Zdraveva, Neda

Preferred name

Zdraveva, Neda

Official Name

Zdraveva, Neda

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neda.zdraveva@gmail.com

Now showing 1 - 10 of 10

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Liability for Damage as a Remedy for Infringement of Data Protection rights – Implications for legislation and practice in North Macedonia
(SEE  EU Cluster of Excellence in European and International Law, 2021)
The Charter of Fundamental Rights of the European Union1 Article 8(1) and the Treaty on the Functioning of the European Union2 Article 16(1) provide that everyone has the right to the protection of personal data concerning them. The General Data Protection Regulation3 operationalizes this fundamental right, laying down rules relating to the protection of natural persons when it comes to the processing of personal data and rules relating to the free movement of personal data. The GDPR provides a general right for an effective judicial remedy and a specific right to compensation for damage suffered as a result of an infringement of the Regulation. GDPR changes or adds to the landscape of the national tort law systems. This paper provides an overview and analysis of the key features of the non-contractual liability for a data breach as provided by the GDPR. It also identifies several issues that may lead to differences in the application of the GDPR in the Member States. The key issues at stake are first whether and how the liability for damage, as a remedy provided in GDPR, influences the legislation in North Macedonia, a candidate country, and second how it may influence the implementation of this remedy in the practice. The author concludes that the mechanisms existing in the national legislation provide for an effective and efficient remedy of the data protection rights.
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DIGITAL CONTENT CONTRACTS AND CONSUMER PROTECTION: STATUS QUO AND WAYS FURTHER
(Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021-07)
One of the effects of the COVID-19 crisis is the significant acceleration of e-commerce. The number of companies and the varieties of products in the online markets increased, as well as the numbers of consumers and consumers’ segments diversification. The e-commerce in pandemic times offered clear benefits and opportunities for the consumers. It also created situations where the lack of confidence in e-commerce may intensify. This comes from the consumers’ uncertainty on their key contractual rights and it is particularly a case when it comes to the contracts for supply of digital content and digital services. The European Union considered that legal certainty for consumers (and businesses) will increase by full harmonisation of key regulatory issues and that this would lead to growth of the potentials the e-commerce has on the common market. Aiming to achieve a genuine digital single market the Council of the European Union and the European Parliament in May 2019 have adopted the Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (the "Digital Content Directive") and the Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods (the "Sales of Goods Directive") that regulate the supply of digital content and digital services and sale of goods with digital elements, respectively. Both directives lay down specific rules on the conformity of digital content or a digital service i.e., goods with digital elements with the contract, remedies in the cases of a lack of conformity or a failure to supply, as well as the modalities for the exercise of those remedies. The paper analyses the mechanisms for regulation of the contracts for the supply of digital content and digital services and the specific rights and obligations of the parties to these contracts. The main objective of the research is to assess to which extent these mechanisms are novelty in the European Consumer Law and to examine the obstacles that the application of consumer law to digital content contracts may encounter.
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The Consumers on the New Marketplace: Novelties in the Protection of Consumers in Consumer Contracts
(Kadir Has University, Faculty of Law, 2021-06)
Regardless of the marketplace, being physical or online one, the position of the consumer remains the same - it is the weaker party to the contract due to their lesser bargaining powers and the lack of knowledge, as established by the case-law of the Curt of Justice of the European Union. The rules of the market should provide that the disproportionality of the information that the trader and consumer have is balanced by protection rules that provide the consumer adequate remedies in particular in the digital market shaped by the fast technological developments. In 2019 the consumer law of the European Union has been significantly changed by three new directives that set (new) rules on the protection of consumers in contracts for supply of goods and services including digital content and digital services. The article examines the scope of these directives and the legislative approach as well as the specific novelties they introduce with regard to the protection of consumers in consumer contracts.
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LIABILITY FOR IMMATERIAL DAMAGE FOR THE BREACH OF THE MORAL RIGHTS ON INTELLECTUAL CREATIONS IN THE MACEDONIAN LAW
(The Association of Intellectuals “Democratic Club” – Skopje, 2021-06)
The right to intellectual property, as a subjective right, is most often associated with the economic rights arising form it - rights that provide the right holder with concrete and specific economic benefits from his work. Yet moral rights are those that ensure the close personal connection of the holder of the right to his intellectual creation. They are protected in different ways in the international instruments that regulate the Intellectual Property Law, as well as in the Law of the European Union. The Macedonian legislation contains a series of provisions that regulate those rights and determine the mechanisms for liability for immaterial damage due to their violation. In the paper, the moral rights of creators are considered precisely from these aspects.
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Liability for Construction Works under the Macedonian Law
(ON İKİ LEVHA, Istanbul, Turkey, 2017-11)
The article deals with the issue of the contractual and non-contractual liability related to construction works in the Macedonian law. It analyses the regime as set in the Law on Obligations and the Law on Construction. The Law on Obligations defines the rights and the obligations of the parties to the contract, among which special attention is paid to the liability for defects. Law on Construction defines specific obligations of the participants in the construction process. Therefore the author reviews the cases of liability of non-performance or defective performance of the contract and the specificities of the liability for the defects of the construction and liability for essential requirements of a construction. In regard to the first issue the author provides for the general rules of the liability for non-performance and the defective performance of the contracts under the Macedonian legislation. In regard to the liability for the defects of the construction the legislation provides, thus the author analyses the special and general rules for the liability. Namely, in the case of defects the liability is governed both by the special provisions of the Law on Obligations regulating the construction contract and the general provisions regulating the contract for services. The Macedonian legislation, further regulates the liability for defects in the construction which relate to the fulfilment of essential legally prescribed requirements for a construction and defects of the land where the construction was erected, so the author examines the conditions for liability of each of the (potentially) liable persons and the possibilities for the limitation and the exclusion of the liability. The author also examines the non-contractual liability for damage arising out of construction from the perspective of the liable person(s) and the conditions for liability which under the Macedonian legislation is a strict liability. The article reviews how this liability is connected to the liability under the construction contract. The article also provides for a review of the remedies available under the national legislation in the cases of liability for construction works and construction.
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THE CHILDREN IN THE MACEDONIAN TORT LAW
(Balkan Social Science Review, 2021-06-24)
The position of the children in the tort law is a very specific one. It is a fact that a child could physically cause a damage to the property or to the immaterial values of someone else. However, it is also a fact that in the different stages of the mental development of a child, their understanding of their own conduct and the consequences thereof varies. On the other hand, once the damage has occurred it cannot be left uncompensated for. The injured party should not suffer the consequences of the acts of someone else. So, a question rises who will be liable for the damage. In the same time a child may suffer a damage to their property but more often to their person and personal rights, especially to their right to life and health. The consequences of such damage may not be the same as the one an adult may experience. Here we have a question on how this damage will be treated by the law. The Macedonian tort law provides answers to these questions. The objective of this research is to analyse what is the position of the children in the cases of non-contractual liability for damage and is the law providing for sufficient mechanisms for protection of their rights. The solutions present in the national law are compared and analysed vis-à-vis the ones that exist in the states of former SFRY, having in mind the same legal tradition. In regard to the liability for damage the rules of the German and the French law as specific models for the liability for damage in the civil law system. The author concludes that the existing mechanisms on the Macedonian tort law system provide for adequate and sufficient protection of children in torts.
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CIVIL LAW ASPECTS OF THE EXERCISE OF THE FREEDOM OF ASSEMBLY IN THE REPUBLIC OF NORTH MACEDONIA
(Правен факултет „Јустинијан Први“ - Скопје, 2021-07)
The freedom of the citizens to assemble peacefully for pursuing their cause is recognized by the international human rights instruments as well as the national legislation. The scope of the right is defined and further specified in particular in the case-law of the European Convention on Human Rights. On a national level, the right is guaranteed by the Constitution and the mechanisms for its exercise and protection are in specific laid down in the Law on Public Assemblies. The international and national instruments guarantee the right to peaceful assemblies or gatherings. However, the gatherings may be violent or otherwise result in a breach of the rights of the others including damage to property and persons. On the key question - who will be liable for the damage occurred, the national legislation provides answers to questions that are to a certain extend contradictory. On one hand side, the specific law regulating the assemblies locates the liability for damage at the organizers of the assembly. On the other hand, the Law on Obligations as a general law regulating the liability for damage locates it primarily with the state. In the article, we argue that the approach of the Law on Obligations locating the liability for damage at the state and guaranteed the right (and the obligation) the state to claim compensation for the amount paid from the person who caused the damage is an approach that has a foundation in the international instruments.
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DUTY OF INFORMATION DISCLOSURE IN THE CONCLUSION OF CONSUMER CONTRACTS - IMPLEMENTATION OF THE EU LAW STANDARDS IN THE REPUBLIC OF MACEDONIA
(Iustinianus Primus Law Review, 2017-06)
Dabovikj Anastasovska, Jadranka
;
The article deals with the issue on the level of harmonisation of the existing Macedonian legislation with the EU information disclosure standards for consumer contracts and in which direction it should the Macedonian legislation further develop. In the first part it explores the requirements applicable for all consumer contracts the specificities for the different consumer contracts. The second part is focused on the issue of the legal remedies for the breach of the information duties, focusing on exploring whether and to what extend the remedies for the civil law are available and whether the sanctioning of such breach would be only civil or other sanctions (such as administrative) will be imposed to the trader, and what will be the relation between the sanctions.
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FREEDOM OF EXPRESSION VS. RIGHT TO PRIVACY: THE ROLE OF ECHR IN MODELLING CIVIL LIABILITY FOR DAMAGE
(Правен факултет „Јустинијан Први“ - Скопје, 2021)
The European Convention on Human Rights in Article 8 provides that everyone has the right to respect for their private and family life. This is generally known as the right to privacy, in which the public authority may not interferebut also should create mechanisms for its protection. Article 10 of the ECHR provides that everyone has the right to freedom of expression. The exercise of the freedom, since it carries with duties and responsibilities, may be subject to restrictions, necessary in a democratic society, in the interest of intel alia protection of therights of others including their privacy. How these two rightsinterrelate and what is to be done in case of ‘conflict’ are one of the key questions when it comes to liability for damage that arises from the breach of the right to privacy. This is of particular interest when it comes to the work of the mediawhen providing insight into the private life of persons. The key question is when such exposure is to be considered relevant for the public interest. On a national level, the right to privacy is guaranteed by the Constitution. So is the freedom of expression. The breach of the right to privacy may lead to liability for damage if all conditions for the arise of such obligation are met. The paper examines and discusses when the breach of the privacy will (not) give rise to a right to claim damages for the breach of the right of privacy having in mind the need to balance this right and the freedom of expression.
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Tobacco Production and Trade in Macedonia ' the Legal Framework and Policy in Light of Access to the EU and the Global Markets
(University of Belgrade, Faculty of Law, 2018)
In the paper the author analyses the national legislation related to the production (manufacture) and trade (sale) of tobacco and tobacco products. The aim of the research is to establish the level of the harmonization of the national legislation to the relevant EU and international instruments in the field. The paper examines the specific rules for agricultural production of tobacco and its treatment as controlled substance, from the aspect of administrative perquisites and contractual relations that emerge. The key issue of interest is the regulation of the standards and conditions for releasing the tobacco and tobacco products on the markets, with emphasis on the labelling requirements. Beside these issues, the author also deals with the other policy instruments related to the tobacco control. It is concluded that the current legislation is not aligned with the applicable EU law in this field and that further legislative activities are needed. The author stresses that political will be needed not only to enact new legislation but also to effectively and efficiently enforce it.

Zdraveva, Neda

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