Projects / Programmes
January 1, 2009
- December 31, 2014
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S144 |
Social sciences |
Industrial and commercial law |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
Company Law, securities, Accounting Law, public procurement, insurance law, obligations law, Procedural Law, European Law, comparative Law, International private Law
Researchers (17)
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 programme group has at a critical time after Slovenia's accession to the EU taken important steps in international direction. In adaptation of Slovenian law to EU law, it was necessary to ensure freedoms of the EU market, which is a part of the EU. Consistency of Slovenian legal system, particularly contract law, has allowed for easier exchange of goods between Slovenia and other EU countries, which resulted in harmonization of international relations between countries. In the area of ??civil law, the faculty has under leadership of prof. dr. Vesna Rijavec successfully completed two EU projects with international dimension, namely the European enforcement title and Simplification of Debt Collection in the EU. The results of these projects serve as a basis for preparation of changes in national and in the EU legislations. Current project Dimensions of Evidence in European Civil Procedure has been recognized as a success story. The project involves 10 partners and experts from all 28 EU Member States, with the aim to examine whether there is a common core of European evidence law, and description of its contents and of the main points of discord between national legal systems. By providing a clear picture of common basic principles, the project represents a starting point for further harmonization or unification processes in this area. The project results will contribute to development of mutual trust between actors in the EU, which is a prerequisite for further development of European civil procedure. The project has also addressed the main issues and problems regarding the use of communication technologies. The research group has on the basis of the initial hypothesis that corporation law, as well as other commercial areas, represents a very dynamic legal field, both in substantive developments of individual institutes and in development of suitable procedural solutions, studied and sensibly adopted contemporary trends in the field of European company law, international contract law and European civil procedural law. In this sense, it has recognized current trends in the EU and worldwide EU, and has continued with further adjustment of our corporation and contract legislation. A suitable critical approach was chosen especially regarding the question of implementing major radical changes of specific commercial law areas on a global scale, in order to avoid unwanted negative consequences for the capital market, workforce and small Slovenian financial market. The research in the field of commercial law was based on aspiration to develop a modern commercial law, primarily company law, which is a young area of law in Slovenia. It is necessary to ensure continuous development of corporation law in accordance with international trends. This demanded the interdisciplinary approach and consideration of different legal areas within the business law. Analytical scientific evaluation of different models of the solution, a systematic and comprehensive research of the issues in question, represented a major contribution to the global legal science, especially since in the post-privatization period in Slovenia, not only have the basic legal institutes of the capitalistic-oriented economy merely been developing and redefining, but the new corporate law has just been placed in the legal system as a whole. The research efforts have contributed to scientific methods and new legal knowledge by using the established theoretical frameworks in the specific context of small, open and rapidly evolving legal system in the EU, which is participation in global trade and financial connections. The program has therefore had a significant impact on science in a broader scale - European and worldwide. The processes of unification and harmonization of the EU law represented completely new processes. Through integration of researchers' efforts in these processes, they have actively influenced development of civil science in global and EU context.
Significance for the country
The results of scientific research of the program group have caused better implementation of European law provisions into Slovenian legislation and facilitated their functioning. The direction taken by the research group has also enabled establishment of more efficient and comparable legislation in the Republic of Slovenia, which resulted in easier functioning of the economy and law in the European Union. At the same time, the establishment of modern legal system allowed for the enactment of European standards for protection of the rights of legal entities (mainly business entities) and individuals, which was a necessary political criteria for the EU membership. Finally, the enactment of Slovenian legal system has directly influenced social and economic development of Slovenia, and helped to remove consequences of the previous socio-economic regulation and transition. The high-quality comparative studies, conducted within the research programme, represented a basis for relevant legislation. The study of current trends in the EU and in particular Western European countries in terms of adaptation of our legislation, and on the basis of analysis of individual foreign sources and regulations analysed domestic legal system, represented grounds for preparation of starting points and furthermore for execution of specific achievements of the research work. This has ultimately resulted in professional grounds for preparation of new and amended existing legislation, taking into account the needs identified in practice. Slovenian experiences have and will also benefit other countries in transition and candidates for accession to the EU, which will be able to critically evaluate our individual legislative solutions, and will on this basis either easier overcome or even avoid many problems connected to legal transition. Scientific research trends derived from implementation of projects that are in addition to the contribution to science also useful to the wider professional circles. Current research goals were important for the development of theory and practice, since these types of legal transactions and processes are regularly carried out, but have not been adequately regulated by explicit provisions in positive law. The results of the research offered support to the legislators and the courts in the creation of legal rules. Despite the fact that Slovenia has in the meantime become a member of the EU, and that this was followed by an adaptation of national legislation to the European legislation, the important fact is that national identity, which represents a personal characteristics of each country, has also been preserved. The content of the research program was also included in undergraduate courses in subjects where main lecturers are individual researchers, but mostly it was included in all post-graduate courses conducted by the Faculty of Law, where the studies are more in-depth and aim to familiarize the students with the latest developments and knowledge in the subject area. We can thus expect highly educated lawyers within specific fields, who will be able to use the acquired knowledge in practice and will successfully operate throughout the EU. The described research trends will result in long-term positive impacts on improved public opinion as regards the consistency and efficiency of the areas of civil and commercial law.
Most important scientific results
Annual report
2009,
2010,
2011,
2012,
2013,
final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Annual report
2009,
2010,
2011,
2012,
2013,
final report,
complete report on dLib.si
