggested.
Ključne besede: arbitration exception, Brussels I bis Regulation, arbitration, EU civil procedure, private international law, court litigation
Objavljeno v DKUM: 02.10.2025; Ogledov: 0; Prenosov: 10
Celotno besedilo (547,61 KB)
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Ključne besede: medicine law, surrogacy, surrogate motherhood
Objavljeno v DKUM: 08.09.2025; Ogledov: 0; Prenosov: 5
Celotno besedilo (396,33 KB)
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Opis: This article aims to analyze a proposed amendment of 2021 to the Polish Criminal Code relating to abortion. The starting point for the considered legal solutions is the equalization of criminal law protection of human life before and after birth. This means that a termination of pregnancy is to be regarded as homicide, with all its attendant consequences. This article analyzes the legal implications arising from the proposed amendments both in relation to pregnant women and other persons (doctors, relatives and even employers of pregnant women). The far-reaching repressiveness of the future anti-abortion law that is rarely found in the modern world is demonstrated. The analysis is complemented with an attempt to diagnose the social consequences of the proposed amendments using historical and criminological texts concerning such situations in the past, as well as on the basis of sociological observations of current social trends. The authors believe that the proposed law will prove to be ineffective, and children (including unborn ones) will be maleficiaries rather than beneficiaries of the amendments in question.
Ključne besede: medicine law, criminal law, abortion, Poland
Objavljeno v DKUM: 08.09.2025; Ogledov: 0; Prenosov: 5
Celotno besedilo (465,85 KB)
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