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Publikacije (6)

Nazad
Nasir Muftić, Petar Lučić

The Internet and digital platforms are often portrayed as public spaces, hosting both private conversations and discussions of public interest. Political campaigns are conducted and business transactions are also carried out there. This paper challenges this view by highlighting the differences between the Internet and traditional public places. Instead, it argues that the Internet increasingly resembles a mosaic of private domains controlled by a few powerful entities that dictate the flow of information. This paper examines the issue from the perspective of the benefits that public places provide in modern democratic societies and posits the debate within Habermas’s understanding of the public sphere, providing for differences in how public place is typically perceived regarding the Internet and especially digital platforms. Finally, it outlines the ongoing legislative debate in Bosnia and Herzegovina on this issue, with comparative insights from the legal frameworks of Serbia and Croatia.

Nasir Muftić

The article addresses the issue of liability for artificial intelligence through the analysis of civil liability for autonomous entities in Bosnia and Herzegovina. First, it addresses the issue of applying vicarious liability in the law of Bosnia and Herzegovina, and it elaborates on its limitations. The example of the treatment of animals in case law indicates the possibility of creatively interpreting the existing legal framework in order to create a functional equivalent of situations that are not included in the scope of vicarious liability, but nonetheless treat liability for autonomous entities.

The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.

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