THE OBJECT OF ACQUISITON OF PROPERTY BY OCCUPATION IN SERBIAN AND ROMAN LAW

By occupation, as the original mode of acquiring property, the individual acquires the ability to introduce things with attributes in legal transactions, we can say with the minimum conditions and without any formality. In certain historical periods, the occupation was much more economically significant than today, which is somewhat due to the existence of a much greater volume of natural resources and a lesser influence of the state through legal regulations regarding their exploitation. Among rules that regulate the ways of acquiring property, the occupation still exists, but may be seen greater strictness in defining and determining the conditions that must be met for one person one person to acquire property occupation. This strictness is present in determining things that can be acquired by occupation. Accordingly, the subject of the author's work are norms that regulate the acquisition of property by occupation in Serbian law and Roman law.Publishe

FRAUS CREDITORUM IN ROMAN LAW

Fraus creditorum was a delict of Pretorian law. This delict existed when the borrower consciously reduced his assets to prevent creditors from collecting their claims. Uncontrolled creditors had at their disposal three procedural means to defraud the debtor's disposal. Initially, the interdictum frauditorum and restitutio in integrum ob fraudem, and later actio Pauliana, who consolidated the actions of the previous two procedural means and enabled the comprehensive protection of creditors. Protection of creditors from fraudulent proceedings of indebted debtors came to light only after the introduction of real execution. Until then, the applicable principle of personal execution was a sufficient guarantee to the creditors that the debtor would fulfill their obligations. The debtors, in order to avoid expulsion through Tibar or murder, were trying to fulfill their contractual obligations.Publishe

THE RISK OF DAMAGE AND LEGAL CONSEQUENCES IN LOCATIO CONDUCTIO REI

Rad je rezultat istraživanja na projektu Pravnog fakulteta Univerziteta u Kragujevcu: „Usklađivanje pravnog sistema Srbije sa standardima Evropske unije”, koji se finansira iz sredstava Fakulteta.According to the rules of Roman law, if there is a risk of damage due to a defect in the building, whether it was a defect in the construction or a consequence of nonmaintenance, the threatened neighbor had the right to cutio damni infecti. In the form of a stipulation, the owner of the building promised to compensate for any damage that may occur due to the condition of the building. However, the fact of risk of damage had a certain legal significance in contract for the lease of apartments in residential buildings (insulae). The fact that such building is risk for future damage had legal significance for tenant (conductor) and also for lessor (locator) which will be the subject of consideration in this paper.Publishe

RESTRICTION OF OWNERSHIP IN THE INTEREST OF NEIGHBORS IN ROMAN LAW

Ownership in Roman society have been subject to various restrictions since ancient times. The limits of complete freedom of disposal were set by moral and religious reasons, public interest, neighborly relations. Restriction of ownership in the interest of neighbors arose during the early Roman period. The first such restrictions come from Law of the XII tables and were mainly related to the regulation of relations between neighbors in the use of agricultural land. Later, and on these foundations, the neighborhood law was only developed and supplemented, at the same time reflecting the new needs of life.Publishe

PRESSENCE OF THE EDICT NE QUIS IN SUGGRUNDA IN MODERN SERBIAN LAW

In Roman law absence of maintenance of the external parts of objects or the placement of various objects on them was sanctioned. The principle of the objective responsibility was applied and the responsible person was punished with a fine for the created state of danger. Even today when passing through the city we can see the plants on the terraces that are not secured, the facades that threaten to fall off, and the broken billboards, etc. For this reason, the issue of responsibility for endangering the safety of citizens and their property is always a priority. To point out historical aspect of legal responsibility, the author in his work starts from Roman law rules, and then analyzes domestic laws which are the backbone of the topic.Publishe

FOR THE SYNTHESIS OF SELECTIVE

Available on line a

A synthesis of N-alkyl and N,N-dialkyl O-ethyl thiocarbamates from diethyl dixanthogenate using different oxidants

A novel synthesis of N-alkyl and N,N-dialkyl O-ethyl thiocarbamates from diethyl dixanthogenate and primary and secondary amines, using three oxidizing systems, has been developed on the laboratory scale, and the method using sodium hypochlorite has been applied on a semi-industrial scale. The effect of the oxidizing agents, sodium hypochlorite, in-situ-generated peracetic acid, and the manganese(II) acetate/oxygen system on product purity and yield was studied. The results obtained by use of these three methods were compared with those obtained by reaction of sodium ethyl xanthogenacetate and amines, and of sodium ethyl xanthate with amines in the presence of sulfated nickel zeolite catalyst. The reaction mechanism of sodium hypochlorite oxidation has been established on the basis of isolation of reaction intermediates and determination of their structure by use of Fourier-transform infrared, (1)H and (13)C NMR, and mass spectrometric methods. The suggested sodium hypochlorite and manganese(II) acetate/oxygen systems have many advantages in comparison with commercial and catalytically promoted synthetic methods, because they are new ecologically friendly syntheses

Uporedna analiza oksidativnih postupaka sinteze N-alkil, N,N-dialkil i N-cikloalkil-O-izobutil tionkarbamata

An optimized synthesis of N-alkyl, N,N-dialkyl- and N-cycloalkyl-O-isobutyl thioncarbamates by aminolysis of sodium isobutylxanthogenic acid (NaiBXAc) and primary, secondary and cycloalkyl amines was developed at laboratory scale and applied at semi-industrial level. Studies on dependence of N-n-propyl-O-isopropylthiocarbamate yield and purity with respect to reaction parameters: reaction time and molar ratio of n-propylamine and NaiBXAc, were performed. In such way, optimal reaction conditions for synthesis of N-alkyl, N,N-dialkyl- and N-cycloalkyl- O-isobutyl thioncarbamates, by aminolysis of NaiBXAc, were established. Also, comparative results of thioncarbamates synthesis starting from potassium isobutyl xanthate (KiBX) and corresponding amines in presence of different oxidants (hydrogen peroxide, sodium hypochlorite and new oxidative agent potassium peroxodisulfate) were evaluated. The synthesized compounds have been fully characterized by FTIR, 1H- and 13C-NMR and MS data, elemental analysis and purity have been determined by gas chromatographic method (GC). To our knowledge, ten synthesized thioncarbamates are here characterized for the first time. The synthesized compounds could be used as selective reagents for flotation of copper and zinc ores. The presented methods offer several benefits, namely, high product yields and purity, simple operation, mild reaction conditions without use of hazardous organic solvents, while some of them could be implemented on industrial scale production.U radu je prikazana optimizovana sinteza N-alkil-, N,N-dialkil- i N-cikloalkil-O-izobutiltionkarbamata reakcijom aminolize natrijum-izobutilksantogenacetata (NaiBXAc) i primarnih, sekundarnih i cikloalkilamina. Takođe, dat je pregled uporednih postupaka sinteze tionkarbamata polazeći od kalijum-izobutilksantata (KiBX) i odgovarajućih amina u prisustvu različitih oksidacionih sredstava: vodonik-peroksida, natrijum-hipohlorita i kalijum-peroksodisulfata kao novog oksidacionog sredstva. Struktura sintetisanih jedinjenja potvrđena je FTIR, 1H- i 13C-NMR i MS instrumentalnim metodama i elementarnom analizom, a čistoća je određena gasnom hromatografskom metodom. Deset sintetisanih tionkarbamata su prvi put okarakterisani i predstavljaju nova jedinjenja. Sintetisana jedinjenja mogu naći primenu kao selektivni reagensi za flotaciju rude bakra i cinka. Opisane postupke karakteriše visok stepen konverzije i čistoća proizvoda, blagi reakcioni uslovi bez upotrebe organskih rastvarača kao reakcionog medijuma, a neki su tehnološki primenljivi na industrijskom nivou proizvodnje