The Monograph is a part of the series International Encyclopaedia for Medical Law (a subset of the International Encyclopaedia of Laws) that covers national and international medical law. The monograph contains, besides a general introduction, a description of the law related to the medical profession, such as access to the medical profession, illegal practice of medicine and control over the practice of medicine; the physician-patient relationship (the rights and duties of physicians and patients) and specific issues such as abortion and euthanasia; and, the national law dealing with the physician in relation to his colleagues, to other health care providers and the health care system.
Just ten years after their triumphant "return to Europe" in 2004, Central and Eastern European (CEE) countries are facing a very serious crisis of constitutional democracy. This crisis - which coincides with the Eurozone crisis - has a specific origin. This article will show that the rule-of-law institutions in these countries are less robust than in Western countries. In other words, Western democracies can cope more successfully with various attacks on their liberal institutions because their courts, media, human rights organizations, and ombudsmen have a longer and better-developed tradition of independence and professionalism. Conversely, where such institutions are weak and underdeveloped, as is the case in CEE, there is always the potential danger of a drift towards authoritarianism and "illiberal democracy." As examples from Hungary and Slovenia show, even the most advanced CEE democracies are not immune to this backsliding.
In Slovenian law, complete disgorgement of profits is possible only in criminal and administrative law (via public enforcement, to the benefit of the state budget), but generally not in private law (via private enforcement, to the benefit of the plaintiff). The scarce case law indicates that seizure of benefits gained by criminal act or minor offense rarely occurs in practice. An easier to apply functional equivalent of the disgorgement of profits is monetary penalty (when prescribed). In tort law, wrongfully gained profit may be disgorged by way of a damages claim only to the extent that it represents legally relevant damage (lost profit) of the wronged person. It would seem that tort law is more concerned with preventing the wronged party from getting more in damages than its damage (loss) amounts to, than it is with preventing the wrongdoer from keeping profit gained by wrongful infliction of damage (and exceeding the "loss" of the wronged party). An exception applies to infringements of copyright where damages may be multiplied to up to three times the actual damage. In contract law, the damages are generally limited by foreseeability, but this limitation does not apply in cases of intentional or reckless breaches, which can be seen as a way of preventing (profitable) breaches and achieving some extent of disgorgement of profits.
The author of the monograph presents the regulation of private institution as an instrument that is known and legally regulated in comparative law, and also advantageously used in practice, whereas it remains relatively unknown in Slovenia. The book examines the pros and cons of private institutions, while focusing primarily on its potential usefulness in the context of inheritance law. The book studies the regulation of private institutions in Austria, Liechtenstein and the Netherlands; in addition, it describes the trust and fiduciary legal transactions. In doing so, the author discusses, inter alia, the appropriate placement of a trust and fiduciary transactions in the legal system and at the same time recalls their positive and negative aspects. The relationship and the differences and similarities between a private foundation and trust are further explained. The final part elaborates the author’s own view of the perspective of private institutions in the light of the inheritance.
Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.