The paper explores the growing integration of blockchain technology in the legal field, specifically focusing on the emergence of smart contracts with their automated execution of contractual obligations. Technology experts believe that the use of smart contracts contributes to the eradication of disputes. However, the author challenges this claim while analyzing the disputes that may arise in this area, including classic contract law disputes and new issues specific to smart contracts. The paper focuses on whether arbitration is the optimal forum for resolving these disputes. The relationship between traditional and blockchain arbitration is explored, examining disputes that would be resolved using established methods and those suitable for the newly created mechanism. The interests of traditional arbitration do not coincide with those of blockchain arbitration. Both should cooperate and take advantage of each other. The author asserts that the flexibility and adaptability of arbitration will be its dominant advantage in addressing these disputes.

This paper critically evaluates the draft version of the US Merger Guidelines from 2023 (D23), which departs from the consumer welfare standard, sparking intense debates within the academic, professional, and business communities. D23, released by the US Department of Justice and the Federal Trade Commission, introduces a shift toward a more structuralist approach in horizontal merger assessment. The paper examines the diverse perspectives of D23, with some perceiving it as a populist move sidelining economic rationale and others viewing it as an attempt to base decisions on factual grounds and enhance antitrust activism. The discussion emphasises the importance of precision in defining relevant markets within D23, a crucial element in merger assessment. This analysis sheds light on the evolving landscape of merger policy, prompting critical inquiries into the future trajectory of competition law.

This paper aims to contribute to legal research on family-owned companies, focusing on Serbian law. This company type is the focus of Part Two of the Serbian Corporate Governance Code, which contains various specific corporate governance mechanisms, such as succession plans, family general meetings, family councils, and family protocols and recommendations aiming to achieve responsibility, transparency, continuity, efficiency, and fair treatment of all shareholders. The paper presents existing possibilities and explores whether a specific Serbian corporate governance regime dedicated to family-owned companies can be accommodated into a general company law regime. This paper aims to further promote the use of specific mechanisms designed for family-owned companies, paying particular attention to the importance of drafting family protocols. These protocols can regulate not only typical corporate governance issues but are also suitable to include the family-owned company’s vision and mission as a sustainable, balanced, and long-term viable business organization.

The aim of this article is to provide a short overview of the 2023 US Draft Merger Guidelines and some interpretations of its impact on merger control practices. The US practice shows that merger control standards have been changed several times, in accordance with the need to increasingly consider economic efficiencies and the consequences of making wrong decisions, which could reduce innovation and other behaviours of undertakings that lead to an increase in economic efficiency and improve competition. Due to the fact that guidelines can influence how judges evaluate challenges to mergers, it remains to be seen how the final guidelines will enable the courts to understand and support the agencies’ views on antitrust enforcement.

In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.

In today’s era of heightened sensitivity to plagiarism, self-plagiarism is gaining recognition as a distinct ethical concern within the global academic community. While plagiarism has undergone detailed conceptual analysis, the same cannot be said for self-plagiarism. This concise review seeks to address this gap by examining key aspects of this academic ethical issue, as outlined in Article 25 of the Code of Professional Ethics at the University of Belgrade. Through this conceptual analysis, it becomes apparent that the Code specifically condemns the narrower practice of “duplicate or dual publication” as ethically unacceptable. It is clear that self-plagiarism does not occur when an author transparently acknowledges their intention to republish or reuse their previously published or utilized work, including its constituent parts.

The paper aims to explore alternative statehood options for Yugoslavia’s unification in 1918 and assess their potential success for Serbian interests. It falls within the realm of counterfactual analysis. The study draws on the economic theory of optimal nation size, which examines the pros and cons of larger nations, particularly the challenges posed by cultural diversity resulting from ethnolinguistic and religious differences. Five statehood alternatives have been identified, involving various degrees of Serbia’s territorial expansion. Empirical evidence from the 1921 population census demonstrates that options leading to larger nation size would increase population heterogeneity. The research identifies an optimal solution that balances benefits and costs.

The purpose of this paper is to present force majeure as stipulated in FIDIC forms, which are nowadays frequently in use when negotiating the conclusion of construction contracts concerning major projects. An important remark is that these forms have been greatly influenced by common law systems where operation of force majeure is dependent on the contractual definition and wording of the clause. On the other hand, the Serbian Law on Obligations contains its own understanding of force majeure-related concept, which might be amended in accordance with the principle of party autonomy. The paper further aims to elaborate on this interplay between these FIDIC forms and Serbian law. The conclusion is that the FIDIC force majeure clause represents an important contribution to the domestic regime, which does not expressly address scenarios with temporary impediments, which is necessary for successful completion of construction works.

The paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment) and impact agreement to the jurisdiction of other courts. The specificity of this agreement is the possibility of choosing a court in matters of family law, which was not previously possible. The goal of the study is to analyse the formal conditions for the validity of the agreement and to indicate its implementation in practice. The findings of the study showed the ways that the agreements on the choice of the competent court are concluded, and how to ensure their legal effect towards all courts in the European Union, i.e. their influence on the rules of lis pendens.

Др Зоран С