Search

This paper begins with the problem regarding the definition of terrorism. Problem of defining is as old as the word terrorism. Because of that, there is no definition which would include all its forms. This is especially problem with state terrorism, which took more lives then any other form of non-state terrorism. Further more, in this paper are analyzed the most common ways wich states face the threat of international crime and terrorism, with emphasis on extradition. Many shortages that extradition indicated, have forced countries to find more effective ways to combat this threats. One of this "weapons" are extraordinary renditions, which raised many questions regarding their legality. Although Europe also faced terrorist attacks, it reacted calmer than USA. Nevertheless, its role in enforcement of extraordinary renditions was not negligible, as it was shown by European parliament and Council of Europe investigations. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the phenomenon of street children. To begin with, the author focuses on the meaning of the notion itself and the definition of street children, whereupon the author continues to contemplate the causes of the problem, at the same time referring to the role of the family in this phenomenon. Subsequent to this follows the description of everyday life of these children, examples of what they deal with on daily basis, how they survive and what they are up against. Author also analyzes statistical data on gender, age, origin and habits of the street children. By the end of the paper the author discusses the possible solutions of the problem-those already existing and those yet to be introduced. In the end, the author reviews and comments upon the role and the responsabilities of politicians, legislation, executive power and the society as a whole. [ABSTRACT FROM AUTHOR]

Author in this paper analyses ongoings and processes reffered on dissolution of laws-tate conjuction with Austaria-Hungary Monarchy, establishing State of Slovenian, Croatian and Serbs, accession Consiglio Nazionale on the position of Rijeka's Nacional Council of State SHS, D'Annunzio's campaign from Ronchi and arrival in Rijeka, and in the end, establishing separate Kvarner's state Reggenza Italiana del Carnaro, apropos Italian regency of Kvarner. Subject of this paper is, also, analysis of D'Annunzio's Constitution, which presenting very special expression of constitutional-juristic and political ideas, announces italian model of corporatism, as special ideal-poltical base of constitutionality of fasistic Italy. Moreover, there is analysis of Bloody Christmas, so called five Rijeka's days (cinque giornate di Fiume), which is the name of war for Rijeka that lasted from 24th till 29th december 1920. Author analyses, also, Opatija's pact which concluded that Rijeka's state submited to application of Rapall's agreement. Gabriele D'Annunzio left Rijeka on 18th january 1921. [ABSTRACT FROM AUTHOR]

The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]

The paper deals with the EEC legal regime and discusses whether Croatia should declare one. In order to provide comprehensive understanding of the relevant issues, the paper firstly analyses the legal institute of the EEC and gives an overview of all relevant characteristics thereof, as set forth in the third United Nations' Convention on the Law of the Sea (UNCLOS). Then it presents some of the questions arising from the process of the declaration and delimitation of the EEC by reviewing the most relevant case law on this matter. The Republic of Croatia has incorporated all the up to date provisions in its Maritime Code relative to the EEC. However, it decided to proclaim an Ecological-Fishery Zone with only some of the sovereign rights which a state is entitled to exercise in the EEC according to UNCLOS. Subsequently, it suspended this Zone thus making the protection of Croatian maritime resources dubious. [ABSTRACT FROM AUTHOR]

This paper is an attempt to define the concept, frame and jurisdiction of the International Criminal Court. Through examining the Court on the basis of the Rome Statute, the attention is given to the theoretical papers which contain pro and contra arguments concerning the existence and quality of the Court. Moreover, a possible role of the Court in the system of international justice is contemplated, combined with its conjunction with the Constitutional Law, the leading foundation of modern states. As an additional supplement to the paper, a relationship between the Court and the United States of America is closely examined through the work of selected authors. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to present the course of criminal proceedings in Hungary and the continantal part of Croatia at the end of the 16th and beginning of the 17th century. Author focuses on the specific historical context which surrounds the legal procedure and reveals its medieval origin. Most of the procedural forms were based on customary law while there was no idea of state sovereignity and its legislative power. Procedure was slow and ineffective and criminal prosecution always started with a private action because there was no public interest in prosecuting the criminal offences. Modernization, introduced by Habsburg monarchs at the beginning of the 16th century, which tried to install the concept of public criminal prosecution, was strongly opposed by Hungarian and Croatian nobility deeply rooted in their ancestral freedoms and privileges. This paper is based on ,,Directio methodica", a book by Ivan Kitonić, who was one of the leading experts of his time on legal procedure. ,,Directio methodica" was first published in 1619. and it was intended to serve as a guide-book for parties without any legal education. [ABSTRACT FROM AUTHOR]

Organization of the judicial system and equal access to justice are basic preconditions for establishing an effective legal remedy system. But there are also numerous and vast financial requirements set for those who intend to engage in judicial proceedings. Therefore, legal systems in modern states offer help to those without sufficient financial means, covering their litigation expenses, awarding free representation, providing legal advice etc. The right to free legal aid has been increasingly recognized as one of integral components of the access to justice right, It is protected in the documents of international organizations (the Council of Europe and the European Union) presented in this paper. The author applies a comparative approach by comparing excerpts of free legal aid acts from Slovenia, Lithuania and Finland. The paper includes the means of enforcement of the right to free legal aid according to the legislation in force in the Republic of Croatia, but also includes the author's critical view on both present and future solutions presented in the Draft Articles on the Legal Aid Act analysis. [ABSTRACT FROM AUTHOR]

This paper summarizes contemporary considerations regarding the concept of humanitarian intervention, emphasizing the report of the International Commission on Intervention and State Sovereignty. The concept of sovereignty is examined in the light of contemporary international relations and reduction of state sovereignty due to the increasingly important role of international organizations. Having in mind determination of the international community to protect human rights, humanitarian intervention is understood as a responsibility to protect, rather than a right to intervene. The responsibility to protect consists of the responsibility to prevent roots of conflicts which may lead to humanitarian disasters, responsibility to react adequately and responsibility to rebuild. The central part of the paper deals with issues of legality and legitimacy of humanitarian intervention. For this purpose, provisions of international customary law and the UN Charter have been examined. Contemporary state practice is also taken into consideration. Undertaking of humanitarian intervention is examined when falling under the scope of the Security Council authorization, as well as in the case when such an authorization is missing. The paper also describes the difference between humanitarian intervention and other types of intervention. Chapter IV of the paper briefly goes through recent practice of humanitarian interventions. In conclusion, the concept of humanitarian intervention is described as a legitimate means appropriate for prevention of humanitarian disasters. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to show changes that the Penal Code brought into the Croatian legal system with regard to rape, in comparison with earlier legislation. The criminal area of rape has been spread, so that it contains not just sexual intercourse but also sexual acts equal to it. Now the perpetrator can be male or female, the victim can also be male or female, and the existence of marriage is not relevant. The new changes have opened problems which judges usually meet in practice and which the author has tried to show in her paper. Firstly, the act which is equal to sexual intercourse is not defined in the Code. Also, there are some problems about the question of complicity in this criminal act. Proposals have been made to abandon the notion that rape is a crime in which complicity is not possible. The percentage of rapes which remain in the stage of attempt is very high. Also, the Courts are faced with many difficulties in distinguishing attempted rape from the completed crime of sexual assault. It is also quite difficult to determine the factual difference between attempt and voluntary abandonment with regard to this crime. [ABSTRACT FROM AUTHOR]

This paper contains an overview of the International Criminal Court (ICC). It describes the initial historical notions to create an international criminal court, and the first attempts to establish such an institution. The paper also deals with some controversial issues in the Rome Statute, which is a legal basis of the Court's authority. The authors also analyze the International Criminal Tribunal for the former Yugoslavia (ICTY) as an ad hoc precedent to the ICC. The authors conclude the paper with the results of a poll on ICC and ICTY which was conducted among the students of University of Zagreb. [ABSTRACT FROM AUTHOR]

In this paper the author elaborates the lawful regulation of the principle of consciousness and fairness and the theory of this principle, which is based both on demandings and practical obedience of the principle. The author especially elaborates contents and forms of breaches of the principle, emphasizes the legal nature of the provision in Article 12 of Croatia's Obligations Act and, finally, the fact that breaches of the principle may be sued and tried in the court of law. The author also exposes the new Obligations Act draft provisions on the principle. At the end of the paper the author brings a few rulings on the breaches of the principle, compares the principle with equity and trust in English law and, finally, draws his own conclusion. [ABSTRACT FROM AUTHOR]

This paper focuses on most prominent issues of refugee law, one of the most important areas of legal practice today. The authors have completed an analysis of the relevant elements of the refugee law, such as the principle of non-refoulemet, statutory refugees, war refugees and other with a special focus on Croatia. Last part of the paper gives a glance over the selected practice of the European Court for Human Rights and a comparative display of examples for a wider perspective on the analyzed principles. [ABSTRACT FROM AUTHOR]

The paper gives a theoretical study and research results from the Zagreb County Court in order to describe a typology of the victim and the victim's relationship to the perpetrator from Article 188. of the Penal law of the Republic of Croatia. The autor tries to approach the problem of rape by studying the psychological profile of the victim using theoretical data as well as his own reserach results from judgements given by the Zagreb County Court. The paper also deals with legal, biopsychosocial and sociomedical aspects of the criminal offence so as to describe the psychological profile of the rape victim and the victim's relation to perpetrator, as well as the phenomenology of rape in Croatia. It is concluded with an analysis of the research material. [ABSTRACT FROM AUTHOR]

This paper focuses on international commercial arbitration. It is a topic which combines international private and commercial law, making it very interesting and complex. The wideness of the topic enables many authors in the field to create their own point of view and approach to the selection of many subtopics. This paper begins with general terms in connection with international commercial arbitration-definitions, characteristics, types, and its popularity, It is followed by an analysis of the law used in a specific case, sources relevant to its choice and implementation, importance of autonomy of the parties, explaining numerous sub-questions. The end consists of a short review on ex aequo et bono, existence and implementation of the lex mercatoria and implementation of compulsory measures and rules of public law. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to describe the ways and means by which children of age can exercise their right to maintenance, when all the legal presumptions are fulfilled. At the beginning, the author describes the concept, main principles, and social meaning of the legal institution of maintenance. Afterwards, the legal sources that courts and other bodies or institutions use when deciding upon maintenance, are mentioned. Since the main subject of this work is the maintenance of grown up children, which is a special kind of maintenance, author's first goal has been to explain all the main characteristics of the general institution of maintenance. As a result, further explanation of maintenance of children of age is easier to understand. In the former part of the paper, the author argues special characteristics of the legal nature of maintenance, which are applicable to all kinds of maintenance. Further on, different sorts of child support are described. The latter part of the work is dedicated only to the specific subject of maintenance of children that are of age (grown-up children). Here, the author explains the legal presumptions for this kind of maintenance, and the procedures used when deciding upon the realization of maintenance of children that are of age. Furthermore, the author explains the cases in which this specific maintenance ends, and the means of child protection in the legal procedures that concern them. In this part, there is also brief presentation based on court practice. At the end of the paper, there are several court cases that deal with this topic with short comments. [ABSTRACT FROM AUTHOR]

In this paper, the author analyses two principles - the principle of separation of powers and the principle of unity of powers, worked out thoroughly within constitutional law and political doctrine, about how the relations between the bodies that deal with different categories of state functions (legislative, executive and judicial) should be constituted, aiming at the limitation and control of powers and the prevention of their abuses, so that the freedom of every individual could be protected. The author also examines the possibility of realizing these principles through the constitutional text and through the constitutional political reality. In the final part of this paper, the author focuses on the issue of dislocation of competences between the state bodies (in favor of executive power) in the state of emergency, and he points out how states, without regard to different types of power organization, and within the complete system of limitation of powers, in states of emergency (such as war, disorder, earthquake, rebellion and similar), endeavor to achieve some level of control of the executive power, though the executive power, with special mechanisms, on the account of state of emergency largely extends its competences, which threatens with greater possibility of power abuses than in normal circumstances. [ABSTRACT FROM AUTHOR]

In this paper we want to show how the liability of doctors for the resulting harm was regulated throughout history, its main characteristic being a gradual increase of the scope of liability. In order to facilitate the understanding of the nature of the legal relationship between the patient and the health care provider, which is important for determining the existence of civil liability, we will give a general overview of obligatory relations and how they are provided for in currently valid regulations of the Republic of Croatia. We will put emphasis on those regulations which regulate the terms ‘health care provider' and ‘patient'. After that, we will show all the ways in which obligatory relations can be violated and lay emphasis on the distinction between a medical error and a complication which is important for determining the existence of liability of the health care provider. We will also discuss the following topics: informing the patient, treatment without consent, violation of the obligation to provide emergency care and conclusion of the contract between the patient and the health care service provider. We will mention the cases in which liability was excluded and explain how to institute legal proceedings in respect of damages in the Republic of Croatia. In the end, we will give our own critical review which should facilitate and speed up damage claims. The proposed changes should also lead to fewer damage claims against health care institutions. Damage claims result in bad reputation and distrust which means a smaller number of patients and lowered functionality beacuse not only are the legal proceedings longlasting and exhausting, but they are also affecting the institution's budget. [ABSTRACT FROM AUTHOR]

Liability for damage is one of the fundamental institutes of civil law, and liability for damages caused by the information published in the media is one of its most modern forms. The expansion of media freedoms is not accompanied by a sufficient level of responsibility for publicly published word and because of that, personal rights of legal entities are violated. Self-regulation of media profession currently isn't sufficient for raising professional standards and protection of injured parties so they are forced to seek protection within Croatian judiciary. This is supported by numerous unresolved cases, the slowness of the process and incomplete legal solutions. Other than the introductory remarks and terminological breakdown, this paper contains interpretation of appllicable law (domestic and international), analysis of individual assumptions of liability for damage and forms of repairing the damage as well as display of artificial persons' position, criminal law display and example of case law. [ABSTRACT FROM AUTHOR]

The aim of the work called Political rights and freedoms on Croatian territory in the First Yugoslavia from 1929 to 1941, by the author Martina Protega, is to show the position of the people from the aspect of the limitation of political rights and freedoms. Beside the constitution and a law scripts, the author used a cyrillic literature and archive materials because of the lack of papers which would give the whole picture of the period of the First Yugoslavia. The author tried to connect events depicted from historical aspect with law regulation which is the highest accomplishment of this work. First, she gave the short review about the law regulation and political situation of the period from 1918 to 1929. Later, she exposed the legislation under the dictatorship of the king Alexander. At the end she showed the relation to the political rights and freedoms from the establishing of the Banate of Croatia until the beginning of the Second World War. [ABSTRACT FROM AUTHOR]

Regulating relations between spouses is very important for every law system and for society as a whole, because of significance of marriage and family in social context. Both the Croatian family law and the canon law of Roman Catholic Church regulate it in different ways, according to the understandings of their legislative authorities. Relevant sources, in which there are included legal norms about personal rights and obligations of spouses and purposes of marriage, are Croatian Family Law and Code of Canon Law (its 4th book). They contain differences, but also similarities, in which there are common understandings that both systems want to emphasize. Reference is also made to other legal norms, such as those that contain definitions of marriage and to their importance in considering personal rights and obligations of spouses and purposes of marriage. Marriage is a relationship that is impossible to regulate completely. Such an attempt would notbe meaningless, because of the intimate nature of marriage. In the analyzed norms, that is proven by their nature as a set of expectations and principles, which is a reflection of the imposibility to precisely regulate relations in marriage. For these reasons, law systems that regulate the establishing of marriage, contain norms that regulate expectations of marriage, but these are theoretically identified as leges imperfectae. Characteristic of not having a sanction as an integral part of the norm, raises their significance as a set of expectations and principles, and not as a norms, that would ensure direct effect through sanctions. Divorce or dissolution of marriage, as a possible mechanism of ending such a behaviour that would be contrary to these norms, and the differences between Croatian Family Law and the Code of Canon Law in considering it, are also analyzed. Issue of applying these norms and of behaviour according to them, is a very difficult pne and encompasses many topics that go beyond the legal reasoning, what is also mentioned in this paper. Finally, the differences between expectations of marriage in two legal systems are presented and especially reactions on behaviours that are contrary to them, but also on many similarities and common opinions about marriage. [ABSTRACT FROM AUTHOR]

On one understanding, since interpretive legal theory is a theory about the grounds of law (or criteria of legal validity), about what constitutes law (i.e., legal content), the theoretical explanation it provides is called constitutive explanation. Accoridng to that theory, in addition to institutional history (constitution, statutes, regulations, court judgements), a necessary role in the constitutive explanation of legal content (legal rights and obligations) is also played by certain moral facts. Depending on how a theory conceives of the roles of institutional history and moral facts in the constitutive explanation of legal content, one can distinguish between the so-called pure and the so-called hybrid interpretive legal theory.The main goal of the paper is to systematically outline the basic tenets of Dworkin's (hybrid) interpretive theory of law by drawing on the conception of what constitutes legal rights and obligations, as developed in Dworkin's book Law's Empire (1986) and termed law as integrity. [ABSTRACT FROM AUTHOR]

The main goal of this essay was to describe in short terms diplomatic and consular relations between former Republic of Dubrovnik and some former superpower countries and to explain elements that made Republic of Dubrovnik a true subject of international law. Paraiel growth of maritime trade and consular service has been showed together with the importance of having good and correct informations. Dubrovnik government paid a lot of attention to the ceremony and they treated foreign diplomatic ambassadors according to their importance for the Republic of Dubrovnik. Some interesting diplomatic tricks are presented in this paper which were used by Dubrovnik ambassadors while urging for the survival of the Republic of Dubrovnik and its commerce at the palaces of european capitals. [ABSTRACT FROM AUTHOR]

The family unit is under special protection by the state and legal systems as a pillar of society. A number of children's rights are protected by the Constitution and applicable legislative provisions in the Republic of Croatia in accordance with international standards. The aim of this paper is to show how the competent authorities proceed while administering two repressive measures of family law protection - taking away the parents' rights to live with a child and the deprivation of the right to parental custody, as well as the advantages and disadvantages of specific instances of out-of-homechild care which is the consequence of said measures. With an overview to the carried out research, the authors state the perceived lack of logic as well as the inconsistent application of legislative provisions and the need for a more decisive reaction from the competent authorities. The authors substantiate the conclusions drawn on the basis of research with statistical data. [ABSTRACT FROM AUTHOR]

The right to accommodation in student dormitory is one of the basic elements of the right to education and significantly affects the quality of studying. However, its protection is not proportional to the degree of its importance. The only relevant regulation that specifically regulates the right to accommodation in a student dormitory is the Regulations on conditions of students accommodation in student dormitories, which governs the rights and obligations of student tenants and student dormitories. As regulation of the rights of the student accommodation by subordinate regulation does not correspond to the needs and specificities of student tenant - SC relation, the question is which regulation would be more appropriate. Based on the analysis, the paper proposes contractual regulation of issues concerning accommodation in student dormitories in order to achieve a greater degree of legal protection and elaborates which legal nature, content and form of contract would best suit the needs of the specified legal relation. With the improvement of the protection in the substantive field, it also proposes an improvement of procedural protection between subjects in mentioned relation. [ABSTRACT FROM AUTHOR]

In this paper, conceptually divided into four main chapters, the author examines, analyzes and processes the facts relating to the life, work and philosophy of one of the greatest Christian philosophers, but also philosophers in general-Augustine of Hippo. Also, after the first three chapters in which acquaints us with Augustine's life, his work and philosophy, in the last chapter the author tries to find and present links and common points of Augustine's philosophy and some aspects of today's modern law. The author tries to point out the fact that a large number of elements of Augustine's philosophy are present in today's modern law and jurisprudence. [ABSTRACT FROM AUTHOR]

Motion to restore a prior status is a legal tool familiar in most procedural laws, as it is useful for correcting unlawful judgments which are based on claims and facts which would have been altered barring an omission for legitimate reasons. Despite this institute being somewhat ignored in literature, motion to restore a prior status is a powerful tool and can even determine the outcome of the procedure and the judgement itself. With it, parties can avoid preclusion of procedural actions if they have a legitimate reason for the omission. The author of this paper starts with elaborating the history of the institue, explaining its functions in the Roman law system, also showing its development in legislature of the Republic of Croatia. With a rich judicial practice, the author demonstrates the usage and reasons for motion to restore a prior status, along with pointing out some possible problems. The role of this institute if visible because it is present in many fundamental laws in Croatia. Finally, the author examines the institute, having carefully argumented its virtues and flaws. [ABSTRACT FROM AUTHOR]

By the implementation of criminal liability of legal entities in Croatian legal system, in conformity with provision of relevant European legal documents, Croatian legislator eliminated significant legal loophole from Croatian legal system. Former regulation allowed legal entity, as social invention, to remain deprived of criminal consequences, while only "the most guilty" offenders had been prosecuted and punished. This anomaly is resolved by The Croatian Act of Liability of Legal Entities for Criminal Offences in a way that legal entity, as social invention, is able to suffer criminal consequences which automatically results in having a specific impact prescribed by law both to members of legal entity and to the legal entity as whole. Even though this institute has been developed in criminal-law practice there are a certain issues that still needed to be resolved. Namely, it is necessary to eliminate existing inequality in legal position between legal entity representative as attorney in law and legal entity representative as non attorney in law, as well as to distinguish representative actual role from defender. The purpose of this paper is to demonstrate basis of criminal liability of legal entities prescribed by The Croatian Act of Liability of Legal Entities for Criminal Offences and to explains legal position and specific role of legal entity representative in criminal proceedings and, lastly, to analyze mentioned through relevant case law in a fields of copyrights. [ABSTRACT FROM AUTHOR]

In the paper are presented various forms of unloading of the Croatian judiciary - court advisers, public notaries and land registry officers. Their historical development and recent situation according to the latest amendments and the reform efforts are presented. Advantages and failures of the chosen forms are analysed and attention is given to the need of system approach in resolving the assignment of judiciary tasks to the persons who are not judges. Serious critic is given to the assignment of litigation tasks to persons who are not judges, particularly taking into account possible consequences of this practice as it is shown in the comparative legal systems. The main characteristics of the institute Rechtspfleger in German and Austrian law are presented and the accent is given to their advantages. De lege ferenda, certain amendments to unloading of the judiciary in Croatia are recommended. [ABSTRACT FROM AUTHOR]

The world economic crisis is a key factor that will encourage fundamental reforms in the existing economic structures. With its development and consequences, it indicates the unsustainability of market fundamentalism. The established global instability sets a major challenge before Croatia: how can a small country such as Croatia overcome the incurred consequences, if the United States of America and the developed countries of the European Union have not been able to achieve that goal yet? A key hypothesis of this paper takes the view that the global economic crisis has affected the national economy to a small extent only, while the main factors of the current economic situation can be found in causes that generated and have been neglected in the past two decades. The research showed that the major part of respondents correctly identify the cases of problems in the national economy as endogenous. It receives additional foundation in a percentage of 93,5% of respondents who expressed the view that the problem of the Croatian economy are results of internal causes. At the same time, more than half of respondents believe that the world economic crisis has significantly affected the Croatian economy. [ABSTRACT FROM AUTHOR]

Human trafficking is one of the greatest crimes of our time, and it is a human rights violation per se. People are trafficked for the purposes of forced labor, illegal employment, show business, false and forced marriages, forced prostitution etc. On the social level it manifests itself as a modern slavery, because the victim is typically in a slavery-like position in accordance to the perpetrator. Human trafficking is one of the most lucrative forms of the organized crime, and it is believed that, because of the low risk and high profit, it is at the very top of organized crimes, just behind the drug and arms trafficking. The most common victims of this form of trafficking are women and children therefore the most vulnerable social groups. Consequences that affect the victims of this type of trafficking are different, ranging from the psychological and physical trauma to the death. Particularly interesting question is that of the relation between human trafficking and the legalization of prostitution, i.e. whether the legalization acts positively on reducing the number of trafficked persons or not? Those states which have legalized prostitution point out as the key argument that in this way the number of the trafficked persons will be reduced. Therefore, the main purpose of this paper is to show the relationship between prostitution and trafficking and to provide analysis and conclusion how the legalization of prostitution affects trafficking. [ABSTRACT FROM AUTHOR]

The paper will analyze the roles and the importance of sycophants, synegors an logographs in an Athenian judicial proceeding, with the intention of describing thes in a democratic climate of the polls that was prevalent in times of a slightly decadent democracy where demos had a strong, but a tragicomic role too, resembling Aristophanes' characters, not only of a righteous man and a tattletale, but of a legal scholar and a non-intrusive taciturn man as well. These represent the features of those who judge but also of those who are parties to the proceedings or participants in any other way. The possibility of everyone suing those who are detrimental to the polls and, in certa cases, receiving compensation, had turned out to be a negative phenomenon, which is referred to in the most negative sense. However, it should be pointed out that the poll had both known and applied the mechanisms of legal protection that were to preven sycophancy by not interfering with the citizen's rights to continue suing according to their knowledge and conscience. In addition to the sycophant's role, the role of synegors and logographs is interesting as well. Although these were described mostly as the originators of advocacy, we hold a different opinion. Namely, most frequently the synegors ar not considered to be legal scholars so it seems more appropriate to assign this meaning to logographs who did not participate in judicial proceedings in person. [ABSTRACT FROM AUTHOR]

In this paper issues of a colossal significance for the constitutional order, democratisation process, liberalisation and the pluralistic political party system in the Republic of Turkey are considered. In the first part, the author analyses the institutional framework for political parties ban by the Constitutional Court of the Republic of Turkey. His analysis continues with a detailed review of the Constitutional Court case law in important cases most of which had their epilogue before the European Court of Human Rights. Thus, the cases are mentioned of the United Communist Party of Turkey (TBKP), the Socialist Party (SP), the Freedom and Democracy Party (ÖZDEP), the Welfare Party (Refah Partisi), the Justice and Development Party (AKP). Further on, the constitutional changes of 2010 and their implications on the specific structure and the protective role of the Constitutional Court, as well as parties' freedom in Turkey, are discussed critically. Finally, the author suggests solutions to the above mentioned issues, and concludes that, taking into ac- count partial and insufficient effects of multiple reforms of the largely restrictive Constitution of 1982, the time has come to adopt a completely new constitution, predominantly oriented towards strengthening of fundamental human rights and freedoms, especially those of a political nature, rule of law and democracy. [ABSTRACT FROM AUTHOR]

This paper analyzes tenancy right as a legal institute of socialist Yugoslavia and the style of design at the time of housing relations and its repercussions on the Croatian legislation after its transition to capitalism and open markets. Furthermore, it examines the regulation of tenancy right through its stages of development in Yugoslavia, its main characteristics and intentions of the legislator, transformation in the democratic Croatia, through the Law on Sale of Apartments with Tenancy Rights, and ultimately, his abolition by the Law of Property Leasing and the Law on Ownership and other Property Rights. [ABSTRACT FROM AUTHOR]

In this paper the author analyses the present situation and future perspective of volunteering in the Republic of Croatia, primarily considering activities in civil society. Volunteering is presented from the point of law by comparing regulations and experiences in the Republic of Croatia with those in foreign countries, so as to define the legal frame for further analyses. By encounting crucial parts of infrastructure for volunteering and their activities, and analyzing already existing researches, the author wants to present volunteering trough the view of the public, business and non-profit sector, and most importantly -- through the eyes of the citizens themselves. [ABSTRACT FROM AUTHOR]

Vinodol Statute is the oldest legal document written in Croatian language. The aim of the paper is to point out the particularity of criminal procedure by Vinodol Statute, which is in its principles and provisions quite different from the coexisting documents on Croatian territory. The author gives an insight into the principles and basic remarks on the course of criminal procedure and its participants, especially referring to starting of criminal procedure, subjects, means of evidence and reaching a judgment. The main idea is that the Vinodol Statute is fairly more advanced than its contemporaries, even though it does not follow the inertia of the early middle Ages, as its provisions protect fundamental rights of the accused and give significant status to women. We find ignorance of torture in the evidence procedure to be the central value of the Statute. [ABSTRACT FROM AUTHOR]

The main focus of this paper is the systematic overview and the reasons for failure of the concept of collective security as by the United Nation's Charter planned way of resolving conflicts. An analysis of the development and the establishment of peacekeeping operations follow it in order to present the reality that substantially differs from the wording of the United Nation's Charter. Finally, as a result of analyzing the concept of collective security and the peacekeeping missions the question is discussed on whether or not the situation of the non-effectiveness of the current provisions of the Charter is sustainable in the future. [ABSTRACT FROM AUTHOR]

Protection of children deprived of parental care is a subject which deserves our full attention. In this paper the authors present the organization and work methods of Croatia's child care institutions. By analyzing Croatian legal solutions, and by comparing them with the standards set by international community they show the problems encountered by Croatian institutions, and also emphasize the need for deinstitutionalization by suggesting acceptance of certain foreign legal solutions. [ABSTRACT FROM AUTHOR]

The author analyses the provisions of the family law that regulate the acknowledgment of paternity under unlawful compulsion and also briefly dwells upon the criminal law provisions on force. The author deals with the positive legislation aspects of the matter in question with emphasis on the legal possibilities of the victim. In addition, the author briefly analyses the issue of protecting the rights of the child whose paternity has been acknowledged under unlawful compulsion referring to the United Nations' Convention on the Rights of the Child. Finally, given that the paper is primarily an analysis of the subject and not a research thesis, the author focuses on the crucial facts and significant opinions mentioned in the previous chapters. [ABSTRACT FROM AUTHOR]

The purpose of the paper is to point out the possible consequences of the novel of the Family Act by which the upper age limit of an adoptee and the upper age difference between an adoptee and an adopted person are abrogated as assumptions for adoption. The author provides an insight into the general historical development of the institute of adoption and the one on Croatian legal area, emphasizing the last twenty years and focusing primarily on the age as an assumption for adoption. The central point is that, if nothing else, the time for this legislative action has not yet come considering the reality with regard to the institute of adoption and that it encourages the disruption of the principle adoption naturam imitatur, but also the contemporary principle of the best interest of the child in favour of potential adoptees. That point of view is additionally substantiated with the analyses of the comparative law situation and relevant legal acts of international law, which bring us to an conclusion that the legal status before the novel was entirely adequate. [ABSTRACT FROM AUTHOR]

Protection of children deprived of parental care is a subject which deserves our full attention. In this paper the authors present the organization and work methods of Croatia's child care institutions. By analyzing Croatian legal solutions, and by comparing them with the standards set by international community they show the problems encountered by Croatian institutions, and also emphasize the need for deinstitutionalization by suggesting acceptance of certain foreign legal solutions. [ABSTRACT FROM AUTHOR]

The author analyses the provisions of the family law that regulate the acknowledgment of paternity under unlawful compulsion and also briefly dwells upon the criminal law provisions on force. The author deals with the positive legislation aspects of the matter in question with emphasis on the legal possibilities of the victim. In addition, the author briefly analyses the issue of protecting the rights of the child whose paternity has been acknowledged under unlawful compulsion referring to the United Nations' Convention on the Rights of the Child. Finally, given that the paper is primarily an analysis of the subject and not a research thesis, the author focuses on the crucial facts and significant opinions mentioned in the previous chapters. [ABSTRACT FROM AUTHOR]

The purpose of the paper is to point out the possible consequences of the novel of the Family Act by which the upper age limit of an adoptee and the upper age difference between an adoptee and an adopted person are abrogated as assumptions for adoption. The author provides an insight into the general historical development of the institute of adoption and the one on Croatian legal area, emphasising the last twenty years and focusing primarily on the age as an assumption for adoption. The central point is that, if nothing else, the time for this legislative action has not yet come considering the reality with regard to the institute of adoption and that it encourages the disruption of the principle adoption naturam imitatur, but also the contemporary principle of the best interest of the child in favour of potential adoptees. That point of view is additionally substantiated with the analyses of the comparative law situation and relevant legal acts of international law, which bring us to an conclusion that the legal status before the novel was entirely adequate. [ABSTRACT FROM AUTHOR]

The paper analyses all electoral systems according to which Croatia has conducted its parliamentary elections in the period between 1990 and 2007, and the influence of each electoral system on the party system and the formation of government in Croatia. One of the most important particularities of Croatian elections have been frequent changes of electoral laws and electoral systems by which the elections have been conducted, and therefore it is hard to find a country which has changed so many different electoral systems in a relatively short period. In the first ten years of existence of Croatian democratic state all major electoral systems have been used: double ballot majority system, mixed plurality -- proportional system, and finally proportional system since 1999. Analysing the formation of government based on different electoral systems the authors offer different answers as to the best possible electoral system -- one of them arguing for a more proportionate system (election of more representatives in each electoral unit, smaller prohibitive clause) which could lead to a more representative parliament with coalition governments, the other arguing for a double ballot majority system, which could reshape the Croatian party system in a bipolar mold, and help in forming a stable government. [ABSTRACT FROM AUTHOR]

The paper deals with the institute of the shipbuilding contract in general and with its regulation in the Croatian Maritime Code. After the introductory note about naval architecture, the author systematically analyzes the concept and the legal nature of the shipbuilding contracts in the Republic of Croatia, and in some foreign countries (the USA, England and Italy). The text proceeds by analyzing all essential elements of this contract, beginning with the definition of the shipbuilding contract, form of contract, execution of the contract, ownership of the boat in the construction, shipbuilders responsibilities and obligations, control of the shipbuilding construction and the types thereof, responsibility for deficiencies, price, retention right, delivery of the ship, delay of delivery and force majeure, statute of limitations, etc. Special attention is devoted to situations and execution of shipbuilding contracts with international element and the issues of applicable law and court jurisdiction. International conventions that are relevant for the unification of regulations of the shipbuilding contract are discussed, as well as the best known clauses that are most often used in practice. In conclusion the author positively evaluates current normative arrangement of the shipbuilding contract giving a brief overview of the current state of the Croatian shipbuilding industry and stressing the need for a faster restructuring and renovation of Croatian shipyards. [ABSTRACT FROM AUTHOR]

Grave violations of International Law that took place in May 1945 at Bleiburg together with related extraditions and death marches are representing one of the most traumatic episodes in Croatian history. The author examines historical background of the Bleiburg crime and for the first time in legal science deals with the legal aspects of this tragedy. Emphasis is placed on determining responsibility of states, military units and individuals for the crime. Responsibility is founded on the Rules and Customs of War as well on the judicial practice and International Conventions relevant for that time. Fundamental idea of the paper is that Bleiburg crime must not go by without punishment. [ABSTRACT FROM AUTHOR]

In this paper the material of responsibility of the state for the damages caused by terrorist acts, public demonstrations and manifestations has been presented. The article 180. of Contractual obligations act has been for many years the ground for this responsibility. According that article, the state was in obligation to repair this damage no matter the amount or kind of the damage. In 1996. the Act for changing the Contractual obligations act has erased article 180. and the court proceedings have been stopped. The reason for that were many charges brought against the Republic of Croatia for repairing this damage which also represented an enormuous economic weight against its budget. In 2003. a new act has been brought by the name an Act which regulates the responsibility for the damage caused by terrorist acts and public demonstrations. That act substituted article 180. of Contractual obligations act and the court proceedings continued. That act also made some changes in the system of state's responsibility for the damage caused by this events because that responsibility was now restricted regarding the amount and the type of damages. Because of that, many damaged persons were now left without any reparation or that reparation was decreased. Many of this events happened during the National war. That is a very important fact because the courts also found that some of this events can be regarded as war damage. The state is not responsable for war damage and that means that this courts attitude and the new law were a huge regress for the damaged persons. [ABSTRACT FROM AUTHOR]

This paper deals with the arms embargo as a coercive measure provided in Article 41 of the Charter of the United Nations. The author tries to elicit the legal definition of the term ⪡arms embargo⪢ and provides a short overview of the legal nature of this coercive measure. After examination of the various types of the arms embargo in the United Nations system, the enforcement of the arms embargo by the United Nations Security Council is reviewed. Afterwards, the author provides an analysis of several legal and ethical aspects of the arms embargo, as the most frequently employed and the most controversial of all measures without the use of force in the United Nations legal system. [ABSTRACT FROM AUTHOR]

As we know, in 2005 the new Croatian Law of Obligations was enacted and one of the institutes which were changed was precontractual liability. In this paper, the author analyses the historical developement of this institute concentrating primarily on Jhering's culpa in contrahendo doctrine. The regulation on precontractual liability by the former Law of Obligations was also shown so as to compare it with the existing one which represents a step forward concerning the extent of this liability. Significant attention was also paid to the measure of damages. Moreover, it was interesting to see how common law countries treat precontractual liability, especially Great Britain and the USA, having in mind that their standpoint regarding this institute is somewhat different than that of civil law countries one of which is Croatia (with particular regard to the good faith principle). [ABSTRACT FROM AUTHOR]

The author starts with an analysis of the basic facts of custody over adults, through historical review from Roman law until this day. The paper attempts to entirely incorporate valid and existing legal regulation in the Republic of Croatia related to this institute of family law and persons protected by it. The essay lists reasons for attainment of capacity to exercise rights (attainment of capacity to exercise rights, placement under custody, and reinstitution of capacity to exercise rights) and obligations imposed on the guardian by the Family Act. [ABSTRACT FROM AUTHOR]