Number 5-6/2015
To Build a Mosque Is a Constitutional Right
In In 2004 the author of the present paper was also the author of the initiative for constitutional legal consideration of the request to call a referendum concerning the building of the Islamic religious facilities, the mosque in Ljubljana, submitted to the Constitutional Court of the Republic of Slovenia to decide on.
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Good Faith Relating to Prescriptive Easements: Land Acquirer’s Aspect
In The article analyses the good faith of the new owner of the servient immovable if he or she acquired the ownership without knowing that it is encumbered by an easement that was created through acquisitive prescription but not entered in the land register.
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Obligation of a State not to Defeat the Object and Purpose of a Treaty between its Signature and Entry into Force
The contribution’s objective is to analyse the interim obligation of a State not to defeat the object and purpose of a treaty between its signature and entry into force on the basis of the text of Article 18 of the Vienna Convention on the Law of Treaties (VCLT), doctrine and judicial decisions.
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Key Aspects of Safeguarding of Shareholders with Regard to Authorized Capital
Authorized capital is considered a most flexible form of subscribed capital increase. Similar to an ordinary subscribed capital increase, the system of safeguarding of shareholders with regard to authorized capital is mostly aimed at preserving the shareholders’ basic subscribed capital share, and safeguarding the shareholders from (commercial) dilution of their rights. Shareholders are safeguarded also in case of capital increase with contributions in-kind, with special provisions governing quantitative restrictions of authorized capital, and with a special regime governing the voidability of general-meeting resolutions.
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Child protection in Turkish Criminal Law
Author: ÜNVER, Yener
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Categorie:
The age of children using drugs in Turkey has dropped to much lower levels. For instance, the age of children using artificial drugs was indicated to be 11. In the fight against organized crime more serious steps should be taken, the supervision intensity over children should be increased removing their responsibility from the criminal field. The police measures are as important. The source of the problem should be eliminated and followed by the right development of social policies supported by the criminal law. The topic of child labour contains the same issues and measures outside the criminal law should be prioritised.
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Independence and Impartiality of the Courts/Judges under Art. 6 of the European Convention on Human Rights
The author reviews the book of Lyda Friederike Müller, in which she deals with independence and impartiality of the courts under Art. 6 of European Convention on Human Rights (Anforderungen der Europäischen Menschenrechtskonvention und spezifische Probleme in den östlichen Europaratstaaten. Duncker & Humblot, Berlin 2015, 329 pages).
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Number 7-8/2015
The Substantive Constitutional Act Within the Slovene Constitutional Order
The Constitution of the Republic of Slovenia is not the only substantive constitutional act within the Slovene constitutional order. Another one is the Basic Constitutional Charter, while the constitutional body could, according to the Constitutional Court and legal theory, also adopt the Substantive Constitutional Act, which would regulate constitutional matters separately from the Constitution. The article takes the view that this is generally an erroneous assumption.
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Child-Friendly Justice: Children in the EU Law on Free Movement and Relevant Rulings of the ECJ
Even though the European Union set of as an economic integration project, through a more holistic approach to EU law the EU legislator and to a greater extent also the European Court of Justice gradually adapted the protection of EU law related to the free movement to heed children. With regard to the free movement of persons first only as family members of EU workers, then as individual bearers of rights to education and residence as relatives of (former) EU workers, and lately as EU citizens that are principally endowed with the same rights as EU citizens of age.
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Problems regarding Legal Regulation of the Zois Scholarships
The purpose of this article is to evaluate critically the modifications of legislation concerning the Zois scholarships, especially injustices affecting the scholarship holders entitled to scholarships in accordance with the previous law on scholarships. Disputable is particularly the regulation of transition period, which most likely contradicts the principle of equality and the principle of trust in law. There are also a few other problematic novelties enacted by the new law on scholarships.
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Public Service of Notary and Notary Business in Slovenia
In everyday life we sooner or later come across a notary service, either solely connected to the verification of certain signatures or otherwise. For a long time the public remained ignorant regarding the actions of notaries, but later on became increasingly interested in their business. In its work notaries must coordinate the interests of all parties, be impartial and effective.
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Bentham’s “Fragment” – Discovering the Roots of Modernity
In this cursory presentation of the (first) Slovenian translation of Jeremy Bentham’s Fragment on Government the author briefly outlines the background in which this famed pamphlet appeared and proceeds to comment briefly on four topics deserving of attention.
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Moral Rules – Thoughts to the Book of Rainer Erlinger
The author reviews Rainer Erlinger's book Nachdenken über Moral. Gewissensfragen auf den Grund gegangen. Augsburger Vorlesungen (Frankfurt/ Main 2012).
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Number 9-10/2015
The Importance of the Disposal Right for Transactions with Ownership Right on Real Estate
The purpose of this paper is to explain the importance of the disposal right for valid and legally effective transactions with ownership right on real estate. The disposal right is a legal possibility (entitlement) of the holder of the right to dispose of this right in a certain way.
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Military Aid as Complicity in International Crimes: Individual or State Responsibility
Provision of military aid in contemporary armed conflicts, which involve commission of international crimes may, under certain circumstances, be characterized as complicity in those crimes.
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Cloud Computing Contract – Legal Analysis in View of Slovene Law, Pravnik, Ljubljana 2015, [*]
Many studies and papers analyze cloud computing from various points of views. However, all the very inspiring practical proposals could be about trust, confidence and dependence. Trust to put one’s content in the cloud, confidence to obtain the benefits requested of such pay-per-use on-demand IT service and, finally, dependence on all the risks such IT deployment models of storage and memory space bear.
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Joint Parental Care
There are many legal arrangements under the Turkish Civil Code regarding parental care. According to this regulation legislator explicitly accepts joint parental care as a general rule during the marriage. This rule is applied also for the case when married couple lives separated from one another.
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Pure Theory of Law as a Challenge
The main issues of the legal theory are: what gives validity to the law, where does it derive from, and what is its foundation (ultimate or supreme legal norm, which gives it the validity). These questions have been dealt with also by Hans Kelsen and his circle, among whom was also Leonid Pitamic. Academic Marijan Pavčnik’s book Pure theory of law as a challenge is a display of some of Pitamic’s concerns, ideas, thoughts and objections, which highlight some aspects of development of pure theory of law and Pitamic’s contribution and surplus in it.
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Number 11-12/2015
Interpretativeness of the Constitution and Laws
The constitution is not only, with regard to its content, the fundamental legal act regulating the basic rights, the basic legal principles and the organization of the state. It is important that it is also the basic procedural act enabling the state community to function. It is in the nature of any legal act, and especially of the constitution, that its content is not automatically preshaped in such a definite manner that it only had to be applied.
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How the Legal Rules, Implementing the Principle of Confidence in the Land Register, Protect Fair, Bona Fide Acquirer
The principle of confidence in the land register states that those who in the legal traffic handle fairly and rely on the information on the rights, which are entered in the land register, may not suffer adverse consequences. The principle protects bona fide acquirer in all business acquisitions, regardless of whether prerequisite for the acquisition is a legal transaction (permit for land registry entry) of the (registered) owner or legal transaction concluded independently of the will of the owner in the case of forced sale.
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Disclosure of Classified Information in Civil Procedure
Disclosure of classified information in civil procedure is a kind of a paradox. There is a need to protect classified information on one hand, which means that unauthorised person is restricted to obtain and know the content of this information.
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The Concept of Childhood from Islam-Ottoman Law to Turkish Law As an Early Majority State: Early Age Marriages
The study deals with the legal development of the concept of majority which expresses the completion of childhood in the former, religion-based Ottoman Law dating back to four generations and modern Turkish Law.
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Margarite Helena: Brussels II bis: The Right of the Child to be Heard in International Proceedings
The 2005 Brussels II bis Regulation is aimed at making the child, caught in international proceedings, more visible and the bearer of more rights.
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