The article examines the question of unfounded payment notice for the amount from the independent bank guarantee. It discusses a situation when conditions from the bank guarantee are met and when bank should thus redeem the amount, but at the same time, it is established that the original legal transaction was not breached and the claimant's call on an independent bank guarantee has consequently been unfounded. The author defines the concept of misuse when calling on a bank guarantee, and rights and obligations of a guarantor's bank and of a guarantee in a case of unfounded payment notice. Also considered are autonomous rules on bank guarantee, mainly the UN Convention on independent guarantees and stand-by letters of credit, and rules from ZIZ on interim decisions.
F.24 Improvements to existing system-wide, normative and programme solutions, and methods
COBISS.SI-ID: 4496939The idea of sustainable development derives from care for environmental sustainability, although it is connected with environmental, economic and social values. Inclusion of cultural heritage in sustainability concept enables sustainable usage of heritage in modern life, its regular maintenance,renovation and prevention of adverse effects. In 2012 the state will offer to purchase famous castles in Slovenia. There are anticipated a relatively low value orientation of mentioned buildings which are of great general or public importance to the cultural heritage. This article examines the question of whether such a decision on the sale of cultural monuments of national importance is the most appropriate. It attempts to present important arguments for the fact that the private owner of a monument is the best possible owner. The article throws light on legal framework of rights and obligation of owners of immovable heritage in Slovenia and at the same time criticizing the inadequacy of rules on disposal of tangible assets owned by the state.
F.27 Contribution to preserving/protecting natural and cultural heritage
COBISS.SI-ID: 4528171International Liability of Corporate Directors - 2nd Edition covers in detail 29 jurisdictions in Europe, North America, Latin America and Asia. The work examines comprehensively with detailed analysis the laws applicable to company directors, including standards of corporate governance and the means by which potential liability can be avoided. Dr. Saša Prelič has contributed a chapter about Slovenian jurisdiction.
F.30 Professional assessment of the situation
COBISS.SI-ID: 4619307The major objective of the project coordinated by prof. dr. Vesna Rijavec is to explore whether there exists a common core of European Law of Evidence (and taking evidence in particular), and if it does, to describe its content and its most important points of discord among the national legal systems. By providing a clear picture of common core principles, the project can serve as a starting point for further harmonisation or unification processes in this field. Another major objective of this project to address main issues and problems in the application of communication technology in evidence taking with special emphasis on videoconferencing in order to assist professionals with guidelines. In 2013, an international scientific conference has been organised in Dubrovnik in the scope of the project.
D.01 Chairing over/coordinating (international and national) projects
The aim of the project is an interdisciplinary study in the field of environmental law, a combination of legal and natural sciences, with regard to domestic market, EU environmental legislation and international commitments of the RS. The project is based on cooperation of an interdisciplinary and international group coordinated by prof. dr. Rajko Knez, with all the results being published on the project's website, thus making them accessible to interested professional and lay public. Project's website: http://www.jm-excellence.si/
D.01 Chairing over/coordinating (international and national) projects