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Damage is the reduction of someone’s property (real damage – lat. Damnum emergens) and preventing its increase (lost profit – lat. Lucrum cessans), as well as causing physical or mental pain or fear to another person (non-pecuniary damage).
Types of damage: material and intangible (immaterial).
MATERIAL (property) damage consists of destroying things, or a greater or lesser injury, preventing or hindering the use of things, or some interference from whose removal is necessary to make the costs that otherwise would not be made. It is a violation of a property interest.
The pest is obliged to reimburse the injured party interest that this had not happened to an adverse event. Material damage can occur in case of violation of people’s physical personality, if the infringement withdrawn incapacity for work or medical costs. Cases of material damage in personal injury or damage to health are:
- the cost of treatment,
- lost wages
- and expenses increased due to injury.
There are two types of material damage: Actual (simple, ordinary) damages and lost profits. Damage or loss is a diminution of assets (decrease in assets or increase in liabilities). Reducing the loss of assets, reduction or limitation of some rights. Increase in liabilities when it increases the amount of debt.
Lost profit is not any profits which one hopes, but only those that can reasonably be expected in the ordinary course of events, or special circumstances, which prevented by the pest action. There are three types of lost profits:
- lost natural fruits,
- lost civil fruits
- and lost wages.
INTANGIBLE (non-property) damage is different from the material damage because the property does not constitute a loss. In some jurisdictions, and it is not called damage. It occurs as a result suffered mental and physical pain and fear.
For sustained physical pain, the fear and mental suffering due to the violation of legally protected personal rights, the court may award compensation for non-pecuniary damage, when justified by the intensity and duration of pain and fear, taking into account the importance of the injured goods and the purpose of the compensation, and that is not conducive to the aspirations that are incompatible with the nature and purpose of the compensation for damage.
For mental suffering, the court may award compensation for non-material damages only in cases enumerated by law:
- Endured and future physical pain;
- Suffered and future fear;
- Suffered mental pain and as a result of diminished life activities;
- Incurred and future mental pain due to disfigurement;
- Incurred and future mental pain due to injury to reputation and honor;
- Incurred and future emotional distress due to the violation of freedom;
- Suffered mental pain and as an infringement of personality;
- Incurred and future mental pain over the death of a close person;
- Incurred and future mental pain of a particularly severe handicap person close;
- Incurred and future mental pain because of criminal offenses against sexual integrity.
Company law makes systematized set of these legal norms on the legal status of business entities and their legal business in the market. This from the standpoint of current normative legal system (laws and bylaws). On the other hand, commercial law as a scientific and teaching discipline, studying the legal status of entities and relationships in the legal business in the market. Commercial law is studied from the standpoint of the internal domestic law and from the standpoint of international law with regard to the foreign element. There is a connection between business entities in foreign trade, foreign investment, international economic organizations and the like.
The subject of economic rights and legal issues in business operations, and legal relations in certain areas of business operations. Some narrower legal areas of commercial law are:
- Status commercial law or the legal status of companies and other entities business operations.
- Contracts in Commercial Law (trade in goods and services contracts in the banking business and operations in the insurance industry).
- Banking business and securities, the legal regime of securities (bills of exchange, checks, shares and other securities).
- Fundamentals of International Business Law (foreign trade and other forms of economic transactions with foreign countries).
The party (the prosecutor, the defendant, the defendant, the proposer) can in the judicial and administrative proceedings himself undertake procedural actions, and may appoint another person for this purpose – in the criminal procedure, this is the defense counsel, and in other procedures – the proxy. In some cases, the party may also have a representative who is not dependent on her will: the defendant’s lawyer’s defense counsel, the juvenile legal representative authorized by the law himself, etc.
DEFENDANT’S COUNSEL
(Law of Criminal Procedure, 2006)
WHO CAN BE DEFENSE ATTORNEY
The defense attorney of the defendant, as a rule can only be a lawyer. He may be replaced by a lawyer trainee if the proceedings are conducted for a criminal offense for which a prison sentence of up to five years may be imposed by law. The defense attorney can only be a lawyer before the Supreme Court of Serbia.
WHO CAN NOT BE DEFENSE ATTORNEY
a) Defense attorney may not be co-defendant, damaged, spouse impaired or prosecutor, nor their blood in a straight line to any degree, in the lateral line to the fourth degree or a-law up to the second level, b) Defense attorney may not be a person who is called as a witness, unless he is exempt from the duty of testifying under this Code and declares that he will not give testimony.) Defense attorney can not be a person who acted in the same case as a judge or a public prosecutor or undertook actions in the previous investigation.
WHO CAN ENGAGE DEFENSE ATTORNEY
The defendants. The defendant can also be taken by the defendant, his legal representative, the spouse, the person with whom the defendant lives in a lasting outworking community, a blood relative in the straight line, an adoptive parent, an adoptive parent, a brother, a sister, and a foster parent.
HOW MUCH LAWYERS CAN HAVE ONE DEFENDANT
More defendants may only have a joint defense attorney only if it is not contrary to the interests of their defense, and if the authority conducting the proceedings has assessed that there is no possibility that a conflict of interest may arise among the defendants. One defendant may have at most three defendants at the same time, and in exceptional cases and at the court’s jurisdiction, no more than five defenders. It is considered that the defense is provided when one of the defense attorneys is involved in the proceedings.
WHEN THE OBLIGATORY LAWYER IS REQUIRED
a) if defendant is deaf or incapable of defending himself successfully, b) if the proceedings are conducted for a criminal offense for which a sentence of imprisonment of more than ten years or more can be imposed, c) if the accused has been detained, d) if the defendant is tried in absentia. If the defendant does not take the defendant himself in the above-mentioned cases of compulsory defense, the president of the court will be appointed by the defense attorney ex officio, from among the local lawyers.
WHO IS THE PEOPLE’S LAWYER
When there are no conditions for compulsory defense, and the procedure is conducted for a criminal offense for which the imprisonment is prescribed for more than three years, and in other cases, if justified by the interests of justice, at the request of the defendant who, according to his financial situation, can not bear the costs of the defense, he will appoint a defense attorney at the expense of the state.
WHAT ACTIONS TAKES DEFENSE ATTORNEY
a) consider files and review cases that serve as evidence, b) in writing and orally general with the accused who is detained, c) attend the hearing of the defendant, d) attend the execution of particular investigative actions, e) collect evidence for the defendant’s defense and propose to the court their performance , f) participate in the main hearing, especially in the evidentiary and final words. g) for the benefit of the accused, he / she is engaged in legal remedies.
REPRESENTATION IN CIVIL MATTERS
LEGAL REPRESENTATIVE
Representation of a party is regulated in the Civil Procedure Act so that a party without a civil authority is represented by its legal representative – so a minor child is represented by his / her parent by law. The legal representative shall be determined by law or by the act of the competent body adopted on the basis of the law. For legal entities, the names of persons authorized to represent and the limits of their powers are entered in the court register. The legal representative represents the litigant and expires on her behalf; in her name, take over civil actions and, in her name, takes note of the actions of the court and the opposite party.
In short, status changes are changes that occur, as their name implies, by changing the status of a company. These are not, as often thought, changes that relate to the address of the head office or the predominant activity of the company. These are changes you may have heard about “taking over the company” or “merging with another company”. For successful business, you may not need to know yourself to perform a status change, but it is necessary to know what they represent and how they are being implemented to know what is at your disposal.
CONCEPT AND TYPES OF STATUS VARIABLES
The Companies Act (“Official Gazette of the Republic of Serbia”, No. 36/2011, 99/2011, 83/2014 – other Law and 5/2015) defines status changes as a procedure in which one company (the transferor company) is reorganized which transfers the assets and liabilities to another company (the acquiring company), while its members in that company acquire shares, or shares. The rule is that all members of a transferring company acquire shares in a company in proportion to their shares / shares in the company to the transferor, unless each member of the transferor company agrees that a change in share / stock in a different proportion is made by status change or if it exercises its right to payment instead of acquiring shares / shares in the acquiring company.
WHO CAN BE A SUBJECT OF STATUS CHANGE?
The subject of status change may be one or more companies of the same or different legal form, for example, a limited liability company is acquired by a joint stock company. It is important to note that a company that is in liquidation or in bankruptcy can not participate in a status change unless the status change is implemented as a reorganization measure prescribed by the Law on Bankruptcy.
TYPES OF STATUS CHANGES:
- Annexation: when one or more companies are joined by another company by transferring to the company all of their assets and liabilities, the merging company ceases to exist.
- Merger: when two or more companies merge with the formation of a new company and transferring to the company all their assets and liabilities, and the merging companies cease to exist.
- Divide: when a company is divided by simultaneously transferring its entire assets and liabilities to:
- two or more newly founded companies, in which case it is a matter of division upon establishment,
- two or more existing companies, in which case it is a division with a merger or,
- one or more newly founded societies and one or more existing societies, which would be a mixed division.
In each of these three types of status changes of society that cease to exist, they do so without implementing the liquidation procedure.
- Separation: when a company is divided by transferring a portion of its assets and liabilities to:
- one or more newly founded companies, in which case it is about allocation for the establishment,
- one or more existing companies, in which case it is a securitization bond or,
- one or more newly founded companies and one or more existing companies, which would be a mixed separation.
The Company continues to exist after the status change of the allocation has been implemented.
The executive procedure is a method of treatment that, by the application of legally regulated coercion, receives a claim, established by a domestic or foreign executive or authentic document. The enforcement procedure shall be initiated on the proposal of the executive creditor or ex officio when specified by law. Enforcement shall be determined by the court, unless otherwise provided by law, by the court or by the executor.
The introduction of enforcement agents into the executive procedure is also the biggest inovation adopted by the new law. It is a person appointed by the Minister in charge of the judiciary to carry out the execution in the status of the official person within the limits of the decision on execution and to exercise other powers conferred by law. The enforcement agent and the court can not simultaneously report the execution on the basis of the same enforcement order. The basic and commercial court is in charge of deciding on the enforcement procedure, and the court is exclusively competent to enforce decisions related to family relations and to perform for the purpose of returning the employee to work.
The costs of the proceedings relating to the determination and implementation of the execution of the judgment debtor bears. The executive creditor is obliged to advance the costs of the procedure, and the proof of the paid advance is obliged to submit with the proposal for execution. The costs of proceedings initiated ex officio are advanced from the funds of the enforcing court. When enforcement is already carried out, the executing debtor may file a motion for non-execution against the court requesting that the creditor return it to him by the enforcement, if:
- the executive document has been finalized, ie, finally abolished, amended, or annulled, or put into effect,
- the executing debtor voluntarily settled the creditor’s claim during the enforcement proceedings,
- a decision on execution or a decision on the enforcement of the enforcement has been terminated or amended in a final manner,
- by a final court decision, the inadmissibility of execution has been established.
Means of execution for the purpose of realization of the monetary claim are: sale of movable property, sale of real estate, transfer of cash receivables, transfer of claims for transfer of movable property or immovable property, realization of other property rights, transfer of funds held in the account with the bank, sale of shares and stakes in economic entities.
Creation of complex contracts with legal entities and individuals of essential elements, through appropriate means of securing the execution of contracts, regulation of tax aspects, confidentiality, ways of resolving possible misunderstandings and many other aspects, requires modern engagement and dedication in legal counseling practice, legal skills and skills according to which high-level lawyers are recognized.
Our legal team provides complete legal advice and making all kinds of contracts to legal and physical persons, and long-term satisfaction of clients that we are taking care of. We are only motivated to continue providing quality legal outsourcing in this area, while maintaining a simple legal maxim that the contract is nothing more than the agreement of the will of the contracting parties.
Intellectual property is subject to (a creation of the human mind and spirit) protection of intellectual rights. They include: copyright and copyright related rights and industrial property rights.
Significantly marked intellectual rights, just like other absolute rights, that they are acting towards everyone (erga omnes). Copyrights protect some copyrighted work, such as: books, brochures, musical works, dramatic works; as well as works related to copyright such as: the rights of the interpreters, the rights of the publisher of free work, the rights of the producers of phonograms, video shows, databases. The right to industrial property includes: patent (invention), industrial design, trademark, etc.).
COPYRIGHT
Authorship – considered as an individual spiritual creation in the fields of science, literature and art: written works (literary texts, studies, inscriptions, articles, and computer programs). Speeches: lectures, speeches, sermons, etc. Music works with words or without words. Audiovisual works: films and works created in a way similar to film. Architectural works: sketches, plans, drawings and built objects. Photographic works and works produced in a similar manner to photography. Then, as protected works are observed: scientific, educational or technical presentations – technical sketches, plans, charts, formulas, expertise, expert findings, presentations in plastic form and other works of the same nature.
As copyrighted work that is copyrighted, it is considered: the beginning of work, the unfinished work, the title and other ingredients of the work – if they represent individual spiritual creations. Translations, adjustments, music arrangements, musical processing and other processing of original musical works that fulfill the individual requirements – enjoy copyright protection.
Copyright works are not considered and are not protected: ideas, concepts, procedures, working methods, mathematical operations, principles and discoveries. Official texts in the field of judiciary, administration and legislation. Then, political speeches and speeches were held during the court hearings. Daily news, various other news and information expressed in a customized press form. National literary and artistic creations.
LAW RELATED TO COPYRIGHT
The rights of interpreters – interpreters are performers of the work: actors, singers, musicians, dancers and other persons who, by their arts (singing, playing, etc.) or otherwise performing artistic or folklore works. As performers, directors of theatrical performances, conductors and orchestras, leaders of singers choirs, varnishes and circus artists are also observed.
The rights of the phonogram producer – the phonogram producer is a natural or legal person who undertakes the initiative and bears the responsibility for the first fixation of sounds of one performance or of what constitutes a sound. The rights of the producers of the phonogram are 50 years from the date of the first fixation, ie 50 years from the date of legal issuance, or 50 years from the date of legal communication to the public, if the phonogram was not legally issued previously. The 50-year period shall be calculated from 1 January of the first year after that in which the relevant facts have occurred.
The rights of a film producer – a film producer is a natural or legal person who provides money, organizes and manages the fixation of moving images tracked with audio or without audio track (videogram). The rights of the film producer are 50 years since the first fixation, or 50 years since the legal release of the public or the legal issue of the work. The 50-year period shall be counted from 1 January of the first year after that in which the relevant fact occurred.
The right of a broadcasting organization – a broadcasting organization is a legal entity that undertakes an initiative and bears the burden of responsibility for recording the broadcast. The broadcast is an audio-visual content that turns into electromagnetic waves and communicates to the public via television and radio receivers.
Media and Mass Media – The media (public media) is a program, the founder of which is a natural or legal person, which represents a editorial-designed set of information intended for a predetermined number of persons. The notion of media, that is mass media, in different legal processes receives unequal content. Media for legal purposes we call: newspapers, radio or TV programs, teletext, interenet news, radio programs, TV programs and other programs.
THE LAW OF THE MASSMEDIA AS A LEGAL TERM
The term “the law mass media (media)” is not defined nowhere in domestic regulations. Domestic regulations do not use the term “the law of mass media” (media), but he is commonly used among lawyers.
MEDIA LAWYER AND MEDIA LEGAL REPRESENTATION
There are two types of media advocacy, just as there are in many other areas of law.
Representation in litigation, which involves offensive and defensive legal actions (responses to other persons’ claims, filing of claims, initiating proceedings in case of doubt that a client’s right is endangered, cooperation with the state and proceedings in case of violation of the law, etc.), then transactional or business representation with emphasis on facilitating business agreements, negotiation, strategy creation and conclusion of contracts (production, talent and finance, protection of trademarks, copyrights, etc.) in order to set good foundations for future work and avoid future problems. Due to the delicacy of the subject matter of the dispute or business, media advocacy requires a lot of respect for the laws, good business customs and business secrets of the clients.
Legal certainty, the adjustment of relations and efficiency in real estate in many ways are a mirror of the entire legal system. Immovable property traffic implies interweaving the most important legal and law institutes, regardless of whether it is a sale, exchange, gift, inheritance or other basis of acquisition.
Our legal team seeks to ensure that in every transaction that involves real estate transactions, it provides the most efficient and best protection of client’s interests, taking into account applicable legal regulations and maximum legal security that everyone is striving for when real estate movements are concerned.
In addition to making pre-contracts and real estate transactions in this area, we pay particular attention to:
- Create a mini due diligence of a real estate in higher value transactions;
- Special means of securing the payment of the price (a dedicated escrow account);
- By procedures of registering real rights in public registers of real estate (registration);
- Tax Optimization (Tax on Transfer of Absolute Rights, Capital Profit Tax);
- Investment of real estate in the share capital of companies;
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