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1.
Multimodal transport operator liability insurance model
Ratko Zelenika, Tomaž Lotrič, Ervin Bužan, 2011, kratki znanstveni prispevek

Opis: Multimodal transportation means transporting goods from a pickup point, where the operator receives the goods, all the way to the delivery location, using at least two different means of transportation, covered under the same multimodal transport contract and by only one document, regardless of the number or type of transportation vehicles used. The key factor to the optimal operation of multimodal transportation is the multimodal transport operator. It is up to this individual to compensate for various unpredictable circumstances, the complexity of the business processes, nature’s whims and carelessness. He must also organize and execute multimodal transport in all stages. Due to the above mentioned dangers and the fact that the area of liability insurance for multimodal transport operators is still being neglected, this article raises some valid points in favour of a proposal that would cover all of the transportation means as well as all the accompanying activities with a single insurance policy. The model includes 17 elements of liability insurance for a multimodal transport operator and all values which quantify the insurance elements in 2009 as well as the projected values for 2015, when progress is expected in the areas pertaining to the implementation of economical processes concerning transit development, as well as values for 2025, representing a period of innovation, reconstruction, optimization and modernization. With this supposed model for liability insurance of a multimodal transport operator, the foundation is laid for a liability insurance which would be used by a multimodal transport operator.
Ključne besede: transport insurance, multimodal transport, multimodal transport operator, multimodal transport operator liability systems
Objavljeno: 05.06.2017; Ogledov: 350; Prenosov: 189
.pdf Celotno besedilo (430,14 KB)
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2.
Are excessive legislative restrictions of pension fundʼs investments required to ensure these fundsʼ operational stability and minimum guaranted return?
Tanja Markovič-Hribernik, Igor Jakopanec, 2013, izvirni znanstveni članek

Opis: In this paper, it is investigated whether government, when promises pension fundʼs members a so-called minimum guaranteed return, to reduce the exposure of members to financial risks , should at the same time hinders portfolio diversification process of pension funds. We provide a detailed analysis of the connection between the requirements for providing a minimum guaranteed return and managing financial risks on the one hand and the investment structure of pension funds on the other. We intend to demonstrate with an illustrative case, using the simulation technique and a combination of actual data and some hypothetical one, that by precisely matching the investments' characteristics to the characteristics of the pension fund's liabilities, some important financial risks can even be hedged entirely. We also intend to demonstrate that with the implementation of a proper policy of risk measurement and management, complemented with stress testing practices, excessive legislative restrictions for investments are no longer necessary. At the very least, governments should avoid implementing legislation that hinders the portfolio diversification process and therefore makes pension fund risk management more difficult.
Ključne besede: pension funds, financial risks, minimum guaranteed return, asset-liability management
Objavljeno: 07.07.2017; Ogledov: 277; Prenosov: 46
.pdf Celotno besedilo (871,43 KB)
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The implementation of the antitrust damages directive in Slovenia
Petra Weingerl, 2016, izvirni znanstveni članek

Opis: 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.
Ključne besede: Antitrust Damages Directive, civil liability, damages, full compensation, prevention, deterrence
Objavljeno: 02.08.2018; Ogledov: 127; Prenosov: 22
.pdf Celotno besedilo (521,66 KB)

5.
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: 186; Prenosov: 20
.pdf Celotno besedilo (372,26 KB)
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6.
No fault compensation for medical injuries
Vojko Flis, 2016, pregledni znanstveni članek

Opis: For decades in both Europe and the United states , the issue of compensation for victims f medical injuries has led to lively debates. Many scholars have analyzed the adverse effects of the "tort system" (based on negligence standards and court proceedings) on the increasing costs of insurance premiums, on the patient-doctor relationship and the quality of care. These debates have led to changes in compensation in some countries. Compensation would be based not on negligence, but rather on a broader avoidable medical injury standard. Some nations have long operated administrative schemes based on no fault principle. No fault compensation model for victims of medical injuries might be characterized by the choices it makes regarding some key issues: (a) the definition of compensation criteria in particular the status given to fault; (b) the organization of the decision -making process. What type of body adjudicates medical claims? (c) Who finances the mechanism. What injuries are likely to be compensated for, to what extent and by whom? This article reviews the origins and operations of the no fault systems, the evolution of their compensation criteria, and how these criteria are actually applied.
Ključne besede: injury, compensation, liability, medical errors, negligence
Objavljeno: 08.10.2018; Ogledov: 220; Prenosov: 11
.pdf Celotno besedilo (7,71 MB)
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7.
Patient's right to protection of personal data in the legal system of Bosnia and Herzegovina
Marko Bevanda, Maja Čolaković, 2017, izvirni znanstveni članek

Opis: Health-related personal data belong to a category of sensitive data which, therefore, must be specially protected. The protection of personal health data is one of the patients´ fundamental rights. Doctors protect their patients´ interests only when the information gained about patients, while providing them medical treatment, are kept secret. In this paper, the authors provide an overview of the legal framework for the protection of health-related personal data in the legal system of Bosnia and Herzegovina. In addition to the analysis of the relevant legal provisions and considering the situation in practice, it can be concluded that formal harmonisation of legislation with the acquis communautaire in this field is not followed by effective implementation of regulation in practice.
Ključne besede: privacy, doctor, medical malpractice, liability for damage
Objavljeno: 09.10.2018; Ogledov: 108; Prenosov: 17
.pdf Celotno besedilo (573,46 KB)
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8.
Combating counterfeiting of medicines in the Republic of Belarus
Pavel Saschenko, 2017, izvirni znanstveni članek

Opis: Counterfeiting of medicines constitutes as a threat to public health, which nowadays has a “pandemic character”. In this regard, the legislation of the Republic of Belarus should properly address the risks caused by counterfeited medicines. Being a member of several economic alliances aimed at simplifying turnover of goods, including medical products, Belarus needs to develop comprehensive preventive measures and provide effective and proportionate criminal and other sanctions for the commission of acts connected with counterfeiting of medicines. This article focuses on key factors which impact the development of Belorussian legislation. The main obstacles for effective international cooperation in criminal matters concerning turnover of counterfeit medicines are also explored. Amendments to legislation aimed at improving the effectiveness of combating counterfeiting of medicines will also be discussed.
Ključne besede: medicine, counterfeiting of medicines, crime, criminal liability, administrative liability, Belarus
Objavljeno: 09.10.2018; Ogledov: 252; Prenosov: 21
.pdf Celotno besedilo (350,33 KB)
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9.
Selected legal problems of EEG biofeedback therapy under the Polish law
Aleksandra Nowak-Gruca, 2018, izvirni znanstveni članek

Opis: The use of EEG biofeedback for therapeutic or healing purposes has its justification in modern research and recently one can notice the increasing popularity of this method. Possible threats which may be associated with improper training and EEG biofeedback therapy may result from error in the diagnosis or incorrect selection of the training protocol. The effectiveness of therapy depends largely on the efforts of the patient himself, however, the range of waves will be amplified or suppressed by diagnosticians and therapists. If during an EEG biofeedback, the correct neuronal signal is amplified or suppressed, this can have adverse effects. In Poland, there are no legal regulations regarding the acquisition of qualifications for conducting neurotherapy. Likewise, there are no indications as to which institutions have the right to assign appropriate powers to use this type of apparatus. The lack of legal regulations means that now everyone can practice neurotherapy. The article presents selected legal problems related to conducting EEG biofeedback therapy under law, especially under Polish regulations, including the problem of the responsibility of the therapist or trainer.
Ključne besede: EEG biofeedback, EEG applications, neurotheraphy, neurotherapist, legal liability, medical device, medical profession, patient's consent to treatment
Objavljeno: 09.10.2018; Ogledov: 199; Prenosov: 20
.pdf Celotno besedilo (573,73 KB)
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