Number 1-2/2018
The Influence of the Coercive Threat on the Formation and Declaration of Will and Legal Consequences
Author: KUKOVEC, Polona
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Categorie:
The article analyses the difference between a contract concluded under the
threat of coercion and a contract not concluded despite such a threat resulted
in a forced declaration of will.
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Notion of Art in German Constitutional Law Doctrine
Author: FARMANY, Polona
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Categorie:
The article addresses the issue of distinguishing the works of art from non-art
in cases of civil litigation concerning a conflict between artistic freedom and
other constitutionally guaranteed rights and interests.
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The Many Precious Gifts of »Secular Papacy«
Author: NOVAK, Aleš
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Categorie:
On the occasion of its 25th anniversary, the Slovenian Constitutional Court organised a conference in June 2016 at Bled, attended by many illustrious guests from other European constitutional courts and some international courts.
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The Role of National Constitutions in EU Law From Shared Values to Mutual Trust and Constructive Dialogue
Author: LENAERTS, Koen
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Categorie:
The contribution was presented by Koen Lenaerts, President of the Court ofJustice of the European Union, at a ceremony on the day of constitutionality at the Constitutional Court of the Republic of Slovenia on 21 December 2017.
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Theoretical Analysis and Dilemmas of the Criminal Offence of Unjustified Production and Trafficking of Illicit Drugs
Author: ŠEPEC, Miha
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Categorie:
The article analyses the criminal offence of unlawful production and trafficking
of illicit drugs, illicit drugs in sports, and precursors for the production of
illicit drugs as enshrined in Article 186 of the Slovenian Criminal Code, which
is permeated with dogmatic dilemmas are reflected in the domestic case-law.
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Number 3-4/2018
Guidelines for the Functioning of the Slovenian Judiciary in 2018
Author: FLORJANČIČ, Damijan
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Categorie:
In the article, the President of the Supreme Court of the Republic of Slovenia highlights some of the results of the Slovenian judiciary in the year 2017.
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Comparative Legal Argument in the Slovenian Constitutional Jurisprudence
Author: GREGORIČ, Maja
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Categorie:
lobalization of the judicial system is becoming a necessary component in an increasingly globalized international community, in which legislative and executive branches of government are striving for a supranational level.
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The Subrogational or Regressive Nature of Reimbursement Claims
Author: SAVŠEK, Boštjan
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Categorie:
The article discusses the nature of reimbursement claims. A reimbursement claim is a claim that occurs to the one, who made a specific fulfilment for the benefit of another. A fulfilment is most often a payment in cash, but there may also be some other omission, duty or service.
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The Comparison of the Rights, Obligations, and Legal Statuses of Same-sex and Opposite-sex Couples in the Republic of Slovenia
Author: ISTENIČ, Miha
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Categorie:
Applicable legislation regulates four forms of partnerships, i.e. marriage, cohabitation and formal and non-formal civil unions. The rights of homosexual persons primarily relate to one’s personal situation affecting other areas of law as well.
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Benevolence and Culpability: A Marginal Gloss to the Decision of the Constitutional Court Up-258/15 of 30 November 2017
Author: AMBROŽ, Matjaž
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Categorie:
Starting from the analysis of the decision of the Constitutional Court of the Republic of Slovenia Up-258/15, the author elaborates the problem of intention and errors in case of normative elements of statutory descriptions of criminal offences, especially those of a value nature.
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The Dialectic of Legal Principle – The Contradic¬tion and Arbitrariness of the Decision
Author: SVETLIČ, Rok
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Categorie:
One of the main features of legal theory after Second World War was the interest, dedicated to the role of the principles in the legal discourse. Several tools were developed that enable the use of legal principles (the most significant author is R. Dworkin).
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Vesna Fortuna (1948–2018)
Author: KORITNIK, Boštjan
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Categorie:
Recently, in her 70. year a long years’ editor and curator of legal publications of the publishing company GV Založba, Ltd. Vesna Fortuna died.
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Number 5-6/2018
Issuance of Shares to the Holders of Hybrid Bonds in Exchange for In-Kind Contributions in Case of a Conditional Share Capital Increase
Author: VONČINA, Janez
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Categorie:
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Third Party Funding in International Arbitration
Author: DJINOVIĆ, Marko
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Categorie:
Third-party funding (TPF) is currently regarded as one of the most highly debated
topics in international arbitration. TPF can be described as providing
of funding for the costs of arbitration of a party to the proceedings by a third
party, in return for a success fee, if successful.
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The Lay Assessor System or the Scabine System of Judicial Decision Making (Germ. Schöffengerichte – Full Bench/ Court of Lay Assessor/Lay Judge’s Court) as a Form of Citizens’ Participation in Judicial Decision Making
Author: TRATAR, Boštjan
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Categorie:
The author discusses the lay participation in the trial in a lay assessor system
or the Scabine system of judicial decision-making (also the so called model
of collaborative lay courts).
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Criminal Law Protection of Authors’ Moral Rights
The subject of this article is the criminal law protection of authors’ moral rights
as defined in Article 147 of the Slovenian Criminal Code under the heading
"Violation of moral rights”.
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Criminal Proceedings against Črtomir Nagode and the Co-Accused
Author: KRANJC, Janez
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Categorie:
The author reviews the book ≫Criminal Proceedings against Črtomir Nagote
and the Co-Accused. Epilogue≪ by Mateja Jeraj and Jelka Melik
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Number 7-8/2018
Constitutional Review of the Autonomy of the Parliament
Author: ANTLOGA, Alenka
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Categorie:
The autonomy of the Parliament is the consequence of ensuring a functioning system of checks and balances, and it derives from the principle of the separation of powers. When reviewing the autonomy of the Parliament, the Constitutional Court of the Republic of Slovenia derives from the constitutional principle of the separation of powers and it assesses the relationship between the autonomy of the first and the second houses of the Parliament
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The Abolition of Constitutional Discrimination in the Presidential Elections in Bosnia and Herzegovina
Author: TEKAVEC, Barbara
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Categorie:
e Constitution of Bosnia and Herzegovina stipulates that the members of
the three-member Presidency of BiH may be Bosnian-Herzegovinian citizens
who are members of one of the three constituent peoples of Bosnia-Herzegovina
– Bosnians, Croats and Serbs.
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Locational Verification between Discretionary Powers and Rule of Law
Author: PIRNAT, Rajko
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Categorie:
he article discusses the important procedural and substantive legal issues that
appear in connection with the new legal institute of locational verification, introduced
in Slovenia by the new Spatial Planning Act.
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The Importance of the Reasoning of a Decision Through the Example of the Supreme Court’s Decision in the “Second-Railway-Track” Case
Author: ZADRAVEC, Mojca
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Categorie:
The aim of the article is to draw the attention to the importance of clear, structured,
and logically coherent reasoning of legal decisions. It is not only the final
decision that is important, but also the line of argumentation that has led the
decision maker to reach such a decision
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Time-Dependence of the Interpretation of Law
Author: PAVLIHA, Marko
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Categorie:
he author reviews the book Time-dependence of the Interpretation of Law
published in 2018 by the Slovenian Academy of Sciences and Arts as a result
of the scientific conference under the editorship of Marijan Pavčnik and
Tilen Štajnpihler Božič.
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Kofi Atta Annan (1938–2018)
Author: FRIŠKOVEC, Andreja
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Categorie:
In August 2018, the international community was deeply shocked to learn that
Kofi Atta Annan, the seventh United Nations Secretary General and a man of
many surpluses, passed away after a short illness.
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Number 9-10/2018
Persistence of Us, Who Transfer the Mission of Law
Author: ŠOLTES, Igor
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Categorie:
The editorial offers a reflection on the purpose of the law and the difference
between how it is experienced by the individual at the beginning of one’s career
and later on when a person is faced with different professional experiences.
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Factual Community of Floor Owners: Procedural Views
Author: FAKIN, Andreja
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Categorie:
ecial characteristics of multi-apartment buildings in the floor ownership are
mainly reflected in the management of common parts which due to (often) a
large number of floor owners in multi-apartment buildings can cause several
inconveniences.
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Sustainable Development and Slovenian Energy Law
Author: TOMAŽIČ, Luka Martin
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Categorie:
The author researches the legal nature and content of the sustainable development
principle in the energy sector as it is regulated in the Slovenian legal
order, with emphasis on the regulation in Energy Act (EZ-1).
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bjection to the Writ of Enforcement and the Debtor’s Right to be Heard in the Proceedings
Author: LIPOVEC, Kristina
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Categorie:
The constitutional and conventional right to be heard in the proceedings must
also be guaranteed in civil enforcement proceedings. The debtor against whom
the creditor’s claim is being enforced must have an opportunity to defend himself
against the authorised enforcement.
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On the Appropriateness of the Standardization of the Biological Criterion in the Biological and Psychological Method of Identifying Legal Insanity
Author: KRATOVAC, Alja
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Categorie:
The standardized biological and psychological method of identifying legal
insanity is inadequate and has received theoretical criticism since its introduction.
In the case law, it is dangerously subject to disobedience by using
the method outside legal cap.
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Acceptance Speech
Author: IGLIČAR, Albin
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Categorie:
he contribution is an acceptance speech by the author after he received A
Lifetime Achievement Award awarded by the Association of the Slovenian Jurists’
Societies in Portorož, on 11 October 2018.
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Number 11-12/2018
The Three Pillars of the Rule-of-Law State and the Ljubljana Faculty of Law
Author: Janez KRANJC
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Categorie:
The rule-of-law state is a democratic state based on the division of powers and in which the functioning of the state bodies is bound by law. And although the legal regulations are passed by the representative body within which the politicians decide, it is essential they have the possibility and the desire to find lawyers who can advise them professionally.
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Legal Order in the Draft: Europe on the Eve of the 100th Anniversary of the Treaty of Versailles
Author: Jože (Joseph) STRAUS
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Categorie:
n recent years, Europe and the Globe have witnessed a series of unprecedented challenges of fundamentals of national, European and international legal order. States ignore decisions of competent courts, put international treaties in question, or are about to marginalise constitutional principles. Consequently, legal values are not acknowledged, past experiences ignored or misinterpreted and the peaceful future put at risk.
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Interpretation of Subsidiary Protection in the European Asylum System
he article addresses subsidiary protection, a form of international protection in the European Union, currently governed by Directive 2011/95/ES or Qualification Directive.
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Tort Liability of Healers
In accordance with Slovenian Complementary and Alternative Medicine Act (Zakon o zdravilstvu) healers are not liable under the general rules of compensation liability. Slovenian courts allow the victims to claim compensation on the contractual basis or on the basis of a civil offense.
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