Number 1-2/2019
The Law of Adoption in India: A Critical Analysis
Author: AATIF, Syed M
|
Categorie:
Adoption is a process that impacts the life of a child and changes it completely. It has great implications. Hence, while dealing with the process of adoption, the sole criteria should be the welfare of the child.
More...
Financial Assistance Prohibition in Stock Corporation Law – Merely an Anti-Avoidance Rule or an Independent Meaning in the System of Capital Maintenance?
Author: PODGORELEC, Peter
|
Categorie:
The author critically discusses the position of the Slovenian domestic law theory and part of the case law that the purpose of the financial assistance prohibition provided by Articles 248(1) and 248(2) of the Slovenian Companies Act (ZGD-1) is to prevent the avoidance of restrictions concerning the acquisition of own shares.
More...
Incrimination of Obtainig Services by Deception as in German StGB – Yes or No?
The authors dogmatically and a comparatively analyse the dishonest obtaining of another’s services. Doing so, they follow German criminal substantive law, which, in contrast to Slovenian criminal law, incriminates the act, supplemental to the incrimination of fraud
More...
The Vidovdan Constitution in the Light of Opposing Yugoslav Concepts
Author: IVAŠKOVIĆ, Igor
|
Categorie:
The author examines the constitutional process of the Kingdom of Serbs, Croats and Slovenes and identifies the issue of internal territorial delimitation as the hot spot in the dispute between the most influential political parties.
More...
Constitutional Law Connection between the State and Church in the Republic of Slovenia
Author: VALENTAN, Sebastijan
|
Categorie:
Article 7 of the Constitution of the Republic of Slovenia establishes the separation of the state and religious communities. The Constitutional Court of the Republic of Slovenia has already ruled on the Article and gave its interpretation within the framework of European understanding of the separation of state and churches, as well as any other religious community or belief.
More...
An Attorney and Power – Igor Rosina (1900–1969)
Author: SIMIČ, Vladimir
|
Categorie:
The book is a collection of papers by historians and jurists about Slovenian attorney Igor Rosina. Through his work in the first half of the 20th century, the book presents the political and social situation in Slovenia
More...
Number 3-4/2019
New Regulation of Copyright and Related Rights in the Digital Single Market
Author: DAMJAN, Matija
|
Categorie:
Directive 2019/790 on copyright and related rights in the Digital Single Market, to be transposed by the Member States into their legislations by 7 June 2021, adapts the European copyright framework to technological progress and to the new ways of using copyrighted works facilitated by digital technology and the global communication networks.
More...
For Whom the Law Tolls? On Legal and Socio-political Exclusion of Undocumented Immigrants
Author: ŽGUR, Matija
|
Categorie:
The author examines the reasons for the undocumented immigrants’ vulnerability in their host countries. He claims that the main reason for this is the illegality of their residence on the territory of a particular country. The latter assumes the role of an all-determining legal status which, among other, exposes the undocumented immigrants to a high degree of arbitrariness in their contacts with host country frontline legal officials
More...
Trustees’ Rewards as a Mean of Achieving ex post Effectiveness of Insolvency Proceedings
Author: CEPEC, Jaka
|
Categorie:
The article seeks to analyse if rewarding insolvency trustees could be used as a tool for incentivizing trustees to pursue ex-post efficiency of insolvency procedures. Although this is an essential topic in insolvency law, literature is scarce. In conducting the study, the author assumed that trustees are agents of creditors (principals) and he examined how trustees could be incentivised to work for the interests of creditors.
More...
Liquidation of the Financial Company KB1909: Genealogy of the Crisis and Possible Outcomes
Author: STEFANCIC, Mitja
|
Categorie:
The KB1909 financial company – the legal successor of Kmečka banka in Gorizia – is facing a severe crisis. Until a few years ago, the holding controlled about thirty affiliated enterprises. These enterprises operated in the Friuli- Venezia Giulia region and in Slovenia, and have been also active on the markets of Central and South-Eastern Europe.
More...
Stanko Lapajne, Founder of Private International Law in Slovenia and his Contribution to the Development of Private Law
Author: LUTMAN, Karmen
|
Categorie:
On the occasion of the 100th anniversary of the Faculty of Law, University of Ljubljana, we are looking back to its rich history and commemorate its prominent professors, prof. dr. Stanko Lapajne being one of them.
More...
60th Anniversary of the European Court of Human Rights
Author: LAMOVEC HREN, Petra
|
Categorie:
The European Court of Human Rights (ECtHR) is celebrating 60 years since it was founded in 1959, based on the Convention for the Protection of Human Rights and Fundamental Freedoms. On the occasion of its jubilee, a conference was held in April 2019 at the Faculty of Law of the university of Ljubljana, at which high state representatives and other legal professionals participated
More...
Number 5-6/2019
The World Ethos Project and Euthanasia
Author: HRIBAR, Tine
|
Categorie:
The author of the project „World Ethos" is Catholic priest Hans Küng. commitment to world ethos is necessary according to Küng for three reasons: first, there is no world peace without religious peace; second, there is no peace between religions without dialogue between religions; and third, there is no survival of humanity without a world ethos. The four fundamental, i.e. the pre-values of the world ethos, are the sanctity of life, the sanctification of the dead, the dignity of man, and the golden rule of ethics.
More...
(In)Efficiency of the Regulatory Supervision over the Managers of the Alternative Investment Funds – A Case of “Crypto” Funds
Author: JURGEC, Lovro
|
Categorie:
With the adoption of the AIFM Directive, the EU legislator aimed to include under the regulatory framework the managers of all kinds of collective investment undertakings that raise funds from the investors and manage these funds in accordance with a predefined investment strategy for the benefit of the investors.
More...
Security, Form and Integrity of Data in Electronic Procurement Procedures
Author: FERK, Petra
|
Categorie:
The article addresses some of the critical legal issues regarding the receipt and acceptance of electronic bids in e-procurement processes, especially in terms of security and form of contracts and bids, taking into account the objectives of e-procurement
More...
The Legislation on the Archaeological Cultural Heritage in the United Kingdom
Author: JANŽEKOVIČ, Izidor
|
Categorie:
The paper presents the legislation concerning archaeological heritage in the United Kingdom of Great Britain and Northern Ireland. A brief historical overview of the adoption of important national legislation is given. The understanding of a social climate that determines value is vital for the adoption of specific legislation: specific society valued something as cultural heritage and something else as rubbish
More...
Significant Amendments to the Slovenian Criminal Procedure Code brought by the Novelty ZKP-N
Act Amending the Criminal Procedure Act (ZKP-N), which entered into force on 20 April 2019, does not significantly interfere with the existing system of criminal procedure. Its main purpose is to provide adequate protection of the rights of victims of crime, as provided for in the Victims’ Rights Directive, but also contains other important solutions related to the transfer of decisions of the Constitutional Court of the Republic of Slovenia and the European Court of Human Rights, as well as some other solutions.
More...
Modern Property Law
Author: OROŽ, Damjan
|
Categorie:
The book Property Law and Condominium was published in 2019 by Planet GV and ABC nepremičnine as part of the nascent commentary of the Slovenian Law of Property Code. It covers ownership as the fundamental right in rem
More...
Fundamentals of Financial Statements for Lawyers
Author: MAYR, Branko
|
Categorie:
The contribution is a presentation of the book Fundamentals of Financial Statements for Lawyers, published in 2019 by the University of Ljubljana Faculty of Law Publishing.
More...
Number 7-8/2019
The Value of Honesty as a Condition of Social Maturity
Author: BOBNAR, Tatjana
|
Categorie:
Unfortunately, currently, we cannot count on the honesty of the people alone, since avoiding the rules of the rule of law state is still perceived as the pinnacle of the ingenuity of individuals and legal entities. The earnings deriving from criminal activities are often high and attractive.
More...
The Role of Judicial Ideology in a Legal System
Author: AVBELJ, Matej
|
Categorie:
The article addresses two research questions. First, what is a judicial ideology? Second, what is the role of judicial ideology in a legal system, concretely in the process of judicial decision-making? The discussion is broken down into two parts.
More...
Neuroscientific Objectification in Civil Evidence Law
Author: MAGYAR, Denis
|
Categorie:
The article discusses the problem of objectification in civil evidence law. Neuroscientific discoveries should be taken into account when objectifying legally relevant subjective facts and those subjective facts, through which we ascertain legally relevant (objective and subjective) facts
More...
The Principle of Legality in Criminal Law – The Concept of Maximum Certainty and the Concept of Supremacy of the Teleological Interpretation of the Criminal Law Norm
Author: ŠEPEC, Miha
|
Categorie:
The principle of legality is a fundamental principle of criminal law. It is divided into four separate principles or requirements, which together represent the concretisation of the principle of legality.
More...
France Bučar (1923–2015): Doyen of Slovenian Politics, Father of Slovenian Constitution and Nestor of Administrative Science
Author: ŠTEMBERGER, Katja
|
Categorie:
Dr France Bučar, a Slovenian lawyer and politician, is considered one of the most prominent figures in the Slovenian region. He was the president of the first democratically elected parliament, one of the authors of the Slovenian constitution and president of the Slovenian Pan-European Movement.
More...
Unveiling of the Bust of Professor Evgeny Vasilyevich Spectorsky
Author: KRANJC, Janez
|
Categorie:
The contribution is the speech delivered at the ceremony on April 15, 2019, during which the bust of Evgeniy Vasilyevich Spectorsky, a great thinker, lawyer, social philosopher and one of the most prominent professors of the University of Ljubljana Faculty of Law was unveiled.
More...
Number 9-10/2019
Exploitation of Prostitution – What Kind of Participation in Prostitution Constitutes a Crime?
The articles focuses on the comparative analysis of the so-called prostitution accompanying offences in Slovenia, Germany and Austria, with a special regard on the criminal element of exploitation.
More...
Legal Aspects of Packaging Waste Treatment in Slovenia
Author: PLIČANIČ, Senko
|
Categorie:
More...
The Adequacy of Applying the Principle of Complementary Jurisdiction for the Crime of Aggression
Author: TRČEK, Nina
|
Categorie:
The principle of complementarity is one of the essential elements for the establishment and the functioning of the International Criminal Court, which importantly contributes to the objective of preventing impunity for international crimes, while taking into account the principle of sovereignty of states.
More...
The Impact of Globalisation on Criminal Legislation of Ukraine Pravnik, Ljubljana 2019, Vol. 74 (136), Nos. 9-10
Author: LYKHOVA, Sophia
|
Categorie:
The article discusses the issues of globalisation in the criminal legislation field. Particular attention is paid to the problem of implementation of rules of criminal liability for legal persons for corruption offences into domestic law.
More...
Professor Majda Strobl, PhD: The First Female Law Professor and Dean of the University of Ljubljana’s Faculty of Law
Author: KOS, Marjan
|
Categorie:
Professor Majda Strobl, PhD was an important Slovenian jurist, a doyen of Slovenian constitutional law, who left an indelible mark with both her professional as well as pedagogical work
More...
Number 11-12/2019
Human Dignity in a Technology-Oriented World: The Role of Constitutional Courts
Author: ZIEMELE, Ineta
|
Categorie:
At the very core of our liberal world lies one extraordinary value – the dignity of every human being. Are we convinced that this dignity will remain at the heart of our shared values in this world, which the author likes to call the post-liberal, technology-driven world?
More...
Female Genital Mutilation and its Non-Relation with Islam
Author: AATIF, Syed M
|
Categorie:
More...
Disregarded in Transposition: The Directive and the Act on Financial Collateral Arrangements
Author: ŠPEC, Boštjan
|
Categorie:
The author critically evaluates the transposition of the Directive 2002/47/ES on the Financial Collateral Arrangements into the Slovenian law, focusing particularly on the concept of the title transfer financial collateral arrangement.
More...
Cloud Computing and Data Privacy – The Privacy Shield
Accessing data services through cloud to optimise costs and structure came into focus of data privacy. Data protection, data security (AIC triad) and data transfer are the main topic of the article.
More...
Kafka and Empathy in Criminal Law: Deliberation on the Aims of Criminal Procedure
Author: STAJNKO, Jan
|
Categorie:
The portrayal of law in literature is valuable as it can challenge the established structures in an informal way. In this article, the author, therefore, interprets various works by Franz Kafka and argues that the structure of the criminal procedure needs to be built considering empathy.
More...
Significance of Substantive Components in Litigation
Author: PAVLOVIĆ, Mladen
|
Categorie:
With the disposition of legal norms, legal entities are empowered, imposed with duties and responsibilities, or expressly prohibited from certain conduct when the hypothesized facts of those legal norms arise.
More...
Severance Pay When Fixed-Term Employment Contract Terminates
Author: GOBEC JERELE, Ajda
|
Categorie:
In Slovenia, the severance pay in case of termination of a fixed-term employment contract is not uniformly regulated for all workers with fixed-term employment. Whether worker has a right to severance pay and to which amount depends both on the manner in which the employment contract is terminated and the reason for its conclusion.
More...
Arbitrariness of the Special-Case Guardianship
Author: KRIŽNIK, Alenka
|
Categorie:
More...
Influence of Tax on Constitutional Law: The FBiH Constitutional Court’s Decision in Prime Minister of Zeničko-Dobojski Canton v. Zenica City Council (2018)
On 18 April 2018, the Federal Constitutional Court of Bosnia and Herzegovinana (BiH) adjudicated the case Prime Minister of Zeničko-Dobojski Canton v. Zenica City Council, involving a complaint over the assessment of corporate income taxes over and above the regular rate on gambling shops by the Zenica City Council in the Federation of Bosnia and Herzegovina, one of the two entities that, together with the Brčko self-governing district, make up Bosnia and Herzegovina.
More...