Projects / Programmes
January 1, 2015
- December 31, 2019
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
civil and business law, position of creditor and debtor, abolition of obstacles to undisturbed business transactions, establishment of efficient corporative environment, private property protection, land registries, protection of intellectual property rights, European and international private law
Researchers (20)
Organisations (1)
Abstract
The purpose of research of the program group is to create original contribution towards more efficient, but still just, civil and business law, which would allow for economic initiative and stimulating economic environment, while at the same time consider individual’s rights, threatened or weaker categories of people and protection of other important goods. The law cannot only appreciate interests of capital, but must also strive for proportionality in society. Subject of the research are chosen current topics in fields of civil law, where the group has already achieved important results. These topics are problematic aspects of civil and enforcement procedures, law of obligation in connection with actio pauliana and loans, succession law and notarial competences, property relations in family law, property law and land registry issues related to cadastre, medical law and topics of intellectual property law. On another hand, special part of research will deal with business law, where researchers will focus on improvement of corporative environment, public procurement, concessions, current business legal transactions, and insolvency law. In both areas of research, developments of domestic legislation in connection with the most relevant foreign legal systems, of which European legal area is especially taken into account, will be considered.
We believe that the course of the program group is very relevant and complies with tendency to eliminate primary problems in fields of civil and business law. The program will continue with new emphasis. No one in the RS has yet outlined their research in such a manner, so we expect to reach our long-term goal with various originals publications.
Significance for science
The research group will, based on analysis of condition of problematic areas and existing legal sources, conduct comparative legal study and prepare preliminary conclusions with proposals of solutions. These solutions will be used in both legal science, where they will serve as grounds for further developments of relevant legal institutes, and in legal practice, which is after all a final goal. The researchers will regularly present achieved results in domestic and foreign publications, and at seminars and conferences, where exchange of knowledge and experiences will take place on international level. This will on one hand enable researchers to promptly consider responses of expert public, while the transfer of knowledge to users and its further use in practice will at the same time contribute towards further developments of legal science. The course of the program group is very relevant and consistent with tendency to eliminate primary problems in the field of civil and business law, both with theoretical and practical perspective (e.g. problematic aspects of civil and enforcement procedures, loans, notarial competences in succession law, property relations in family law, cadastre, medical law, intellectual property law, public procurement, concessions, business legal transactions, and insolvency law).
Especially in legal science, there is a strong correlation between theory and practice. For that reason, scientific results in theoretical field will for example influence interpretation of legal rules and unification of case law, establishment of more suitable solutions in business practice, and, after all, more efficient legal security in the society. On another hand, practical solutions proposed by the program group will of course also through their use point out areas, to which the research will have to pay special attention in the future and where are obviously possibilities for further developments of legal security.
The work of the program group will be interdisciplinary and will noticeably influence other relevant scientific areas (e.g. medicine, informational technology etc.). It a valid expectation that with all activities, organized over several years, which will conclude with monographs and final conferences in specific fields, the program group will importantly influence science in its broadest scope – not only domestic, but also European and worldwide.
Significance for the country
Based on results and findings in fields of civil and business law, a research group will shape proposals for implementation of mechanisms for ensuring legal security, and study limits to which a unified European legal area needs to be established, and where it is necessary to develop national law for purposes of national sovereignty.
A more simulating business environment needs to be established with creation of clear corporate structures and mechanisms. It is also necessary to identify, with help of good practices, mechanisms and other legal options for escaping from the debt crisis. Consequently, a special attention from the perspective of creditor and of debtor will be paid to insolvency proceedings, which need to be appropriately harmonised with enforcement proceedings and proceedings for securing of claims. In business practice, regulations on securing with preliminary injunctions and their effects in bankruptcy proceedings is especially problematic. Business relations and assurance of security for business entities nevertheless demand for those entities to be able to rely on securities as parties.
In the field of civil enforcement law, the research group will contribute to improvement of cross-border enforcement with analysis of domestic business environment and with comparative legal studies. With organisation of seminars and workshops, the researchers will enable citizens and companies to be acquainted with instruments for simpler enforcement of cross-border debts, which means more certainty of debt collection for creditors, and more trust in trading inside of single EU market. While the existing European regulations have simplified procedures with mutual recognition and enforcement of judicial decisions in insolvency proceedings with cross-border effects, they did not harmonise insolvency legislation in member states, so further changes are needed. Considering previous experiences with applying for EU projects (European Enforcement Title, Simplification of Debt Collection in the EU) and successful dissemination of results in economy and judiciary (www.acj.si), the research group will continue in new financial perspective with promoting knowledge and with applying for EU projects, which will influence broader public.
The research program will contribute towards high-quality comparative legal study on elimination of administrative obstacles to the right of free movement or to the right of free establishment of companies, which are a result of demand for legalisation of public documents and for presentation of original public documents or their certified translations.
The researchers will contribute towards better development of culture of alternative dispute resolutions with interpretation of arbitration rules, which they have also helped to shape. These are new rules, which are relevant from comparative perspective, and Slovenia will be suitably represented in international arbitration environment with mobility of researchers (who are also acclaimed arbitrators).
The interdisciplinary field medicine and law is a long-term project for responsible conduct in crucial areas of human existence. The aim of the research group is to highlight responsiveness of modern European societies to demands set by legal regulations of medicine with polemic interdisciplinary approach (medical, ethical, legal, sociological …).
In Slovenia, correlation and mutual connection between civil, administrative and even criminal law is still absent in areas of heritage and environmental protection. Research, awareness raising, and availability of scientific legal arguments would result in stronger state influence, in broader locus standi (access to court) for interested expert public, formation of actually endurable and for application suitable legal rules. Due to already established past cooperation with state administration (ministries as contracting authorities), the researchers will participate long-term in analysis of efficien
Most important scientific results
Annual report
2015,
interim report,
final report
Most important socioeconomically and culturally relevant results
Annual report
2015,
interim report,
final report
