This article aims to highlight the phenomenon of hybridization of insurance contract law, which started with its emancipation from contract law. The next phase included its internal stratification, stemming from obvious differences between commercial and consumer insurance, and various contractual positions of contracting parties in these different insurance contracts. Two features of insurance contracts regulation are addressed, based on Serbian law as it currently stands, as well as comparative legal analysis. The first feature is that the legislatively envisaged unified regime for insurance contracts is incomplete and inadequate for all manifestations of this contract. The second feature is that regulation of this matter must enable balancing of interests between insurers and insureds, especially consumers. The authors conclude that insurance regulation can only be conducive when simultaneously ensuring protection of the weaker party, protecting insurers from the negligent actions of the insured, while facilitating conduct of insurance business.

The paper investigates the evolution of air passenger profiles in terms of regulatory environment, competitive landscape, socio-economic and demographic trends. The research is supported by passenger surveys carried out since 2001. The surveys have been designed to provide objective and in-depth insights into the preferences and behaviors of air passengers in the Serbian market. The resulting passenger segments are categorized based on socioeconomic and travel purpose criteria, but the surveys conducted at Serbian airports reveal that competition triggered the service quality to become a major issue in the Serbian market, after the entrance of low-cost carriers. The research of future projections of air passengers in Serbia is based on the Delphi method for two-time horizons (2025 and 2035) and three future scenarios are proposed.

The paper analyzes the possibilities of referenda in consociational democracies. According to Arend Lijphart, democratic systems can be divided into majoritarian and consociational. Referendum is commonly understood as a mechanism of the people’s direct decision-making based on the majoritarian principle. This paper analyzes what qualities the referendum must possess in order to be compatible with the system of consociational democracy. The term consociational democracy applies to systems in which the society is divided on multiple grounds, in such a way that the majority of interests are satisfied while preserving the institutional shape and logic of this mechanism of direct decision-making. The analysis includes the consideration of all issues of relevance to the divided societies, in the theoretical and practical sense.

After appearing only in medical law for a long time, advance directives and other forms of voluntary measures are increasingly also being recognised as an effective protector of the right to self-determination in family law. The aim of the paper is to consider the Croatian model of advance decision making in family law, observing it in the context of European, international and comparative law. In this sense, the paper first provides an overview of relevant international and European documents, then briefly analyses different solutions to the discussion in question that exist in the national legislations of the selected European countries, namely, Germany, Slovenia, the Czech Republic, Serbia, and finally a detailed analysis of Croatian law. The paper aims to point out certain doubts and ambiguities that exist in Croatian law, give suggestions for improving the legislation, and encourage the continuation of scientific research in this legal field.

Settlement of deceased’s debts is one of the fundamental questions of succession. The liability of heirs for these debts is very difficult to regulate because of the need to balance several conflicting interests: the interests of heirs, the interests of estate creditors and the interests of heirs’ personal creditors. Legal systems may attempt a simple, but rigid approach to heirs’ liability or provide detailed and flexible, but complex rules on different scopes of liability in different situations. This article discusses the main approaches to liability of heirs for estate debts and provides a critical analysis of their advantages and disadvantages. The author concludes that complex and flexible rules on liability of heirs may ultimately lead to more just distribution of estate assets.

The author puts forward the idea to replace the existing, ill-functioning semi-presidential form of government in Serbia with parliamentary government. The latter would put an end to the shortcomings of the current form of government, predominantly consisting in hypertrophy of the presidential powers. The author discusses two topics concerning the parliamentary form of government: election of the head of state and the relations between parliament and the cabinet. The author’s suggestions regarding the future shape of these institutions in a future parliamentary republic are aimed solely at instigating debate, which he considers indispensable.

The article analyzes the use of precedent by the European Court of Human Rights. It examines the various types of precedents in the practice of the Court and how they are utilized. It discusses different methods of development of case law, including overruling precedents, branching of the case law, and fragmentation of the case law. The article also proposes guidelines for the orderly development of case law.

In order to gain a better understanding of contemporary political realism, as well as of the theories of two classical political philosophers, this paper argues that the methodological roots of a contextualist model of realism can be found, among others, in the writings of Aristotle and Machiavelli. It is argued that the methodological assumptions of contextualist political realism can be formulated through two main notions: 1) the experiential basis – analysis of politics through reliance on experience from political practice; and 2) contextualism – avoiding universal claims as much as possible, i.e., making claims about politics always within a socio-historical context. Using those lenses, the paper points out the methodological elements of Aristotle’s and Machiavelli’s political theories that are in line with this version of political realism, claiming both of them could be perceived as forerunners to a certain degree.

The ongoing process of digitalisation has brought a number of new challenges to the existing regulatory frameworks for consumer protection. One of these major challenges is the phenomenon of the online choice architecture, which is used to push consumers to make specific economic decisions while acting as participants of the digital market. In the majority of cases, such pressures should not be allowed as they rely on consumers’ vulnerability. This paper examines the phenomenon of online choice architecture and the fact that the existing consumer law framework does not provide adequate legal protection to the consumers from online choice architecture, calling for a consumer law reform that would enable better protection of consumers.

To what extent – if at all – acting in passion diminishes the agent’s responsibility for his/her deed? Some new aspects of this classical problem have been discovered by experimental psychologists (Pizarro, Uhlmann, Salovey) whose research has revealed a puzzling asymmetry in assigning responsibility for morally bad and morally good actions, performed under the influence of emotions (people tend to regard the blameworthiness of an immoral act as being diminished by the fact that it was performed in passion, but do not regard passion as influencing the praiseworthiness of a moral act). The article discusses the puzzle’s explanation proposed by the authors of the experiment (based on the concept of “metadesires”) and offers an alternative explanation, drawing on the distinction between passio antecedens and passio consequens, proposed by Thomas Aquinas. The paper also provides some reflections on the normative aspects of the problem of acting under the influence of emotions.