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1.
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: 15.01.2021; Ogledov: 106; Prenosov: 151
URL Povezava na datoteko
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2.
The principle of mutual recognition in the area of freedom security and justice
Mihael Pojbič, 2019, magistrsko delo

Opis: Mutual recognition in the EU is both a goal and a principle in of itself, constructed and operationalised through individual provisions. The principle of mutual recognition is regarded as fundamental in enabling cooperation between Member States both in civil and criminal matters. The principle of mutual recognition has long ago outgrown the Internal Market and seeped through into judicial matters between Member States in the AFSJ. The accompanying realisation that the EU is not just an economic area is therefore evident. Since the inception of the idea of a Europe free of classical border checks facilitating freedom of movement was manifested, the fear of circumventing the application of judicial decisions became evermore real. Therefore, monumental changes in the fields of international criminal and international private law were expected and implemented in the European union (EU), through the principle of mutual trust and mutual recognition. Subsequently, classical concepts of private international and international criminal law gave way to Europeanised concepts of exequatur, the public policy exception, the principle of reciprocity, the principle of double criminality and the principle of specialty to name a few. It should be noted that these rules had been reserved to be enacted by the Member States. However, by loosening those principles the guarantees and freedoms which they either explicitly or implicitly guard are in danger of being sidestepped in order to enable mutual recognition. Therefore, at the forefront of the debate of mutual recognition of judicial decisions is the question of protecting fundamental rights and legal principles enshrined both in European and domestic legislation of the Member States. The balancing act that the EU preforms has to be careful enough to facilitate mutual recognition while not jeopardizing mutual trust between Member States. Today both EU private international law and EU criminal law work on the basis of the provisions which facilitate mutual recognition and limit it within the AFSJ. Since the basic idea behind mutual recognition is the same, i.e. free movement of judicial decisions, both their manifestations and their limits should strive to respect the basic framework of the field of law form which they stand. While the principle of mutual recognition has been slowly and methodically evolving, there is a sense of urgency with the development of the principle of mutual recognition in criminal matters.
Ključne besede: The principle of mutual recognition, European arrest warrant, Exequatur, Surrender, General principles of EU law, Recognition and enforcement of judgements, double criminality
Objavljeno: 17.12.2019; Ogledov: 513; Prenosov: 78
.pdf Celotno besedilo (885,55 KB)

3.
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: 597; Prenosov: 248
.pdf Celotno besedilo (554,40 KB)
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4.
Public policy in Brussels regulation I
Tomaž Keresteš, 2016, izvirni znanstveni članek

Opis: This article deals with the notion of public policy in the framework of Brussels system the past, present and future. Author concludes that Brussels I Recast Regulation did not change much regarding the public policy issue. Even though initially there were thoughts that it should be removed from the system altogether, at the end only the exequatur has been abolished, but the public policy exception remained. As there was no significant change related to the public policy exception in the last Regulation, all the case law made under Brussels Convention and Brussels I Regulation is still applicable. This means that the public policy exception can be based on either procedural or substantive public policy arising out of national legal order and suitable for international relations (international public policy). There are also emerging contours of pure EU public policy. However, this one is still not supplementing the public policy based on national legal rules as this is a hallmark of European diversity.
Ključne besede: Brussels Regulation I, Brussels Convention, Court of Justice of the EU, contradictory principle, judgement, public policy
Objavljeno: 02.08.2018; Ogledov: 607; Prenosov: 50
.pdf Celotno besedilo (613,01 KB)
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5.
Introduction to copyright and collective management in competition law
Jorg Sladič, 2013, izvirni znanstveni članek

Opis: 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.
Ključne besede: 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
Objavljeno: 01.08.2018; Ogledov: 433; Prenosov: 187
.pdf Celotno besedilo (388,17 KB)

6.
General principles in European small claims procedure
Bettina Nunner-Krautgasser, Philipp Anzenberger, 2012, izvirni znanstveni članek

Opis: The European Small Claims Regulation has been offering an alternative proceeding for small claims litigation in cross-border cases for almost four years now. Along with several important procedural simplifications, however, came considerable restrictions regarding the principles of public and oral proceedings established in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Critics claim especially that the court’s power to omit any oral hearing in a Small Claims Procedure cannot fulfill the requirements of the Convention and the Charter. This question is going to be further investigated in the course of this paper. Before doing so, however, a rough overview of the scope, of some general principals and of the conduct of the European Small Claims Procedure shall be provided.
Ključne besede: European Small Claims Procedure, procedural simplifications, written procedure, principle of public proceedings, principle of oral proceedings, compliance
Objavljeno: 01.08.2018; Ogledov: 375; Prenosov: 19
.pdf Celotno besedilo (206,61 KB)

7.
Foreign insolvent debtor
Jorg Sladič, 2012, izvirni znanstveni članek

Opis: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Ključne besede: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Objavljeno: 01.08.2018; Ogledov: 415; Prenosov: 24
.pdf Celotno besedilo (235,44 KB)

8.
Ali je homeopatija povezana s kemijsko termodinamiko?
Mihael Drofenik, 2012, pregledni znanstveni članek

Opis: V članku je biokemično ravnotežje uporabljeno kot izhodišče za uporabo Le Chatelier-Brounovega principa za razlago mehanizma homeopatskega zdravljenja. Uporaba kemijske termodinamike pri glavnih načelih homeopatije osvetljuje znanhomeopatski izrek Zakon podobnosti. Poleg tega je podan razlog intenzivnega razredčenja homeopatskih učinkovin.
Ključne besede: homeopathy, Le Chatelier- Brounov principle
Objavljeno: 30.12.2015; Ogledov: 599; Prenosov: 24
URL Povezava na celotno besedilo

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