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The purpose of the paper is to examine the epigraphic inscription from Materija (Istria) from the legal point of view. Starting from the text of the inscription and critical analysis of its various interpretations made by archeologists and historians, the very aim of the authors is to discover the precise legal contents of the inscription in the context of Roman law, by comparing it with other relevant Roman legal sources and epigraphic material. [ABSTRACT FROM AUTHOR]

This paper deals with two spheres of application of extraordinary cognition - criminal and civil law, while outlining its organizational and functional rules viewed in development from Augustus to Justinian. Analysis of cognitio extra ordinem in the protection of individuals' interests shows that this public-law procedure appeared as an exception to regular, formulary procedure of a private-law character, and that it was applied by new organs created by Augustus' delegation of judicial powers drawn from tribunitia potestas and imperium proconsulare. The gradual development of the Roman state to absolute oriental-type monarchy led to the consolidation of a network of hierarchically organised judicial organs, as well as of rules for a single dual-instance procedure, which in the time of Justinian took on their final shape of an exclusive judicial procedure of a libellar (written) type. Similarly, analysis of cognitio extra ordinem in the protection of the interests of the Roman community (at first, especially of the person of the princeps) shows that this public-law procedure of an inquisitory nature (with a written judgment containing not only the decision on the sanction, but also the legal grounds) appeared as extraordinary in relation to the regular system of quaestiones perpetuae characterised by an accusatory procedure. It was applied by new organs formed by delegation of Augustus' auctoritas. However, up until the 2nd century the Senate court operated, and developed its specific procedure, the so-called cognitio senatus. Further strengthening of imperial power during the 4th and 5th centuries highlighted the principles of singular and efficient cognitional criminal procedure, but also limited the principles of publicity, oral litigation and judges' freedom of ruling. [ABSTRACT FROM AUTHOR]

Reforms of German law of 1998 encompassed commercial, arbitration and transport law. In this paper, the author examines the last, dealing with the questions: what is the ratio of the reform and what consequences it had for German transport in practice, how the reform was implemented, and what are the possibilities of a similar reform in Croatian transport law. The author examines the main issues which influenced the reform, the principles on which it was based, and the norms which implemented those principles, in comparison with international regulation. Special emphasis is placed on cargo transport, carrier liability for damage and the possibility for the parties to regulate certain relations autonomously. The author also deals with multimodal transport and transport which is significantly done by ship. [ABSTRACT FROM AUTHOR]

In the last twenty five years assisted procreation has become a topic of great interest for lawmakers around the world. Ethical dillemmas associated with new procreation methods demand precise laws which leave little uncertainty. Many countries prohibit every other assisted procreation method except in vitro and artificial insemination, but there are also countries that allow even surrogate motherhood. The author begins with defining the medical techniques which constitute assisted procreation today, and continues with explaining the legal framework of assisted procreation in Sweden, Slovenia, Spain, Norway, Austria, and Croatia, with emphasis on distinctive features of each country. The last pages of the paper deal with the right of the child to information about its biological parent. [ABSTRACT FROM AUTHOR]

The term "state sovereignty", defined as the state's highest power within a country, is no longer suitable when describing international relations in the 21st century. State sovereignty is continuously compromised, especially by international economic organizations such as the lMF, which gravely affects the economic independence and sovereignty of many countries. In almost every segment of what used to be the state's domaine reserve, its prerogatives are being threatened by external factors. Perhaps one of the most important, and certainly the most painful attack on a state's sovereignty comes from international judicial institutions, especially international criminal courts. Starting with Nürnberg, through ICTY, hybrid tribunals and finally the ICC, the evolution of international criminal courts, particularly their influence on state sovereignty, seeks our attention and consideration. In its first part this paper deals with the concept of sovereignty from a traditional point of view, but also discussing the changes as a consequence of the process of globalization. The second part contains a short history of the evolution of international criminal courts and a few thoughts on the globalization of justice. The final and most important part deals with a variety of influences that international criminal courts have had on state sovereignty throughout history. [ABSTRACT FROM AUTHOR]

The paper analyses different regulation of marriage procedures in Croatia and different forms of marriage at the present. Legal historical development has greatly affected and contributed to the existing state of marriage in the legal field. According to Croatian Family Code, marriage is a legal life-long union of a man and woman. The Croatian legal system allows for a choice between civil and religious marriage with private law effects. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to show that the concept of State liability nowadays exists to enable the attainment of two goals: namely, the protection of the individual rights and freedoms, on the one hand, and the proper functioning of the public service on the other hand. Despite the antagonism between those two interests, they can be reconciled. If the State opts to protect the individual rights by permitting actions against it, the State gets in fact a partner who will show the spots of dysfunction within the system. Then the relevant authorities could react timely in removing them. In Croatian legislation there are several acts that provide for the liability of State for damage caused by the civil servants, but there is no comprehensive code that would regulate all aspects of State liability. Therefore, the general regime of Croatian Law on Obligations is applied to all issues not covered by those specific laws, such as the issue of causation and fault. Although Croatian positive law on State liability does not differ too much from the other European states, the case-law of Croatian Supreme Court reveals the opposite. The result of this is that the aggrieved citizen is not entitled to damages, unless the act or omission of the servant is a crime and not merely a tort. Nevertheless, there are improvements. In 2003, Croatia reintroduced the State liability for damages caused by terrorist acts and public demonstrations, military or police acts that previously existed within the Law on Obligations and then were derogated because of the overwhelming actions due to the war. This was a direct consequence of a decision of the European Court for Human Rights. Further on, the case-law of the Croatian Constitutional Court becomes more and more developed giving it the status of a guardian and a sort of Croatian legal 'avant-garde'. Although the improvements in certain spheres of Croatian law and the practice of the Croatian Constitutional Court are most welcome, it is still necessary that even ordinary courts accept such attitude in regard to the State liability. Otherwise, there is an improper balance between the interests of the State and protection of individual rights, at the prejudice of the latter. Due to the facts that Croatia is a candidate country for the membership in the EU and that one of the requirements for that is the stability of institutions guaranteeing democracy, the rule of law, human rights and the ability to take on the obligations of membership, the presentation of the current state of affaires in Croatian law is followed by a short overview of the concept of State liability in the EU law. [ABSTRACT FROM AUTHOR]

The paper begins with the analysis of the institute of protectorate, and of all other forms in which the institute of protectorate could be found, particularly in those forms that were created in the classical international law. Further more, the main characteristics of this institute are being analyzed (its influence on an international legal capacity of a protected state), as well as the various forms of this institute (quasiprotectorate, collective protectorate, protection etc.). Besides, the author deales with the institute of the International Territorial Administration (ITA), specially concetrating on the state of Bosnia and Hercegovina, and its legal international status. At the end, the author notes the transformation of the protectorate in the sense of the classical international law as a bilateral relation between the protector and the protected state into the modern institute of the International Territorial Administration, used by the international community as a mean by which the international legal order is being secured. [ABSTRACT FROM AUTHOR]

This paper analysis anachronism of traditional sources of energy: primarily from the economical perspective, but also from the perspective of other relevant actors in social development. Furthermore, the analysis looks at the (side) effects of such energy harvesting from, as the author points out, out of date sources. In relation to the human aspiration towards material and spiritual welI-being there is an obvious need for modern man's greater knowledge of the effects and threats to the global heath and ecological environment in constant danger. Starting from the widespread use of energy sources such as water, the sun and the wind, as well as energy coming from the waves and hydrogen, scientific research today shows excellent results in ecological terms as well as economic. The results indicate an amazing advantage of these modern sources over the traditional ones based on fuel combustion. All of these and the arising number of lobbying groups on one side and society on the other indicate a stronger need for international legal regulation which is still at its beginning. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to present flexibilization as a common name for different methods which, in order to increase profit and to keep the competition level, tend to transfer labor costs by diminishing social elements traditionally connected with work as it has been known for decades. The main mechanism to this end is reducing the restrictions and rigidness of labor law, which primarily has a negative impact on the safety of the working place, but also a positive effect on social and labour inclusion of women and elderly persons, who are recognized as hardly employable cathegories of workers. The most flexible labour relations are in the USA, but flexibilization took place first in Europe due to the transformation of the rigid labour laws in 1970s. Because of the trade unions action, the flexibilization in its basic sense, namely the cutting of costs, was transformed into "flexicurity", the system in which the state has taken over some of the social burden from the employers. There is also a detailed classification of the flexibilization methods, either legal or non-legal. Some of the current issues on this topic with respect to Croatia have been analyzed too, since the flexibilization has appeared in several reforms in the field of labor law and social security in Croatia. [ABSTRACT FROM AUTHOR]

Condominium, or according to Croatian positive law-ownership of special part of real estate, is a complex legal institute, especially in the Croatian legal system. The purpose of this paper is to make an overview of all the main elements of condominium, together with some related legal issues. The author initially describes the concept and characteristics of condominium, with a brief outline of its historical development. Further topics are establishment, disposition and management of condominium. This legal institute has been described according to the way it is regulated by Croatian statutory law. [ABSTRACT FROM AUTHOR]

This work has endeavored to present the development of a specific problem of punishment and its essential theoretical explanations through the rise of classical philosophical thought of western civilization. In the period from Socrates through 18th century, the idea of punishment was defined through all its aspects. Also, at the beginning of the exposition, it was necessary to give the broad sense of particular terms as parts of the subject of self-conscious man. The second part of the paper focuses on the constructed systems of Kant and Hegel, consisting of the most basic facts and elements of modern punishment such as: guilt, individualization, subjective and objective elements of a punishable deed of equal importance, the principle of the rule of law, moderateness and restriction in the very procedure of the execution of punishment etc. In conclusion, the author deals with establishment of indisputable criteria within the absolute categories of morals and justice as the greatest achievements of European philosophy and its most famous thinkers. [ABSTRACT FROM AUTHOR]