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A few Quranic verses implicitly prohibit uncertainty in contracts, while hadith texts explicitly prohibit it. The analysis of primary sources of Islamic law and the views of eminent scholars show that uncertainty in contracts is tolerated in situations where there is a need for the contract and where the potential harm from the risks and uncertainties in the contract is negligible compared to the interest achieved by it. This paper defines uncertainty in linguistic and terminological terms, presents arguments for the prohibition of uncertainty, highlights the specificities that render a contract prohibited due to uncertainty, elaborates on the situations in which uncertainty in contracts is tolerated, and provides practical, contemporary examples. [ABSTRACT FROM AUTHOR]

Republika Hrvatska nema zakonski okvir za regulaciju djelatnosti lobiranja. Usvajanjem propisa koji regulira lobiranje ova neformalna aktivnost se iz „sive zone“ prevodi u aktivnost pod „budnim okom“ nadležnih tijela. Iako o pojmu i djelatnosti lobiranja postoji brojna stručna i znanstvena literatura, može se primijetiti da se akademska zajednica u puno manjoj mjeri bavi pravnim institutom ugovora o lobiranju, njegovom klasifikacijom, obilježjima i sadržajem. Promatramo li ugovor o lobiranju, u hrvatskoj znanosti građanskog prava i pravnoj praksi, u širem kontekstu, možemo u njemu uočiti obilježja određenih pravnih poslova, prije svega, ugovora o djelu i/ili ugovora o nalogu. Objekt činidbe ugovora o lobiranju izvršenje je posla lobiranja, u pravilu uz naknadu, i u tom smislu predstavlja specifičan oblik ugovora o djelu. Naglasit će se i karakteristike ugovora o nalogu koje nalazimo u konstrukciji ugovora o lobiranju. U ovom radu nastojalo se dati temeljna obilježja ugovora o lobiranju i naglasiti određena otvorena pitanja koja će se pojaviti pri eventualnoj zakonskoj regulaciji ovog pravnog posla u Republici Hrvatskoj. Komparativnim pristupom u radu se ukazuje na zakonska rješenja koja su primijenili pravni sustavi koji imaju dugu tradiciju djelatnosti lobiranja kao legitimnog dijela zakonodavnog procesa. Također, ukazuje se i na plauzibilna rješenja koja su iznjedrili pravni sustavi pretežno bivših komunističkih i tranzicijskih zemalja i koja su tim prije adekvatna eventualnoj hrvatskoj regulaciji ugovora o lobiranju.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Republic of Croatia does not have a legal framework for regulating lobbying activities. With the adoption of regulations governing lobbying, this informal activity is translated from the "grey zone" into an activity under the "watchful eye" of the competent authorities. Although there is a large amount of professional and scientific literature on the concept and activity of lobbying, it can be noticed that the academic community is much less concerned with the legal institute of lobbying contract, its classification, characteristics and content. The lobbying contract in the wider context of the Croatian science of civil law and legal practice, comprises the features of certain legal transactions, primarily a contract for services / or a mandate contract. The object of performing a lobbying contract is the execution of a lobbying activity, as a rule for a consideration, and in that sense, it represents a specific form of a contract for services. The mandate contract features found in the formation of the lobbying contract will also be emphasized. The paper aims at presenting the basic features of the lobbying contract and emphasizing certain outstanding issues that may arise in any legal regulation of this legal act in the Republic of Croatia. The comparative approach in the paper points to legal solutions applied by legal systems with a long lobbying tradition as a legitimate part of the legislative process. It also points out the plausible solutions that have emerged from the legal systems of predominantly former communist and transition countries, and which are all the more adequate to possible Croatian lobbying contract regulation. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Records / Pravni Zapisi is the property of Union University Law School, Belgrade and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Financing is the property of Financing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Records / Pravni Zapisi is the property of Union University Law School, Belgrade and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of European Journal of Applied Economics is the property of Singidunum University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article deals with difficulties related to the validity of celebrations of the sacrament of marriage. By virtue of the traditional doctrine on the inseparability of marital contract and marital sacrament, our aim is to explain the importance of faith and proper intentions and to show the different approaches related to the question of which type of intentions are necessary if a marriage is to be celebrated in a valid way. Through various Church documents, we seek to provide an overview of the difficulties related to the relationship between faith, proper intention and valid celebration of the sacrament of marriage. The documents of the International Theological Commission and the Synods of Bishops from 1980, together with John Paul ll's exhortation Familiaris consortion are analyzed. We also describe the tendency of the Roman Rota's juridical practice on the exclusion of sacramentality as an autonomous element in the annulment of a marriage. Language that defines the exclusion of sacramentality on the basis of lack of faith on the part of spouses as an autonomous element in the annulment is highlighted. The article also deals with Relatio Synodi n. 48, which directly emphasizes the importance of faith for the valid celebration of the sacrament of marriage. The final part of this article focuses on Pope Benedict XVI's and Pope Francis's addresses to the members of the tribunal of the Roman Rota from 2013 to 2017, dealing specifically with the faith and consent of spouses. [ABSTRACT FROM AUTHOR]

Copyright of Bankarstvo Magazine is the property of Association of Serbian Banks and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bankarstvo Magazine is the property of Association of Serbian Banks and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

U ovom radu autorica se bavi u velikoj mjeri neistraženim i zanemarenim problemom ugovora o ulaganju u športski razvitak. Najveća pažnja je posvećena mjerodavnom pravu kod tih ugovora, pri čemu je kritici izloženo zakonsko rješenje koje ne nameće hrvatsko pravo kao mjerodavno. Međutim, uz još neke primjedbe, jako lošim je ocijenjeno zakonsko rješenje novele Obiteljskog zakona, koje prema mišljenju autorice za posljedicu ima dopušteno izbjegavanje hrvatskog prava. Rad je podijeljen u pet cjelina, a najvažniji, četvrti dio se dijeli na poddijelove. U zaključku se predlažu odgovarajuće zakonske promjene u skladu s argumentacijom iz rada.

Računalni program vrsta je autorskih djela koja je donijela određene posebnosti u poimanju stupnja originalnosti kao pretpostavke za stjecanje autorskopravne zaštite. Temeljem usklađivanja autorskopravnih zakonodavstva država članica Europske unije kontinentalnoeuropski koncept originalnosti značajno se približio anglosaksonskom konceptu originalnosti koji ne zahtjeva nužno kreativnost u stvaranju intelektualne tvorevine. Propisi europskog prava, ali i hrvatskog prava koje je s njim usklađeno, sadrže tek neka od pravila o imovinskopravnim raspolaganjima računalnim programima, dok se u preostalom dijelu primjenjuju odredbe zakona kojima se uređuju obvezni odnosi, razlikujući pravila koja se odnose na građanske, trgovačke i potrošačke ugovore. Konglomerat različitih pravila koja se odnose na imovinskopravna raspolaganja računalnim programom kao autorskim djelom često nije lako razdvojiti, no to je razdvajanje od odlučujuće važnosti, kako za pravilnu primjenu materijalnog prava, tako i za primjenu kolizijskih pravila kada je riječ o ugovorima s međunarodnim obilježjem. Kolizijskopravni pristup pitanjima raspolaganja autorskim pravom tijekom povijesti doživio je različite stadije, a danas se primarno upućuje na primjenu prava koje su ugovorne strane izdabrale, što je slučaj, ne samo u hrvatskom međunarodnom privatnom pravu, nego i u usporednim pravima uključujući i pravo EU. U nedostatku stranačkog izbora poveznica se uobičajeno, kao i kod drugih ugovornih odnosa, nadahnjuje doktrinom karakteristične činidbe, pri čemu postoje prijepori oko toga koja je činidba karakteristična. Kod određivanja mjerodavnog prava valja uočiti i problem razgraničenja dvovrsnih aspekata ugovora o raspolaganju autorskim pravom: čisti ugovorni aspekti te oni aspekti koji se odnose na samo pravo jer su ovi potonji izuzeti iz primjene ugovornog statuta uslijed djelovanja načela teritorijalnosti prava intelektualnog vlasništva. Također, posebna pozornost kod određivanja mjerodavnog prava za ugovore o raspolaganju autorskim pravom treba biti usmjerena na pravila koja se odnose na zaštitu potrošača.

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

On the occasion of the twentieth anniversary of signing the Contract on the Position and Activity of the Catholic Faculty of Theology within the University of Zagreb the author provides a small contribution to bett er understanding of the rich, dear, but also turbulent history and present of the Catholic Faculty of Theology of the University of Zagreb. In any case, the history and present of the Theological Faculty is also a part of the history and present of the University, while also being more than just that. In this discussion the author will present this signifi cant event for the Catholic Faculty of Theology and the University of Zagreb, for the Church and Croatian people, on the basis of archive material and scarce literature. The author felt the need to fi rst analyse, at least in a preliminary fashion, the tradition of theological education and science among Croatians until founding of the modern University of Zagreb in 1874. This was followed by a period in which theological science and teaching was blooming because they could develop and advance bett er within the frame of the modern University. The Catholic Faculty of Theology was within the composition of the University of Zagreb since its very beginning. This happy period lasted until after the Second World War when problems with the Communist regime started, which culminated in 1952. In that year, the Roman-Catholic Faculty of Theology was »disbanded« or, bett er yet, »separated« from the University of Zagreb by the Decree of the Government of the People´s Republic of Croatia. Thus, the Faculty lost all rights that were enjoyed by all other constituents of the University. However, after the democratic changes in Croatia in 1990, the Parliament of the Republic of Croatia annulled the aforementioned Decree, which made the signing of the Contract possible. The Contract has come into force when it has been signed by the Rector of the University of Zagreb and the Dean of the Catholic Faculty of Theology, with the approval of the Parliament of the Republic of Croatia and the Croatian Conference of Bishops that received earlier the approval of the Holy See. This happened on the Day of the Faculty on March 11, 1996. The Contract has been signed by the Dean of the Catholic Faculty of Theology, prof. Franjo Šanjek (PhD) and the Rector of the University of Zagreb, prof. Marijan Šunjić, while the Great Chancellor of the Faculty, Zagreb´s Archbishop Franjo Card. Kuharić (for the Croatian Conference of Bishops) and Academician Vlatko Pavletić (as the President of the Parliament of the Republic of Croatia) approved its articles by their signature. [ABSTRACT FROM AUTHOR]

U poslednjoj fazi procesa javne nabavke komisija se susreće sa problemom izbora naboljeg ponuđača, odnosno onog čija ponuda u najvećoj meri ispunjava zahteve i uslove koji su navedeni u konkursnoj dokumentaciji. Mora se doneti odluka uz uvažavanje više različitih, a često i protivrečnih kriterijuma. Za rešavanje ovakvih i sličnih problema razvijen je čitav niz metoda koje pripadaju oblasti višekriterijumske analize i rangiranja. Uzimajući u obzir karakteristike problema izbora ponuđača u procesu javne nabavke, iz skupa navedenih metoda izdvojena je metoda analitičkih hijerarhijskih procesa (AHP), kao osnovna metoda za rangiranje ponuđača. Za eventualnu kontrolu izvršenog rangiranja predlaže se familija metoda PROMETHEE I-II. / In the last phase of a tender process, the Commission has a problem with choosing the best bidder, i.e. the one whose offer meets the highest requirements in the Tender documentation. A decision has to be made taking into account many different, and very often contradictory, criteria. For solving this one as well as similar problems, numerous methods, belonging to the multicriteria analysis and ranking, are developed. Taking in to account the characteristics of a problem imposed by choosing the bidder in a Tender process, one of the mentioned methods, the method of analytical hierarchy process (AHP) has been chosen as a basic method for ranking bidders. For the performed ranking control, the PROMETHEE I-II, method family is proposed.

Copyright of Business Consultant / Poslovni Konsultant is the property of FINconsult Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Raspravljanje teme o sklapanju ugovora počet će izlaganjem o sklapanju ugovora općenito, a zatim o pregovorima kao o fazi koja prethodi sklapanju ugovora. Slijedi razmatranje o ponudi, prihvaćanju ponude, kada je ugovor sklopljen, te o vremenu i mjestu sklapanja ugovora. Na kraju, na temelju svega što je izloženo, daju se odgovarajući zaključci.

Copyright of International Public Administration Review / Mednarodna Revija za Javno Upravo is the property of University of Ljubljana, Faculty of Public Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Construction of a vessel (shipbuilding) is a very complex project, not only from technical point of view but also from legal and financial point of view. Every shipbuilding project involves a number of areas of law (civil law, maritime law, corporate law, law of financing, insurance law) and different governing laws (law of contract, law of the vessel's flag, law governing insurances, governing law of supply contracts, classification rules, international laws and conventions). The author writes about certain legal aspects of shipbuilding and delivery of a vessel taking into consideration Croatian and English legal aspects of shipbuilding in Croatian and international shipyards. Although the topic is very complex, the author is setting out some of the most essential provisions of a shipbuilding contract, fundamental rights and obligations of the contract parties, effects of breaches of contractual obligations, legal aspects of vessel's delivery, the role of classification societies. [ABSTRACT FROM AUTHOR]

Copyright of Zagreb Law Review is the property of University of Zagreb Law School / Pravni fakultet Sveucilista u Zagrebu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article provides comparison of the sale under the roman tradition and the international sale. It examines the different models of remedies in the event of material defects of sold goods. It also looks into the model of warranty, a characteristic of the Roman tradition, and the model of duty to perform, which is then analyzed by means of synchronic and diachronic comparison.

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pregled is the property of University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Singidunum Scientific Review / Singidunum Revija is the property of Singidunum University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Business Consultant / Poslovni Konsultant is the property of FINconsult Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author shows the importance of Hobbes' political thought in formulating the modern state. His contractual argument did not become obsolete as his scientific method. Hobbes breaks from the Aristotelian and natural rights tradition, or rather, he gives the concept of natural right an entirely new meaning. In this context the state of nature, contract and state are logical constructs, and not concepts in direct causal relationship. Hobbes' contract is not just a contract about the system of government; it is what society begins with. The contract is only the ground for the formation of the sociability of the individual, if it is at the same time the ground for establishing the government. The author emphasizes that, just like Kant, Hobbes and Locke consider leaving the state of nature necessary, not simply because of pragmatic reasons, but because the state has to legitimate itself as a claim of pure practical reason. Therefore, the author, following Kant, holds that the duty towards civil society and state cannot be based in the context of Hobbes' and Locke's philosophy, because, although the creation of state can be seen as an act of prudence, that in itself does not show a real obligation to pass from the state of nature to the state of law. The author also notes Hobbes' error in constructing a state independent from ownership. Contrary to him, Kant reasonably and legally bases theory of property as decisive part of his contractualism and creates a philosophical and legal foundation for the philosophy of the state. [ABSTRACT FROM AUTHOR]

The source of the four centuries of controversies surrounding Althusius' Politics is not the work itself but its interpretations. The author argues that Althusius' political teaching is not controversial; also, its methodicalness is highly conducive to a theoretical debate about the political/theoretical and cultural tradition of thought in general. In the first part, the author identifies the fundamental concepts of Althusius' political thought, and the logic of his exposition in Politics. He shows that Althusius' is a systematic -- methodicaly presented -- study of politics; politics is a way in which people unite in order to have a good life by means of the communicatio of things, services and right. Consequently, political science deals with the real or ideal ways of this association and its results. Althusius was the first author who explicitly said that only a people as a whole may be sovereign. He also created a theoretical concept of popular sovereignty. That part of his teaching is the greatest and largely undisputed Althusius' contribution to political thought. In the second part, the debate about the interpretation of the "controversial" fundamental tenets of Althusius' teaching is reviewed, the tenets that refer to the essence of human community and the character of its political organization. The author concludes that Althusius' work is a sort of a junction of the then "defeated" but today increasingly popular ideas: communitarianism (versus individualism) and social solidarity (versus the onesided maximalization of individual benefit), a kind of a matrixal structure of social system (versus political-pyramidal), i.e. the autonomy of its parts (versus the monolith centralist-state system). In the dawn of a new era, the elements of those traditions that were soon to be (temporarily) defeated, were systematically depicted in Althusius' epochal opus, whose internal potential is increasingly recognized as one of the most relevant provenances of modern political thought. [ABSTRACT FROM AUTHOR]