Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Given that property rights are politically sensitive, and that the right of ownership is the most extensive property right, this article undertakes a political analysis of the so-called abuse of ownership doctrine as a private law... more
Given that property rights are politically sensitive, and that the right of ownership is the most extensive property right, this article undertakes a political analysis of the so-called abuse of ownership doctrine as a private law limitation to the right of ownership. The notion of the abuse of rights as is defined and described by the Serbian academic, Professor Vodinelić, is explained, and examined with respect to how it fits into four different social justice theories. This analysis shows that the doctrine of abuse of rights would change in structure, and in the way it is applied, depending on the underlying value system which is adopted in a society.
Research Interests:
The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of... more
The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of consumer law? The method applied is legal dogmatic. It is a search for the meaning of one of the key notions in consumer law, the trader. The meaning of this notion in Serbian legal literature has been taken for granted, or it has been controversially interpreted by certain consumer protection organizations, and the relevant case law does not exist, making this analysis even more needed. The author concludes that the definition of a trader from Serbian Consumer Protection Act may be interpreted encompassing a natural person who is not an entrepreneur, who sells goods or services online to consumers, depending on the circumstances of the case. The conclusion is based on the analysis of relevant CJEU case law and the case law of some EU Member States.
Research Interests:
The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of... more
The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of consumer law? The method applied is legal dogmatic. It is a search for the meaning of one of the key notions in consumer law, the trader. The meaning of this notion in Serbian legal literature has been taken for granted, or it has been controversially interpreted by certain consumer protection organizations, and the relevant case law does not exist, making this analysis even more needed. The author concludes that the definition of a trader from Serbian Consumer Protection Act may be interpreted encompassing a natural person who is not an entrepreneur, who sells goods or services online to consumers, depending on the circumstances of the case. The conclusion is based on the analysis of relevant CJEU case law and the case law of some EU Member States.
Research Interests:
ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account... more
ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account dominant moral beliefs in society. This paper aims to test such an approach from the perspective of four theories of justice. The aim is to see if the consistent application of precepts and principles of these theories of justice to this case law makes such an approach of the ECtHR just from the viewpoint of any of these theories of justice. This way what may seem as intuitively just or unjust is tested against concrete and particular standards of justice.
Research Interests:
ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account dominant... more
ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account dominant moral beliefs in society. This paper aims to test such an approach from the perspective of four theories of justice. The aim is to see if the consistent application of precepts and principles of these theories of justice to this case law makes such an approach of the ECtHR just from the viewpoint of any of these theories of justice. This way what may seem as intuitively just or unjust is tested against concrete and particular standards of justice.
Research Interests:
Given that property rights are politically sensitive, and that the right of ownership is the most extensive property right, this article undertakes a political analysis of the so-called abuse of ownership doctrine as a private law... more
Given that property rights are politically sensitive, and that the right of ownership is the most extensive property right, this article undertakes a political analysis of the so-called abuse of ownership doctrine as a private law limitation to the right of ownership. The notion of the abuse of rights as is defined and described by the Serbian academic, Professor Vodinelić, is explained, and examined with respect to how it fits into four different social justice theories. This analysis shows that the doctrine of abuse of rights would change in structure, and in the way it is applied, depending on the underlying value system which is adopted in a society.
Research Interests:
Research Interests:
This article is inspired by the ever-growing literature on the protection of weaker parties to contractual relations emphasizing that consumers are not the only weaker parties which should be protected. It is submitted that SMEs lack the... more
This article is inspired by the ever-growing literature on the protection of weaker parties to contractual relations emphasizing that consumers are not the only weaker parties which should be protected. It is submitted that SMEs lack the bargaining power, expertise or suffer from information asymmetry in contractual relations in the same way as consumers do. In this article, the author chose to analyze the position of SMEs when it comes to policing of unfair standard contract terms, as it is repeated that the protection against unfair contract terms is a paradigm of weaker party protection. The article compares the way in which the control of unfair contract terms is regulated in the BW and in the DGZ. The pros and cons regarding the categorical protection of SMEs against unfair terms were explored, and two conclusions were reached. First, the benefits of categorical protection of SMEs outnumber the drawbacks. Second, BW is more in line with the arguments that are given for the prot...