Servitization is one of the economic megatrends in modern society, a process that creates value by adding services to products, ranging from renting and maintaining expensive capital goods to producing smart objects and rapid prototyping. This article explores some of the EU law implications and challenges of servitization from the competition and consumer law perspective; it also considers servitization in cross-border trade, highlighting the close connection between servitization and globalization. EU law may on the one hand act as a driver for servitization, by helping to pave the way for more innovative solutions, while at the same time preventing the negative implications of servitization for European society and economy. However, when regulation lacks clarity or is not timely adopted, it may be a barrier to new business models, thereby restraining the competitiveness of EU industry and growth.
COBISS.SI-ID: 5226539
Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.
COBISS.SI-ID: 5211179
In the monograph, authors are systematically analysing legislation on energy sources and energy production in Slovenia. It includes presentation of all (sub) systems in the Republic of Slovenia, which areespecially important from perspective of energy, as well as the relationship between energy policy and energy law. Energy law is defines as a system of legal rules and principles, which regulate management of energy sources. The monograph is a pioneer work in Slovenia, and was prepared when legislation in the field of energy law was newly formed with Energy Act (EZ-1) which introduced a number of systemic changes. Therefore, in terms od many legal issues, the authors could not rely on existing theoretical opinions or on the case law. Included is legal framework for different types of energy and energy sources, namely for: electricity, gas, oil, coal. In this context, the monograph is for each energy source analysing issues of energy production, with emphasis on consent to build energy infrastructure, as well as exploitation, transport, distribution and use of energy. Because of interdisciplinary nature of energy law, therefore its connections with various other legal areas (competition law, environmental law, consumer protection law, administrative law, civil law), and at the same time because of its interdisciplinary nature, the monograph also pays special attention to connection of these issues with environmental, competition and tax law.
COBISS.SI-ID: 5017387
Greater efficiency in civil dispute resolution is very much dependent on organised but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered ‘evidence’ in the sense of Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today.
COBISS.SI-ID: 5010219
Results of research on corporate group legal instruments were included in scientific basis for amendments ZGD-1I. This basis will contribute to a more appropriate implementation of these corporate notions in business practice and in case law, at least in terms of the more efficient protection of creditors and minority shareholders, and in the more efficient judicial procedures in terms of resolving disputed issues in these relationships. The authors have also prepared introductory explanations to the amendments, in which they have comprehensively presented the most important legislative solutions.
COBISS.SI-ID: 284750848