Projects / Programmes
January 1, 2004
- December 31, 2008
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S144 |
Social sciences |
Industrial and commercial law |
Company Law, securities, Accounting Law, public procurement, insurance law, obligations law, Procedural Law, European Law, comparative Law, International private Law
Researchers (10)
Organisations (1)
Abstract
The scope of research is the harmonization of Slovenian corporate Law with the European Law, which will enable competitive stand of Slovenian copanies on the common European market, allowing them an easier approach to foreign capital markets and acquiering a favourable foreign debt capital. Unification of Law with the European Law is analysed, because of increase of legal security and stimulation of admittance of foreign investors into the Slovenian capital market and reinforcement of influx of foreign capital, which will contribute to development of Slovenian economy and to bigger economic growth. Analysed is the preparation of adapted legislation, because of Slovenia entering into the European monetary Union, likely in the 2007.
Significance for science
The Faculty of Law of the University of Maribor did significant steps in the international field in the last few years. In adapting the Slovenian law to the European law it was necessary to assure freedoms of the free single European market which brought forth the European Union. The coherence of the Slovenian legal system, especially in the area of contract law, has allowed easier movement of goods between Slovenian and other European states possible, which influences the harmonization of international relations between EU Member States. The efficiency of legal protection and alternative dispute resolution was important for the success of the Slovenian legal system and is also a condition for reaching the aims of the EU to create a single European market and genuine area of justice. Therefore we needed to promote the research efforts to support the development of civil procedures (litigious, non-litigious and executive) and alternative dispute resolutions, particularly concerning the area of commercial disputes. It has to be stressed that with the Slovenia’s affiliation to EU on 1 May 2004 some of very important regulations on the field of European civil procedure became applicable on the Slovenian territory (e.g. Regulation (EC) No. 44/2001 on jurisdiction, recognition and enforcement of foreign judgments, Regulation (EC) No. 2201/2003 on jurisdiction and recognition and enforcement in matrimonial matters and matters of parental responsibility, Regulation (EC) No. 1348/2000 on service of Documents in Europe etc.). Those regulations had to be implemented in Slovenian legal order properly in order to ensure their effectiveness. Since the law of commercial companies (as well as other fields of commercial law) presents a very dynamic legal branch, the research group also investigated modern trends on the fields of European company law, international law of contract and European civil procedure law. It was necessary to be aware of the present developments in the EU and worldwide and to continue with the further adaptations of Slovenian status and contract legislation. A critical review was made of the implementation of bigger radical changes in the particular commercial field involving worldwide or continental European matters, in order to prevent undesired negative consequences on the capital market, labour resources market and the smaller Slovenian financial market. The research in the field of commercial law was concentrated on contemporary commercial law, especially company law, which represents in Slovenia a young legal branch, because it was formed less than 15 years ago. It was necessary to assure a continuous development of the commercial status law in harmonization with international trends. This demanded an interdisciplinary approach and involvement of different legal branches within the commercial law: corporate law, commercial contract law, law of balances law of labour participation, law of securities etc. The analytical, scientific evaluation of the different commercial models and the systematic approach to problems was an important contribution to the world legal science. In Slovenia the free market economy developed in the post-privatisation era and there exists no consistent case law. The research work has contributed to development of scientific methods and new legal cognitions in a way that used the theoretical positions in a specific context of a small, open and developed legal system in the EU and which will be included in the global trade and world financial economy. The program of the scientific-research of the research organisation has had a considerable influence on the science in Europe and worldwide. The processes of unification and harmonization on the field of European Community Law demanded new approaches. Inclusion of the work of the research organisation in these processes had actively influenced the development of private and commercial in a worldwide and European framework.
Significance for the country
The results of the s scientific-research of the members of the research group had helped to ease the adoption of European regulations into the Slovenian legal system and their implementation. The research enabled a restoration of more effective and comparable legal system of the Republic of Slovenia possible, which has positively influenced the functioning of the Slovenian economy. At the same time the research has contributed to development of efficient legal protection, which was an urgent political criterion for membership in the European Union. Finally, the work of the research group has influenced the Slovenian legal system and its social and economic development significally. In that way the problems arising out of socialist system and transition era have been eased or eliminated. Quality comparative studies, which were performed within the research program, presented the foundation for the adoption of new laws. The research of past developments in the EU and in the different west-European states was solid ground for the preparation of new legislation. The research has resulted in expert materials for the preparation of a new legislation, taking into consideration the encountered needs in the practice. The Slovenian experiences were also useful for other West-Balkan states going through transition period and being candidates for becoming a member of the EU. Slovenia’s experiences were used as a model for those states to either overcome difficulties or avoid numerous legal transition quandaries. The scientific research in the field of commercial law focused on projects that were applied in a wider expert circle. The transfer of the scientific-research results from theory into practice has contributed not only to a development of commercial law as a profession, but also as a scientific discipline. Research goals were important for the development of theory and practice, because the subject of the research were legal transactions and processes, which occur regularly and are not regulated by the legislation. The results of the research provided support for the legislator to create laws and for the court and other users (advocates, companies etc) to apply these laws properly. The results of the research programme were introduced as well in undergraduate as in postgraduate study programs of the Faculty of Law of the University of Maribor. In that way the students became acquainted with the newest achievements on the field of civil and commercial law. Thus the research group contributed to the formation of top-educated lawyers who know how to use the acquired knowledge in the practice and who successfully work in the area of the whole European Union. Moreover, the work of the members of the research group has positively influenced the efficiency of the Slovenian economy. The last but not the least is the efficiency of legal protection and alternative dispute resolution, which is highly important for the success of the Slovenian legal system. That is why the research group promoted the introduction of modern legal institutes into Slovenian civil procedure law, which enable faster and more efficient resolution of (especially commercial) disputes. Special emphasise was given to the training of judges and other legal practitioners to inform them about the proper application of the EC regulations on the field of European civil procedure law in order to ensure legal certainty and effective judicial protection of rights.
Most important scientific results
Final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Final report,
complete report on dLib.si
