- Type of paper
: Book
Title: Commercial Companies
- Authors:
- Barbić, Jakša (2103)
- Editors
- Porobija, Mario
Publisher: Consult Invest d.o.o.
Year: 1991
Number of pages: 228
Number of references: 194
Language: hrvatski
Summary: The book is a comprehensive overview of the rules of the
Law onenterprises (1988) written in comparative manner. In introductorypart
a breaf historical development of domestic company law afterthe second
world war is given and the types of enterprises inaccordance of the their
property regime are considered. From thegroup of capital companies joint
stock companies and limitedliability companies and their menagement are
analyzed. From thepersonal companies limited partnership, partnership, and
secret(silent) partnership are presented. At the end the precorporationis
considered.
Keywords: enterprise, company, joint stock company, limited liability company, partnership, limited partnership, shares, secret partnership, memorandum of association, by-laws of association, articles of association, general meeting, board of directors, supervisory board.
- Type of paper
: Book
Title: Commercial Companies
- Authors:
- Barbić, Jakša (2103)
- Editors
- Ostoja, Darko
- Šušnjara, Alfons
Publisher: Consult Invest d.o.o.
Year: 1992
Number of pages: 306
Number of references: 243
Language: hrvatski
Summary: The book is a comprehensive overview of the rules of the
Law onenterprises (1988) written in comparative manner. In introductorypart
a breaf historical development of domestic company law afterthe second
world war is given and the types of enterprises inaccordance of the their
property regime are considered. From thegroup of capital companies joint
stock companies and limitedliability companies and their menagement are
analyzed. From thepersonal companies limited partnership, partnership, and
secret(silent) partnership are presented. The rules of the GeneralCivil
Code on partnership are considered too. At the end theprecorporation is
analyzed.
Keywords: enterprise, company, joint stock company, limited liability company, partnership, limited partnership, shares, secret partnership, memorandum of association, by-laws of association, articles of association, general meeting, board of directors, supervisory board.
- Type of paper
: Book
Title: Private International Law - General Part
- Authors:
- Sajko, Krešimir (42122)
- Editors
- Bekavac, Ivan
Publisher: Narodne novine
ISBN: 953-6053-01-2
Year: 1993
Number of pages: 228
Number of references: 367
Language: hrvatski
Summary: In the introductory part the notion, methods, name and
goals ofthe private international law, its historical development
andsources of Croatian and foreign codified private internationallaw are
elaborated. The central part of the book deals with thestructure of
conflict of laws rules and with the most importantissues of the general
part of private international law, e.g.characterization, renvoi, evasion of
law, preliminary question,adjustment, application of foreign law,
intertemporal rules,public policy. In the final part directly applicable
rules andnew methods in the theory of USA conflict of laws are considered.
Keywords: private international law, conflict of laws, sources of law, characterization, renvoi, evasion of law, preliminary question, adjustment, application of foreign law, intertemporal rules, public policy. directly applicable rules, domicile, residence, place of business, connecting factor.
- Type of paper
: Paper in book
Title: Jurisdiction and Procedure
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Stanković, Obren
Publisher: Nomos
ISBN: 86-81781-02-2
Year: 1991
Pages: from 151 to 273
Language: hrvatski
Summary: This is a commentary on the rules of the Private
InternationalLaw Act dealing with international jurisdiction of courts
andother bodies in the cases with international element. Furthermorethe
author comments the rules of the same law which relate to thecapability of
the parties to sue and be sued, standing,lispendence, actio iudicatum solvi
and exemption from theadvanced payment of the costs of the proceeding.
Keywords: jurisdiction, exclusive jurisdiction, elective jurisdiction, standing, domicile, seat, place of business, proceeding, costs of the proceeding, lispendence, cautio iudicatum solvi, reciprocity.
- Type of paper
: Paper in book
Title: Recognition and Enforcement of Foreign Awards
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Stanković, Obren
Publisher: Nomos
ISBN: 86-81781-02-2
Year: 1991
Pages: from 275 to 343
Language: hrvatski
Summary: This is a commentary on the rules of the Private
InternationalLaw Act dealing with the recognition and enforcement of
foreignjudicial and arbitral awards. The notion of the "foreign
judicialjudgment (award)" and "foreign arbitral award" are
explained.Furthermore the requirements for their recognition andenforcement
as well as the proceeding of their recognition andenforcement are
considered.
Keywords: foreign award, judicial award, arbitral award, proceeding, recognition, enforcement, exclusive jurisdiction, reciprocity, res iudicata, public policy.
- Type of paper
: Paper in book
Title: Arbitral Settlement of Labour Disputes
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 53 to 58
Number of references: 13
Language: hrvatski
Summary: Problems which have arised after entering into force
theLabour Law Act of 1990 of the Republic of Croatia are considered.Lack of
precise provisions has left many ambuiguities, takinginto account that such
way of resolution of disputes includesalso the presence of condition of
equal economic and legalposition of parties. Author analyzes certain types
ofarbitration, the content of arbitrtion agreement, andpossibility of its
setting aside.
Keywords: arbitration, competence, labour disputes, arbitrability, arbitration agreement, collective agreement, setting aside of arbitral award.
- Type of paper
: Paper in book
Title: Permanent Court of Arbitration at the Croatian Chamber of
Commerce
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 95 to 108
Number of references: 27
Language: hrvatski
Summary: The author describes the historical development of the
arbitralsettlement of domestic disputes in the Republic of Croatia.
Thereview of organization and jurisdiction of Permanent arbitrationCourt of
the Croatian Chamber of Commerce is considered. TheCourt has jurisdiction
for two types of procedures: conciliationand arbitration. The author
analyzes both procedures. Arbitrationprocedure is governed by the Rules of
procedure of the Court,unless parties have agreed in written form on
another rules ofprocedure.
Keywords: arbitration, court of arbitration, rules of arbitration, conciliation, permanent court of arbitration, Croatian Chamber of Commerce, arbitral award, domestic disputes, competence, jurisdiction, arbitral procedure
- Type of paper
: Paper in book
Title: Multiparty Arbitration - "Joinder of Parties" and
"Intervention"
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 109 to 119
Number of references: 44
Language: hrvatski
Summary: Multiparty business transactions which involve more than
twoparties usually cause multiparty arbitration procedure. Authorconsiders
three main solutions for settlement of multipartydisputes: consolidation of
separate procedures, joinder ofparties and impleading (interpleading). The
problem of multipartyprocedures is of very complex nature and could
restrict theattractiveness of arbitration. The solution can be found in
usingof institutional arbitration which could envisage the problemsin their
rules of procedure.
Keywords: international commercial arbitration, multiparty arbitration, consolidation of separate procedures, joinder of parties, impleading, institutional arbitration, composition of tribunal, arbitral procedure, impleader, intervention, interpelader.
- Type of paper
: Paper in book
Title: Arbitrability in Domestic and Foreign Law
- Authors:
- Sajko, Krešimir (42122)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 25 to 35
Number of references: 9
Language: hrvatski
Summary: The author considers the question of arbitrability which is
acondition for validity of arbitration agreeement. The question
isconsidered from different aspects: the subject-matter of arbitraldispute,
question of jurisdiction, and arbitrability rationepersonae. After the
review of domestic rules, the author analyzesthe solutions and practice in
foreign law. Finally the questionof control of arbitrability in the
arbitration proceeding, aswell as the proceeding for setting aside and
recognition ofarbitral award are presented.
Keywords: international commercial arbitration, arbitrability, setting aside of arbitral award, recognition of arbitral award, arbitration agreement, enforcement of arbitral award.
- Type of paper
: Paper in book
Title: Arbitral Settlement of Domestic and International
Commercial Disputes
- Authors:
- Triva, Siniša (50503)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 1 to 24
Number of references: 55
Language: hrvatski
Summary: Problems which are of significant importance for
arbitration laware considered. The author underlines the reasons which
havecontributed to development of arbitral resolution of disputes,and
possible negative aspects of arbitration. The core ofcontemporary
arbitration law consists of universally acceptedrules. Their gives insight
to the conditions for recognition andenforcement of arbitral awards in
foreign countries, but alsodiscovers the differences which exist in
national legal systems.
Keywords: international commercial arbitration, UNCITRAL, arbitration clause, arbitration argeement, arbitrability, applicable law, setting aside, equity.
- Type of paper
: Paper in book
Title: Arbitral Settlement of Disputes between Company Members
- Authors:
- Triva, Siniša (50503)
- Editors
- Dropulić, Ivan
- Erak, Šime
Publisher: Progres
Year: 1991
Pages: from 59 to 74
Number of references: 33
Language: hrvatski
Summary: The authors consider the question of arbitrability of
disputesbetween members of company and between members of company
andcompany itself. Analyze of the Law of Civil Procedure and Law ofForeign
Investmens follows. The question of arbitrability rationepersonae emerges
in conjunction with the possibility thatgovernment of the Republic of
Croatia, Fund for development ormunicipal assembly conclude such agreemen.
The authors suggestsolutions in accordance with the Washington Convention
of 1965.
Keywords: international commercial arbitration, arbitrability, Washington Convention, company law, members of company, investment disputes, disputes, State.
- Type of paper
: Paper in book
Title: The Taking of Provisional Measures in Arbitration
According to the Yugoslav Law
- Authors:
- Dika, Mihajlo (9660)
- Filipović, Velimir (11895)
- Editors
- Voskuil, Cornelius Carel Adalbert
Publisher: Maklu Publishers
ISBN: 90-6215-287-2
Year: 1991
Pages: from 163 to 169
Number of references: 15
Language: engleski
Summary: The author analyses the notion of term "provisional
measures" inthe arbitration law of different countries, the application
ofprovisional maesures in arbitral proceedings and the role of theState
courts in application of provisional measures.
Keywords: international commercial arbitration, provisional measures, arbitral proceedings, arbitration agreement, court, international commercial dispute, administration of justice, award, judgement, settlement, recognition and enforcement, execution, interim award.
- Type of paper
: Paper in book
Title: Establishing the Law by which to judge an International
Obligation
- Authors:
- Matić, Željko (29614)
- Editors
- Voskuil, Cornelius Carel Adalbert
Publisher: Maklu Publishers
ISBN: 90-6215-287-2
Year: 1991
Pages: from 83 to 104
Number of references: 50
Language: engleski
Summary: Conflict rules for contracts and torts are considered.
Inapplication of conflict rule the author states that a judge maybe faced
with legal gaps or the need to determine the content offoreign law. In
determination the law applicable to contractsdifferent aspects of the
principle of party autonomy arediscussed. The inadequacy of the lex loci
delicti to be appliedto various classes of torts and the possiblity of
splitting(depecage) of torts are analyzed. The role of public policy,renvoi
and mandatory in determination of law applicable tocontracts and torts are
considered.
Keywords: sources of law, international conventions, conflict rule, choice of law, applicable law, contract, party autonomy, public policy, renvoi, torts, subsidiary applicable law, conflict of laws, private international law.
- Type of paper
: Paper in book
Title: European Convention on Jurisdiction and Enforcement and
ex-Yugoslav law
- Authors:
- Sajko, Krešimir (42122)
- Editors
- Jayme, Erik
Publisher: C.F. Mueller Verlag
ISBN: 3-8114-2892-6
Year: 1991
Pages: from 65 to 85
Number of references: 51
Language: njemački
Summary: The author compares the rules of Yugoslav
internationalprocedural law with the Rules of Brussels Convention
onJurisdiction and Enforcement of Judgements in Civil andCommercial Matters
of 1968 and with the rules of LuganoConvention of 1988. He concludes that
the differences are ofminor importance and the accession of Yugoslavia to a
similarconvention for countries of Middle and East Europe might bepossible.
Keywords: international jurisdiction, exclusive jurisdiction, elective jurisdiction, court decissions, Brussels convention, Lugano convention, recognition and enforcement, civil matters, commercial matters.
- Type of paper
: Paper in book
Title: On Jurisdiction Agreements from the Perspective of
Pan-European Unification of International Procedural Law
- Authors:
- Sajko, Krešimir (42122)
- Editors
- Sumampow, Mathilde
Publisher: Martinus Nijhoff Publishers
ISBN: 0-7923-1969-9
Year: 1992
Pages: from 257 to 265
Number of references: 25
Language: engleski
Summary: The author analyzes some issues on prorogation and
derogation ofinternational jurisdiction by agreement of the parties on
thebasis of internal laws and international treaties as well as caselaw of
selected European countries. The analyzed issues are:admissibility and
substantive validity of the agreement, theeffects of exclusive jurisdiction
rules on the validity ofjurisdiction agreement and the existence of dispute
with aninternational character.
Keywords: prorogation, derogation, international jurisdiction, jurisdiction agreement, admissibility, substantive validity, international character, international dispute, exclusive jurisdiction, mandatory rules, Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Lugano Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters
- Type of paper
: Paper in book
Title: The Judge and the Conflict Rule. Reflections on
Psychological Aspects of the Approach to the Conflict Rule
- Authors:
- Matić, Željko (29614)
- Editors
- Sumampow, Mathilde
Publisher: Martinus Nijhoff Publishers
ISBN: 0-7923-1969-9
Year: 1992
Pages: from 227 to 230
Language: engleski
Summary: The assertation of the applicable law to a particular
legalrelation with international element could be a painfull process.In
this process a judge can be faced with different intellectualand moral
dilemmas. The author describes firstly the judge facedwith the domestic
conflict rule, and afterwards the problemswhich are in front of him when he
applies the foreign law.
Keywords: conflict rule, private international law, conflict of laws, judge, domestic law, content of law, foreign law.
- Type of paper
: Paper in book
Title: The Law Applicable to Contracts: Dilemmas in Absence of
Judicial Decisions
- Authors:
- Matić, Željko (29614)
- Editors
- Posch, Willibald
Publisher: Abteilung fuer IPR, Privatsvergleichung und Einheitsprivatrecht, Institut fuer Buergerliches Recht, Karl-Franzens-Universitaet
ISBN: 3-9012-9600-X
Year: 1992
Pages: from 17 to 40
Number of references: 36
Language: engleski
Summary: The author presents some open questions in determinationof
the law applicable to contrats. Concernig the choice of law heconsiders the
problems of express and implied choice, choice ofseveral laws, moment of
choice, changes in the chosen law.Furthermore he analyzes the concept of
the closest connection incases of the absence of a valid party's choice of
the applicablelaw. In conclusion there is an analysis of public policy,
renvoiand mandatory rules of the forum as techniques of escape from
theconflict rule.
Keywords: conflict rules, conflict of laws, applicable law, law of contracts, party autonomy, choice of law, implied choice, express choicel, lex mercatoria, depecage, splitting of laws, subsidiary applicable law, closest connection, characteristic performance, renvoi, public policy, mandatory rules.
- Type of paper
: Paper in book
Title: Recognition and Enforcement of Foreign Judicial Decisions
- Authors:
- Sikirić, Hrvoje (149935)
- Editors
- Posch, Willibald
Publisher: Abteilung fuer IPR, Privatsvergleichung und Einheitsprivatrecht, Institut fuer Buergerliches Recht, Karl-Franzens-Universitaet
ISBN: 3-9012-9600-X
Year: 1992
Pages: from 41 to 76
Number of references: 114
Language: hrvatski
Summary: The author considers the recognition and enforcement
offoreign judicial decisions under the rules of Act on PrivateInternational
Law. He defines the notion of "foreign judicialdecision" and furthermore
analyzes the legel requirements fortheir recognition and enforcement.
Finally he analyzes theprocedure of the recognition and enforcement of
foreign judicialdecisions.
Keywords: international procedural law, recognition, enforcement, foreign judicial decision, jurisdiction, recognition procedure, enforcement procedure, exclusive jurisdiction, reciprocity, public policy, res iudicata, judicial decision.
- Type of paper
: Paper in book
Title: Amendment Law of 16. July 1990 of the Law on Civil
Procedure
- Authors:
- Triva, Siniša (50503)
- Editors
- Triva, Siniša (50503)
Publisher: IIB "Propisi i praksa"
Year: 1991
Pages: from 1 to 20
Language: hrvatski
Summary: The author analyzes the amendments of the Law on Civil
Procedureof 1990, espacially the rules concerning the role of the judge
inthe proceeding, the judgement rendered as a consequence of theactors
renunciation of the suit, the implementation of the ruleson the burden of
proofs and the rules on arbitration procedure.
Keywords: Law on Civil Procedure, role of judge, burden of proofs, equity, judgment, renunciation of suit, audiatur et altera pars, international arbitration, domestic arbitration, arbitration agreement, nullity of arbitral award, arbitral award.
- Type of paper
: Paper in journal
Title: Arbitral Resolution of Disputes in Matters with
Post-Yugoslav Element - Some Actual Problems
- Authors:
- Dika, Mihajlo (9660)
Journal: Prinosi za poredbeno proučavanje prava i međunarodno pravo
Number: 22
ISSN: 0351-5478
Volume: 22
Year: 1992
Pages: from 1 to 12
Number of references: 23
Language: hrvatski
Summary: The author analyzes three most important theoretical
andpractical problems in the field of arbitral resolution ofdisputes after
the governmental and legal breakdown of formerYugoslavia, i.e. arbitration
agreemenents and arbitrations ingeneral in the relations between
contracting parties withinterritory of former Yugoslavia; legal sitaution
regardingconflicts for which the jurisdiction of former Foreign
TradeArbitration attached to the Yugoslav Chamber of Economy has beenagreed
upon; resolution of disputes before the former MilitaryCommercial
Arbitration in Belgrade.
Keywords: arbitration, arbitral resolution of disputes, domestic arbitration, international arbitration, post-yugoslav element, arbitration agreement, Foreign Trade Arbitration, Military Commercial Arbitration, foreign arbitral award.
- Type of paper
: Paper in journal
Title: Do we need a Commercial Code
- Authors:
- Barbić, Jakša (2103)
Journal: Privreda i pravo
Number: 11
ISSN: 0032-8952
Volume: 30
Year: 1991
Pages: from 655 to 668
Language: hrvatski
Summary: The author pleads for consistent legal system of the
Republic ofCroatia for relations in the ceonomy consisting of concise
andclear regulations. It should be worked out a concept of thefuture legal
system and devised sets of rules for individualspheres. Their assessment
should be made on one place. One offoundations on which this new legal
system should rest is acommercial code. The author proposes what such a
code shouldcontain and on which model it should be made.
Keywords: legal relations, economic relations, commercial code, companies.
- Type of paper
: Paper in journal
Title: Settlement of International Commercial Disputes
- Authors:
- Dika, Mihajlo (9660)
Journal: Privreda i pravo
Number: 5
ISSN: 0032-8952
Volume: 31
Year: 1992
Pages: from 314 to 322
Language: hrvatski
Summary: The author analyzes the key problems caused by the
independenceof the Republic of Croatia on the settlement of
internationalcommercial disputes. These problems are issues which
concernrelations with post-Yugoslav elements, international-lawregulation
of requirements for judicial and arbitral settlementof international
commercial disputes and the recognition andenforcement of decisions
rendered in such disputes, and thespecifities of the settlement of disputes
in connection withforeign invesment. Suggestions for overcoming these
problems areexpressed.
Keywords: commercial disputes, international commercial arbitration, post-Yugoslav element, international agreement, Arbitral court at the Croatian Chamber of Commerce, recognition and enforcement, foreign investment.
- Type of paper
: Paper in journal
Title: Several Notes on the New Croatian Private International
Law
- Authors:
- Grigić, Boris (108061)
Journal: Pravni vjesnik
Number: 1
ISSN: 0352-5317
Volume: 7
Year: 1991
Pages: from 131 to 136
Number of references: 45
Language: hrvatski
Summary: The author analyzes some aspects of taking over of the law
of theformer SFR Yugoslavia into the legal system of the sovereign
andindependent Republic of Croatia in the field of the privateinternational
law. He directs attention to numerous imperfectionsand problems that have
been caused through this. He also suggestsurgent measures for the
improvement of the present situation, aswell as the modes of creating a new
Croatian privateinternational law which would be of high quality.
Keywords: conflict of laws, private international law, taking over, international agreements.
- Type of paper
: Paper in journal
Title: Which Type of Free Zones Croatia Needs
- Authors:
- Grigić, Boris (108061)
Journal: Informator
Number: 4022
Volume: 40
Year: 1992
Pages: from 1 to 3
Number of references: 15
Language: hrvatski
Summary: The author analyzes the Law on Free Zones of 1991. Three
mainimperfections of the law are determined: unclear regime of importand
export of goode in/out of free zones, environmentalprotection and the
protection of work conditions in free zones,possibility of permanent
exemption of the payment of tax onprofit. The author suggests the passing
of new law on free zoneswhich will define three kind of free zones: free
zones out ofsupervision of Croatian customs authorities, zones
fordevelopment incorporeted in Croatian customs system andscientific parks.
Keywords: free zones, import/export of goods, tax exemptions, customs area, environmental protection, tax on profit, zone of development, scientific parks.
- Type of paper
: Paper in journal
Title: International Commercial Arbitration in Croatia -
Permanent Court of Arbitration at the Croatian Chamber of Commerce
- Authors:
- Grigić, Boris (108061)
Journal: Informator
Number: 4026
Volume: 40
Year: 1992
Pages: from 5 to 6
Number of references: 12
Language: hrvatski
Summary: The author describes breafly the history of the Permanent
Courtof Arbitration at the Croatian Chamber of Commerce and analyzesthe
Rules of the settlement of disputes with an internationalelement (Zagreb
Rules of 1992) before this institution. Theprinciples and the basic
provisions of the Rules and theirindividual solutions are considered,
especially the issues ofjurisdiction, language, parties representatives,
election ofarbitrators, provisional measures, secrecy of the arbitral
award,applicable law and internal supervision of the rendered awardwithin
the Permanent Court.
Keywords: international commercial arbitration, Permanent Court at the Croatian Chamber of Commerce, Zagreb rules, jurisdiction, parties, seat of the arbitration, language, representatives of parties, provisional measures, secrecy of arbitral proceedings, applicable law, award.
- Type of paper
: Paper in journal
Title: Why the Copyright Law should be amended
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator
Number: 3391
Volume: 40
Year: 1992
Pages: from 21 to 22
Language: hrvatski
Summary: Author considers the Croatian Copyright Law and the
neccesity ofits amendements, scope of its application, citizenship ofthe
author, questions related to Bern Convention for Protectionof Literary and
Artistic Works and Universal CopyrightConvention, authors and peromers
rights. He concluds thatammended Croatian Copyright Law should be the first
step towardsthe new legislation in the field of the copyright law and
otherintelectual property laws.
Keywords: Copyright law, scope of application, citizenship of the author, citizenship, Universal Copyright Convention, Bern Convention for Protection of Literary and Artistic Works, author, perfomer, intelectual property right, literary work, artistic work,
- Type of paper
: Paper in journal
Title: Croatian Authors Organizations admitted to CISAC -
International Confederation of Societies of Authors and Composers
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator
Number: 4008
Volume: 40
Year: 1992
Pages: from 1 to 2
Language: hrvatski
Summary: Author informes that the Croatian authors organizations
have beenadmitted to the International Confederation of Societies ofAuthors
and Composers - CISAC and explains the tasks andorganization of the CISAC.
He considers the internationalconventions on copyright (Bern Convention for
Protection ofLiterary and Artistic Works and Universal Copyright
Convention),their application in Croatia, international protection
ofcopyright and Croatian copyrights organizations: CroatianComposers'
Society and Croatian Authors Agency.
Keywords: artistic work, literary work, authors agency, author, composer, Copyright Law, international convention, Bern Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, Croatian composers' society, Croatian authors agency, International Confederation of Societies of Authors and Composers.
- Type of paper
: Paper in journal
Title: Copyright Law in the State Members of the EC - I
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator
Number: 4032
Volume: 40
Year: 1992
Pages: from 17 to 18
Language: hrvatski
Summary: Author considers the Copyright Law of the European
Community,particulary national legislations of the States member,
thesubject of the legal protection and explains the notion of"author".
Keywords: author, copyright caw, European Community, law of the European Community, national legislation, legal protection, Universal Copyright Convention, Bern Convention for Protection of Literary and Artistic Works, literary work, artistic work.
- Type of paper
: Paper in journal
Title: Copyright Law in the State Members of the EC - II
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator
Number: 4042
Volume: 40
Year: 1992
Pages: from 13 to 15
Language: hrvatski
Summary: Author considers the copyright law of the European
Community,particulary national and Community legislation on copyright,right
of reproduction, right to inform, duration of copyrightprotection and
harmonisation of national laws.
Keywords: author, copyright law, European Community, law of the European Community, copyright protection, Universal Copyright Convention, Bern Convention for Protection of Literary and Artistic Works, literary work, artistic work, right to be informed, personal rights, ethical rights.
- Type of paper
: Paper in journal
Title: Application of Law to Business Relations with
International Elements - with Special Reference to the Development of
Private International Law in Europe
- Authors:
- Matić, Željko (29614)
Journal: Privreda i pravo
Number: 5
ISSN: 0032-8952
Volume: 31
Year: 1992
Pages: from 266 to 275
Number of references: 17
Language: hrvatski
Summary: The author analyzis the impact of Yugoslavia's dissolution
onCroatian private international law. Mention is made of the RomeConvention
of the European Community of 1980, of the new laws onprivate international
law of Austria, Hungary and Switzerland,and of the two Hague conventions
passed within the framework ofthe Hague Conference on Private International
Law, and whichrelate to agency and international sale contracts. The need
isemphasized for the adjustment of Croatian law to that of theEuropean
Community to bring it closer to the latter's legalsystem.
Keywords: conflict of laws, private international law, Rome Convention of 1980, Austria, Hungary, Switzerland, The European Community Convention on the Law Applicable to Contractual Obligations of 1980, The Hague Conference, The Hague Convention on Agency, The Hague Convention on Contracts in International Sale of Goods, applicable law, party autonomy.
- Type of paper
: Paper in journal
Title: Patent Protection of Computer Programmes in European and
Overseas Legal Systems
- Authors:
- Parać, Zoran (106845)
Journal: Privreda i pravo
Number: 9
ISSN: 0032-8952
Volume: 30
Year: 1991
Pages: from 570 to 587
Number of references: 82
Language: hrvatski
Summary: The author makes a distinction between direct and indirect
patentprotection of programmes, and, after reviewing the relevantsituation
in several world legal systems, arrives to theconclusion that computer
programmes cannot be recognized ashaving the character of a directly
patentable invention. Asregards intdirect protection, and on the basis of
European andAmerican experiences, he considers that such protection would
bepossible in the Croatian legal system, too.
Keywords: patent protection, computer programmes, European Patent Office, Germany, The Netherlands, France, Switzerland, Austria, Hungary, United States of America, Australia.
- Type of paper
: Paper in journal
Title: Legal Status of Subsidiary Firms in Other States
- Authors:
- Parać, Zoran (106845)
Journal: Privreda i pravo
Number: 5
ISSN: 0032-8952
Volume: 31
Year: 1992
Pages: from 258 to 265
Number of references: 10
Language: hrvatski
Summary: The author discusses the legal status of subsidiary firms
abroadaccording to the legal rules of former Yugoslavia which have
beentaken over in the Republic of Croatia. The relations betweenfirms
abroad and their founders are burdenet with numerousunnecessary
restrictions, which should be remowed in the newlegal system.
Keywords: subsidiary firms, foreign investment, seat, founder, foreign countries.
- Type of paper
: Paper in journal
Title: Joint Ventures in East European Countries
- Authors:
- Sajko, Krešimir (42122)
Journal: Ritsumeikan Law Review
Number: 6
ISSN: 0912-4322
Volume: 1
Year: 1991
Pages: from 101 to 109
Number of references: 37
Language: engleski
Summary: After a short historical overview on the development of
foreigninvestments, the autor gives elaborates laws regulatingthis matter
in Bulgaria, Czech and Slovac Republic, Hungary,Poland and USSR and defines
the notion of foreign investor.Further he analyses the forms of companies
eligible for foreigninvestments and its establishement in these countries.
Specialsections are devoted to contributions in intellectual propertyrights
and to guarantees which foreign investors may enjoy.
Keywords: foreign investments, foreign investor, contribution, Bulgaria, Hungary, Poland, USSR, Yugoslavia, Czech and Slovak Republic, company, joint ventures, guarantees, intellectual property rights.
- Type of paper
: Paper in journal
Title: General Principles of Law as a Source of Law in the
European Communities
- Authors:
- Vukas, Budislav (53760)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 3
ISSN: 0350-2058
Volume: 42
Year: 1992
Pages: from 253 to 265
Number of references: 49
Language: hrvatski
Summary: The first field of research in this article is the history
andscope of the general principles of law in public internationallaw. As
far as the European Community is concerned, the authordistinguishes the
following four categories of generalprinciples: a) general principles of
law common to all legalsystems; b) general principles of law common to
legal systems ofStates members of the European Communities; c)
principlesstemming from the common will of the States members; d)
generalprinciples of international law.
Keywords: general principles of law, european law, European communities, sources of law, international law, public international law, audiatur et altera pars, ne bis in idem.
- Type of paper
: Paper in journal
Title: On Harmonization of Croatian International Procedural Law:
Some Open Issues and Feasible Solutions
- Authors:
- Sajko, Krešimir (42122)
Journal: Prinosi za poredbeno proučavanje prava i međunarodno pravo
Number: 22
ISSN: 0351-5478
Volume: 22
Year: 1992
Pages: from 12 to 23
Number of references: 13
Language: hrvatski
Summary: The autor successfully proves his thesis - that the
Croatianinternational procedural law is similar to the respective systemsof
laws in other European countries - by analysis of notions ofdomicile and
nationality, as connecting factor for theestablishment of international
court jurisdiction, and bypointing out the main features and issues
connected withjurisdiction of "fora patrimonii". As the similarities among
thecompared legal systems are obvious, the author infers that thedesired
harmonization of Croatian with European law would not bedifficult.
Keywords: private international law, harmonization, international procedural law, nationality, domicile, connecting factor, international court jurisdiction.
- Type of paper
: Paper in journal
Title: The Republic of Croatia and the Question of the State
Succession in Respect of Treaties
- Authors:
- Bouček, Vilim (153851)
Journal: Prinosi za poredbeno proučavanje prava i međunarodno pravo
Number: 22
ISSN: 0351-5478
Volume: 22
Year: 1992
Pages: from 32 to 47
Number of references: 54
Language: hrvatski
Summary: The author discusses: the notion of the state succession
from ahistorical point of view, the date of succession as applicable tothe
Republic of Croatia, legal sources, i.e. the ViennaConvention on the
Succession of States in Respect of Treaties of1978. The conclusion is: the
Republic of Croatia should implementall international agreements concluded
or entered into by formerYugoslavia. However, if such a treaty is in
contradiction withthe public policy of the Republic of Croatia, Croatia
shouldimplement provisions of international law governing thesuccession of
States with regard to agreements.
Keywords: State succession, Vienna Convention on the Succession of States in Respect of Treaties of 1978, international law, sovereignty, international treaties, predecessor State.
- Type of paper
: Paper in journal
Title: New German Private International Law and International
Procedural Law
- Authors:
- Sikirić, Hrvoje (149935)
Journal: Prinosi za poredbeno proučavanje prava i međunarodno pravo
Number: 22
ISSN: 0351-5478
Volume: 22
Year: 1992
Pages: from 77 to 96
Number of references: 10
Language: hrvatski
Summary: The article provides an overview of the new German law on
privateinternational and international procedural law of 1986. Theauthor is
of the opinion that the main positive characteristicsof the new German Law
are twofold: the ability of a German courtto establish jurisdiction based
upon habitual residence and theestablishment of rules regulating
contractual obligations.
Keywords: private international law, international procedural law, connecting factor, nationality, domicile, residence, habitual residence, jurisdiction, procedure, Germany, conflict of laws.
- Type of paper
: Paper in journal
Title: Arbitration in Commercial Disputes with an International
Element by the Permanent (Institutional) Court of Arbitration at the
Croatian Chamber of Commerce
- Authors:
- Triva, Siniša (50503)
Journal: Privreda i pravo
Number: 1
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 1 to 29
Number of references: 42
Language: hrvatski
Summary: The principles and the basic provisions of the Rules on
thesettlement of disputes with an international element before thePermanent
Court of Arbitration at the Croatian Chamber ofCommerce - Zagreb Rules of
1992 are considered. As the regard thecomposition and appointment of the
arbitral tribunal the partiesmay agree on the number of arbitrators.
Holding oral hearings isnot obligatory. With respect to many procedural
matters and thechoice of the applicable law, the Rules ensure maximum
partyautonomy. With the explicit consent of the parties arbitratorsmay also
decide cases "ex aequo et bono".
Keywords: Zagreb Rules, international commercial arbitration, international element, arbitration agreement, Croatian Chamber of Commerce, party autonomy, arbitral tribunal, ex aequo et bono, arbitral proceeding.
- Type of paper
: Paper in journal
Title: Types of Authors' Works and their Copyright Protection
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator - male stranice
Number: 4077
Volume: 41
Year: 1993
Pages: from 1 to 8
Number of references: 20
Language: hrvatski
Summary: Author considers copyright works under the Croatian
Copyrightlaw, particulary written works, music works, coreografyworks,
photo works, drows, plans, plastic works, and theirprotection.
Keywords: author, information, copyright works, copyright law, written works, music works, coreografy works, photo works, drows, plans, plastic works, copyright protection.
- Type of paper
: Paper in journal
Title: Republic of Croatia became a State Member of the World
Intellectual Property Organization OMPI-WIPO
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator
Number: 4048
Volume: 41
Year: 1993
Pages: from 8 to 9
Number of references: 10
Language: hrvatski
Summary: The author informs that the Republic of Croatia became a
Statemember of the World Intelectual Property Organization OMPI-WIPO.and
explains the tasks and the organization of the WIPO. Hecontinues with
description of other unions in the field ofindustrial property rights e.g.
Paris Union for the Protection ofIndustrial Property Rights and Bern Union
for the Protection ofLiterary and Artistic works.
Keywords: author, copyright law, World Intelectual Property Organization, OMPI, WIPO, copyright protection, Paris Union ofr the Protection of Industrial Preperty, Bern Union for the Protection of Literary and Artistic works, literary work, artistic work.
- Type of paper
: Paper in journal
Title: Extracontractual Liability in Maritime Carriage of
Hazardous and Noqious Substances. Part one: Introduction, Technological
Aspect of Maritime Carriage of HNS, Efforts to Achieve International
Unification through IM(C)O
- Authors:
- Bravar, Aleksandar (123043)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 1
ISSN: 0350-2058
Volume: 43
Year: 1993
Pages: from 55 to 74
Number of references: 50
Language: hrvatski
Summary: The author analyzes the decades of international efforts
toachieve the viable solution to the problem of "HNS-syndrome"under the
auspices of IM(C)O. Some basic tehnological aspects ofmaritime transport of
HNS are being presented. The role of CMI isalso presented.
Keywords: hazardous substances, noxious substances, maritime transport, extracontractual liability, liability and shipowner, liability and shipper, IM(C)O, CMI, liquid pressurized gas, LPG, liquid natural gas, LNG.
- Type of paper
: Paper in journal
Title: The Principle of Insurability in Contemporary Maritime Law
- Authors:
- Bravar, Aleksandar (123043)
Journal: Privreda i pravo
Number: 9
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 642 to 649
Number of references: 16
Language: hrvatski
Summary: In this paper the author traces the insurability principle
as itis often only implicitly present as underlying ratio in
recentinternational conventions dealing with the institute oflimitation of
shipowners' liability. The role of Protection &Indemnity Clubs as
underwriters of liabilities is beingthoroughly analized.
Keywords: principle of insurability, limitation of shipowners' liability, canalization of liability, unbreakable limit of liability, inflation, P&I Clubs, international maritime conventions, commercial insurability, limitation of liability.
- Type of paper
: Paper in journal
Title: The Commercial Companies Law
- Authors:
- Barbić, Jakša (2103)
Journal: Privreda i pravo
Number: 3
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 147 to 168
Language: hrvatski
Summary: The main features of the Draft Commercial Companies Law
arediscussed. A historical surwey is given of the legal regulationson
commercial companies in Croatia. The reasons are given forproposing the
adoption of a commercial companies law instead of acommercial law. Special
attention is devoted to changes that willtake place with the enactment of
this Law and the finalintroduction of the full ownership concept in company
law.Recommendation are given as to how proceed to make the new
lawapplicable.
Keywords: commercial companies law, commercial company, limited liability company, joint-stock company, general partnership, limited partnership, ownership, shares, investor.
- Type of paper
: Paper in journal
Title: Common Provisions of the Draft Commercial Companies Law
- Authors:
- Parać, Zoran (106845)
Journal: Privreda i pravo
Number: 3
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 169 to 183
Language: hrvatski
Summary: The author discussed the first part of the Draft
CommercialCompanies Law, which contains general provisions concerning
theirlegal status and which apply to all commercial companies andother
entities whose existence is regulated by this Law. Infurther text issues
with sole traders, status of commercialcompany as juridical person, notion
of precorporation areconsidered. The author presents draft rules on firms'
names andtheir protection and their object and place of the
business.Special attention is paid to the procuration and the
fundamentalprovisions on trade register.
Keywords: commercial companies law, general rules, commercial company, trader, sole trader, legal status, juridical person, precorporation, liability for the obligations, firms' name, object of business, place of business, trade register, procuration.
- Type of paper
: Paper in journal
Title: Joint-stock Companies
- Authors:
- Barbić, Jakša (2103)
Journal: Privreda i pravo
Number: 3
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 213 to 232
Language: hrvatski
Summary: The provisions on joint-stock companies contained in the
DraftCommercial Companies Law are presented, especially generalprovisions
of the Law and the formation of joint-stock companies,relations between
companies and their sharehodlers, companies'bodies, changes in a company's
status, an increase and/ordecrease in its capital, nullity and
contestability of theresolutions of a company's general meeting, fusion of
a joint-stock company with other companies, its transformation
andtermination and the Law's transitional and concluding provisionsin so
far as they relate to joint-stock companies.
Keywords: commercial companies law, joint-stock companies, formation, shareholder, board of directors, superivisory board, increase of capital, decrease of capital, company's status, mullity, contestability, general meeting, fusion, transformation, termination.
- Type of paper
: Paper in journal
Title: Types of Companies
- Authors:
- Barbić, Jakša (2103)
Journal: Privreda i pravo
Number: 11
ISSN: 0032-8952
Volume: 32
Year: 1993
Pages: from 836 to 862
Number of references: 17
Language: hrvatski
Summary: The reasons are stated for the enactment of the Law on
Companiesand the content, sources of company law and delimination of
otherbranches of law are defined. Main features of personal companiesand
capital companies, as well differences between them, theposition and role
of members in a commercial company are examinedand the status of property
in it is determined. Concerning thewell-established concept of
"enterprise", the new Law will makedistinction betwwen the commercial
company as the protagonist ofenterprise and the enterprise as a
manifestation of thecompanie's activity and of its action in the market.
Keywords: Law on companies, company law, personal companies, capital companies, property of the company, joint-stock companies, limited liability companies, general partnership, limited partnership, enterprise.
- Type of paper
: Paper in journal
Title: Croatia Must ratify the New 1992 Protocols on Compensation
for Oil Pollution Damage
- Authors:
- Filipović, Velimir (11895)
Journal: Uporedno pomorsko pravo
Number: 1
ISSN: 0353-5487
Volume: 35
Year: 1993
Pages: from 0 to 0
Number of references: 28
Language: hrvatski
Summary: The article deals with basic provisions on compensation for
oilpollution damage of the 1969 Civil Liability Convention and the1971 Fund
Convention, as well as amendements made by Protocols of1976, 1984 and 1992.
The author comes to the conclusion that theRepublic of Croatia must take
steps to harmonize divergentinterests - the development of oil industry and
the developmentof tourism - by ratifying the 1992 Protocols for the purpose
ofproviding adequate compensation for oil pollution damageresulting from
spills of persistent oil in cases of major tankerincidents in the eastern
part of the Adriatic sea.
Keywords: civil liability for oil pollution, damage, international conventions, IOPC Fund, liability of the shipowner, Fund liability, protocols, administration of the Fund.
- Type of paper
: Paper in journal
Title: Why has the Republic of Croatia remained without the Law
on Contracts for Transportation in Road Traffic
- Authors:
- Filipović, Velimir (11895)
Journal: Privreda i pravo
Number: 11
ISSN: 0032-8952
Volume: 30
Year: 1991
Pages: from 705 to 709
Number of references: 12
Language: hrvatski
Summary: The author tries to find reasons why former Yugoslav Law
onContracts for Transportation in Road Traffic has not been takenover into
the Croatian legislation. Under his opinion there areno possibilities to
apply by analogy the positive legalregulations. He proposes its a
posteriori interpolation and atthe same time the work on a new statute. He
considers thatCroatia should ratify the Convention on the Contract for
theInternational Carriage of Goods by Road of 1956 (CMR) and theConvention
on the Contract for the International Carriage ofPassangenrs and Luggage by
Road of 1973 (CVR).
Keywords: contract for transportation in road traffic, transportation by road, goods, passenger, luggage, carriage of goods, carriage of passangers, carriage of luggage, road, Convention on the Contract for the International Carriage of Goods, CMR, Convention on the Contract for the International Carriage of Passengers and Luggage by Road, CVR
- Type of paper
: Paper in journal
Title: Sources of Copyright and Neighboruing Rights
- Authors:
- Henneberg, Ivan (72285)
Journal: Informator - male stranice
Number: 4275
Year: 1995
Pages: from 2 to 12
Language: hrvatski
Summary: This article contains, between other, the review of the
international treaties, particularly: Berne Convention, Universal Copyright
Convention, Satellite Convention, Directives of EU related on copyright and
neighbouring rights and Agreement on Trade Related of International
Property.
Keywords: copyright, directives of EU, literary and artistic works, neighbouring rights, phonograms, satellites, trade ralated of intellectual property.
- Type of paper
: Paper in journal
Title: Arbitrating antitrust disputes, with a special riview on
German law
- Authors:
- Bouček, Vilim (153851)
Journal: Zbornik Pravnog fakulteta u Zagrebu
Number: 3
ISSN: 0350-2058
Volume: 44
Year: 1994
Pages: from 197 to 218
Number of references: 97
Language: hrvatski
Summary: In this article the author deals with the problem of
arbitrating antitrust disputes. Author discusses: the notion of the
antitrust law and terminology, modern trends in national antitrust laws and
arbitrability of antitrust disputes in general. Author gives a special
review of the arbitrability of antitrust disputes under the laws of the
Federal Republic of Germany including Community Law, i.e. the Art. 85 of
the Treaty of Rome.
Keywords: arbitration, antitrust law, antitrust disputes, arbitrability of antitrust disputes, paragraph 91 of the German Law Against Restraints on Competition from 1957, Art. 85 Treaty of Rome.
- Type of paper
: Paper in journal
Title: Ex aequo et bono arbitration - Arbitration "according to
equity"
- Authors:
- Sikirić, Hrvoje (149935)
Journal: Pravo u gospodarstvu
Number: 1-2
ISSN: 1330-5476
Volume: 34
Year: 1995
Pages: from 91 to 126
Language: engleski
Summary: The concept of arbitration "according to equity (ex aequo
et bono) or amiable composition is together with an arbitration "at law",
expressly or impliedly recognized by the majority of national arbitration
laws and rules and is challenging topic in legal doctrine and international
business practice. The exception is English law and the law of Commonwealth
countries. A great many questions in relation to this institute are
answered from the viewpoint of Croatian, Swiss, German, French, Italian and
English law e.g. legal nature of equity clause; its acceptance in
commercial practice; where allowed, is arbitration "according to equity"
presumed or is it possible only if arbitrators are authorised by the
parties to act accordingly; may an amiable compositeur depart from the
contract and modify its terms or adapt the contract to the new
circumstances of the case; public policy rules and limits of his authority;
equity award and reasoning; remidies against an equity award and especially
in arbitration should be: does it detract from the certainty which an
arbitration agreement is expected to provide; what problems may arise in
recognition and enforcement of an equity award in those jurisdictions which
admit only arbitration "at law", i.e. require from an arbitratior to rule
by applying substantive rules of law.
Keywords: arbitration, arbitration at law, arbitration according to equity, amiable compositeur, amiable composition, arbiter, authority of arbitrator, arbitration agreement, pacta sunt servanda, new corcumstances of the case, cogent rules, public policy, arbitral award, equity award, reasoning, remedies, setting asside.
- Type of paper
: Paper in proceedings
Title: Changing of Corporate Structure - some Internal and
International Aspects
- Authors:
- Matić, Željko (29614)
- Parać, Zoran (106845)
- Editors
- Voskuil, Cornelius Carel Adalbert
Proceedings title: The Hague-Zagreb-Ghent Colloquium on the Law of International Trade - Session IX
Language: engleski
Place: The Hague, Nizozemska
Year: 1991
Pages: from 1 to 13
Meeting: The Hague-Zagreb-Ghent Colloquium on the Law of International Trade
Held: from 04/23/91 to 04/26/91
Summary: The authors analyze the position and protection of
minirotyshareholders under the Enterprises Act of 1988. and indicate
somematters not sufficiently regulated in this act which could
affectminority shareholders' rights. In relation to mergers they pointout
that there are only three articles dealing with mergers.Therefore they
indicate problems and questions concerning mergersto be regulated in new
Companies Law. The Enterprises Act doesnot know the concept of "take-over".
The authors suggest for thiscase the application of general rules of the
law of contracts,antitrust regulations and non-statutory defense measures.
Keywords: Enterprises Act of 1988, minority shareholders, preferred shares, priority shares, shares with plural vote, increase of capital, supervisory board, general shareholders' meeting, right to information, mergers, take-over, take-over bid, tender offer, antitrust legislation, non-statutory defense measures.
- Type of paper
: Paper in proceedings
Title: Liability for Harmful Consequences and Class Actions in
Yugoslavia
- Authors:
- Dika, Mihajlo (9660)
- Filipović, Velimir (11895)
- Editors
- Voskuil, Cornelius Carel Adalbert
Proceedings title: The Hague-Zagreb-Ghent Colloquium on the Law of International Trade, Session IX
Language: engleski
Place: The Hague, Nizozemska
Year: 1991
Pages: from 1 to 14
Meeting: The Hague-Zagreb-Ghent Colloquium on the Law of International Trade
Held: from 04/23/91 to 04/26/91
Summary: In this paper the cross-border pollution problem is
firstdiscussed in the light of the international treaties dealing
withliability for such pollution to wich Yugoslavia is a contractingparty.
Furthermore, this problem is examined from the standpointof domestic
substantive law criteria, rules on intenationaljurisdiction and procedural
devices available in respectivecases. Finally, the authors conclude with
some considerations delege ferenda.
Keywords: pollution, liability, harmful consequences, transfrontier pollution, international procedure law, jurisdiction, class action, Brussels Convention on Civil Liability for Oil Pollution Damage, Brussels Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, Vienna Convention on Civil Liability for Nuclear Damage, Convention on International Liability for Damage Caused by Space Objects, compensation for damage, interim measures, provisional measures, relator action, organizational action.
- Type of paper
: Paper in proceedings
Title: Settlement by Arbitration of International Commercial
Disputes
- Authors:
- Triva, Siniša (50503)
- Editors
- Dika, Mihajlo (9660)
- Uzelac, Alan
- Giunio, Miljenko
Proceedings title: Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Language: hrvatski
Place: Zagreb
Year: 1993
Pages: from 1 to 28
Meeting: Prvo hrvatsko arbitražno savjetovanje - Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Held: from 12/09/93 to 12/10/93
Summary: The article deals with the qualifications and terminology
ofarbitration institutes, arguments pro et contra arbitralsettlement are
considered and a historical survey on arbitrationjudicature in Croatia is
given. The role of model-laws as amethod of adjustment of national legal
systems is analysed. Thesettlement in arbitration and the validity of the
Zagreb Rules indisputes initiated at the time when the parties were subject
tothe same state are discussed. The arbitration judicature is seenas a
precondition for the integration of the Croatian economyinto contemporary
global trends.
Keywords: court, tribunal, arbitrator, award, arbitration, arbitral tribunal, Zagreb Rules, international arbitration, commercial arbitration, UNCITRAL, multiparty arbitration, settlement, model law.
- Type of paper
: Paper in proceedings
Title: Substantive Law Applicable to the Settlement by
Arbitration of Disputes with an International Element
- Authors:
- Sajko, Krešimir (42122)
- Editors
- Giunio, Miljenko
- Dika, Mihajlo (9660)
- Uzelac, Alan
Proceedings title: Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Language: hrvatski
Place: Zagreb
Year: 1993
Pages: from 90 to 100
Meeting: Prvo hrvatsko arbitražno savjetovanje - Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Held: from 12/09/93 to 12/10/93
Summary: The author analyses the establishment of the
applicablesubstantive law to the settlement of commercial disputes
withforeign element by arbitration departing from Croatian
privateinternational and arbitral law. If the parties have not chosenthe
law applicable to the merits of disputes law, the rules ofCroatian private
international law in such cases, refere mostlyto the applicable substantive
law on the basis of thecharacteristic performance theory. The lex
contractus could berestricted by mandatory rules of the departing law and
by normswith an exclusively territorial application.
Keywords: private international law, applicable law, arbitral dispute, settlement, international element, party autonomy, substantive law, mandatory rules, industrial property, territorial application, directly applicable rules, characteristic performance.
- Type of paper
: Paper in proceedings
Title: Recognition and Enforcement of Foreign Arbitral Awards
Under Croatian and Slovene laws
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Dika, Mihajlo (9660)
- Giunio, Miljenko
- Uzelac, Alan
Proceedings title: Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Language: hrvatski
Place: Zagreb
Year: 1993
Pages: from 116 to 134
Meeting: Prvo hrvatsko arbitražno savjetovanje - Međunarodna trgovačka arbitraža u Hrvatskoj i Sloveniji
Held: from 12/09/93 to 12/10/93
Summary: The author considers the concept of foreign arbitral award
fromthe point of view of domestic and international law, thepreconditions
for the recognition and enforcement of such awards,and the procedures for
such recognition and enforcement accordingto Croatian and to Slovene law. A
special section is devoted tothe recognition and enforcement of foreign
arbitral awards inrelations with the post-Yugoslav element.
Keywords: recognition, enforcement, foreign arbitral award, arbitration procedure, international commercial arbitration, Croatia, Slovenia, exclusive jurisdiction, reciprocity, res iudicata, public policy, settlement, post-Yugoslav element.
- Type of paper
: Paper in proceedings
Title: Succession of States: Selected International Law Problems
- Authors:
- Vajić, Nina (51383)
- Editors
- Crnić, Ivica
Proceedings title: Građanskopravni aspekti državnopravnog osamostaljenja Republike Hrvatske
Language: hrvatski
Place: Zagreb
Year: 1992
Pages: from 69 to 74
Meeting: Građanskopravni aspekti državnopravnog osamostaljenja Republike Hrvatske
Held: from 04/09/92 to 04/10/92
Summary: As a result of the work of the International Law Commision
on thesubject of State succession the Vienna conventions on successionof
States in respect of treaties (1978) and in respect of Stateproperty,
archives and debts were adopted which, hovewer, did notenter into force.
Due to this fact, as well as to the fact thatmuch of State practice is
equivocal, it can be stated that Statesuccession is still an area of
uncertainty and controversy. Thepaper may help by indicating ways in which
some problems of Statesuccession regarding Croatia could be resolved.
Keywords: State succession, international treaties, State property, State archives, State debts, clean slate doctrine, continuity, International Law Commission, Vienna Convention on the Succession of States in Respect of Treaties, Vienna Convention on the Succession in Respect of Property, Archives and Debts.
- Type of paper
: Paper in proceedings
Title: Selected Problems caused by Taking-over the Federal Laws
on Civil Procedure
- Authors:
- Dika, Mihajlo (9660)
- Editors
- Crnić, Ivica
Proceedings title: Građanskopravni aspekti državnopravnog osamostaljenja Republike Hrvatske
Language: hrvatski
Year: 1992
Pages: from 21 to 27
Meeting: Građanskopravni aspekti državnopravnog osamostaljenja Republike Hrvatske
Held: from 04/09/92 to 04/10/92
Summary: The article deals with selected problems caused by
taking-overthe laws of former Yugoslavia in the field of civil
procedure.The problems analysed in article are the following:
internationaljurisdiction of Croatian courts, internal competence
rationemateriae and ratione loci, representatives of the parties,language
used in the procedure, lispendence in front of theforeign court, execution,
arbitral settlement of disputes.
Keywords: international jurisdiction, jurisdiction, competence ratione materiae, competence ratione loci, lispendence, foreign court, language in the procedure, representatives, execution, arbitral settlement of disputes.
- Type of paper
: Paper in proceedings
Title: International Licensing Agreements - Selected Issues
- Authors:
- Sajko, Krešimir (42122)
Proceedings title: Third International Civil Law Conference
Language: engleski
Place: Stockholm, Švedska
Year: 1991
Pages: from 2 to 7
Meeting: Third International Civil Law Conference
Held: from 06/10/91 to 06/14/91
Summary: The author considers main sources of the domestic law
oninternational licensing agreements. He analyzes the rules ofdomestic law
on technology secrets protection, the concept of acompulsory license,
general conditions for conclusion oflicensing agreement, prohibited
restrictive clauses, applicablelaw for the international licensing
agreement and abitrability ofthe disputes on international licensing
agreements.
Keywords: sources of law, international licensing agreements, technology secrets protection, license, compulsory license, general conditions, conclusion of licensing agreement, restrictive clauses, applicable law, abitrability, disputes on international licensing agreements, transfer of rights.
- Type of paper
: Paper in proceedings
Title: The Theses for the Croatian Act on Private International
Law and Procedure
- Authors:
- Bouček, Vilim (153851)
Proceedings title: DAS KROATISCHE INTERNATIONALE PRIVATRECHT UND INTERNATIONALE ZIVILPROZESSRECHT
Language: njemački
Place: Hamburg
Year: 1995
Meeting: DAS KROATISCHE INTERNATIONALE PRIVATRECHT UND INTERNATIONALE ZIVILPROZESSRECHT - Max Planck Institut, HAMBURG
Held: from 06/30/95 to 07/01/95
Summary: Croatian Act concerning the resolution of conflict of laws
with the provision of other countries in certain matters (in fact the Act
on Private International Law and Procedure), Croatian Official Gazette
(Narodne novine Republike Hrvatske) No. 53 of 8 October 1991 requires
amendmants. Therefore a group of Croatian Professors under leadership of
Professor Sajko (Dika, Sikirić, Tomljenović, Bouček and Garašić) write down
Theses of the Croatian Act of Private International Law and Procedure. The
same authors presented their Theses on the Group Meeting held in the
Max-Planck Institut in Hamburg. The Theses were presented to the German's
leading experts in Private International Law under leadership of dr.
Drobnik and dr. Martini.
Keywords: Croatian Act concerning the resolution of conflict of laws with the provision of other countries in certains matters, Act of Private International Law, Theses for the Croatian Act on Private International Law and Procedure.
- Type of paper
: Ph.D.
Title: Extracontractual Liability in Maritime Carriage of
Hazardous and Noxious Substances (Efforts through IMO)
Faculty: Pravni fakultet Sveučilište u Zagrebu
Date of defense: 05/13/93
Language: hrvatski
Number of pages: 122
Summary: This thesis elaborates the problem of extracontractual
liabilityfor damages which occur during maritime carriage of hazardous
andnoxious substances. Almost a quarter of a century long disputesand
proposals are being thoroughly examined, especially aspresented in London
on Diplomatic Conference held in 1984. Theauthor suggests some possible and
viable solutions to establishthe final draft of the Convention to deal with
so called"HNS-syndrome".
Keywords: hazardous and noxious substances, maritime transport, extracontractual liability, IM(C)O, CMI, liability of shipowner, liability of shipper, limitation of liability, in favorem laesi principle, CRTD Convention.
- Type of paper
: Ph.D.
Title: Commercial agency contract in comparative commercial and
comparative private international law
Faculty: Pravni fakultet Sveučilište u Zagrebu
Author: SIKIRIĆ HRVOJE
Date of defense: 07/15/94
Language: hrvatski
Number of pages: 516
Summary: Doctorate is a comprehensive study of the commercial
contract from viewpoint of Croatian, German, Swiss, Italian, Franch and
English legal theory, legislation, judicial and arbitral practice, as well
as from the viewpoint of international sources. The first part deals with
the substantive rules, and the second part with the conflict of laws rules
(private international law) in the field of commercial agency.
In the first part after an historical overview, comparation with the
similar contracts and description of the role of commercial agent, the
author defines the notion of the commercial agent and the commercial agency
contract. He continues with detailed analysis of the form of contract and
the rights and duties of commercial agent and principal. After this
analysis he discusses the termaination of the contract and the agent's
right to the commision after the termination of the contract. This first
part includes the analiysis of the EC directives on commercial agents.
In the second part after an analysis of the institut of agency
(representation) from the viewpoint of private international law, follows a
detailed assessment of the proper law of the contract in general and the
proper law of the contract of commercial agency. All most important issues
in connection with party authonomy ant to supsidiary applicable law are
dealth with. This part of the thesis includes the analysis of the
Convention of the European Community relating to the law applicable to
contractual obligations and the Hague Convention of the law applicable to
agency contracts.
In conclusion the author gives his evaluation of the Croatian law on
commercial agency.
Keywords: Commercial agent, commercial agency contract, duties of commercial agent, duties of principal, commision, loss of goodwill, form of the commercial agency contract, conclusion of the commercial agency contract, termination of the commercial agency contract, EC directives......., applicable law, EC Convention on the law applicable to the contractual obligations, The Hague Convencion on the law applicable to agency contracts, proper law of the contract, party authonomy, characteristic obligation, renvoi, splitting of contract, proper law of contract, conflict of law rules, private international law.
- Type of paper
: Mentorship
Title: Extracontractual Liability in Maritime Carriage of
Hazardous and Noxious Substances (Efforts through IMO)
Faculty: Pravni fakultet Sveučilište u Zagrebu
Date of defense: 05/13/93
Number of pages: 122
Author: Bravar Aleksandar
Degree level: Ph.D.
- Type of paper
: Other
Title: Law on New Regulation of Private International Law
- Authors:
- Sikirić, Hrvoje (149935)
Type of work: Prijevod njemačkog Zakona o novom uređenju međunarodnog privatnog prava
Language: hrvatski
Summary: This is the translation of German Law on new regulation
ofinternational private law into Croatian. Translation is publishedjournal:
"Contributions to the Study of Comparative andInternational Law, Vol.
22-23, 1991-1992, p. 102-135.
Keywords: Germany, private international law, renvoi, splitting of laws, public policy, natural persons, legal acts, family law, law of contracts, succession, extracontactual relations, civil law, arbitration, international jurisdiction, exclusive jurisdiction, elective jurisdiction.
