Suchergebnisse

In this paper, the authors are analyzing the benefits of introducing of specialized commercial courts in the Republic of North Macedonia through an analysis of the main trends and international experiences in this field. The comparative analysis takes into account the advantages and weaknesses of the introduction of specialized commercial courts. This research analyzes the practice of the Anglo-Saxon countries (the United States and the United Kingdom) and the practice of the countries of Continental Law (Germany, France, Italy, Switzerland and the Netherlands), as well as neighboring countries. Additionally, the authors are analyzing the experiences from the work of the commercial courts in our country, until they were abolished. This paper is also taken into account the reports of the relevant international institutions on the judicial system in North Macedonia, and in particular the Progress Reports of the European Union.

The Law on Concessions and Public-Private Partnership contains provisions that regulate therelations between the public partner and the private partner. These are basically mandatory provisions. In this regard, the party autonomy principle is quite limited. At the same time, the Law on Concessions and Public-Private Partnership refers to the complementary application of the Law on Obligations as a lex general legislation. The purpose of this paper is to analyze the degree of freedom of contracting in the contracts for public-private partnership. This analysis will be useful in the process of negotiating and drafting a specific public-private partnership contract, which will provide appropriate guidance for the parties how to act in that process.