The paper analyses the effect of different forms of corruption on entrepreneurship in a sample of Central and Eastern European countries: Albania, Bulgaria, Croatia, Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Montenegro, North Macedonia, Serbia, Romania, Slovakia and Slovenia. The contribution of this paper is twofold. The paper contributes to the existing literature through panel data analysis of the effect of various forms of corruption on new business density rates in the 2006-2020 period. The types of corruption included in the analysis cover judicial, legislative, executive, and public sector corruption, and political corruption index as the aggregate measure. The results show that not all corruption types have the same effect on entrepreneurship. Aggregate measure of political corruption adversely affects formal entrepreneurship. However, three particular types of corruption – public sector corruption, legislative corrupt activities and judicial corruption – have opposite effects. While public sector corruption and legislative corrupt activities harm the new business density rate, it is shown that larger judicial corruption is positively related to the number of newly registered firms.
The article examines the legal nature and transferability of the maximum mortgage under the Slovenian Law of Property Code (Stvarnopravni zakonik or in abbreviation SPZ), focusing on Article 146(4) and its interpretation in case law and theory. It first recalls the accessory nature of liens, which normally follow the secured claim as to creation, scope, transfer and extinction. Against this background, it shows how the maximum mortgage was designed to secure fluctuating or future claims arising from an ongoing creditor–debtor relationship, up to a registered ceiling amount. The authors reconstruct the prevailing Slovenian view that, in the case of a maximum mortgage, the accessory link exists not between individual claims and the mortgage but between the business relationship and the maximum mortgage as a protective right in rem. They contrast this functional understanding with the literal wording of Article 146(4) SPZ, which excludes the transfer of the mortgage when a secured claim is assigned, and with the conservative approach of the Supreme Court. According to its case law, an assigned claim secured by a maximum mortgage is transferred without security, which reduces its market value and narrows the practical usefulness of this instrument. Using German and Austrian law as key comparators, the article argues that the Slovenian solution is unnecessarily rigid and departs from models that allow, under certain conditions, the transfer or transformation of a maximum mortgage into a fixed mortgage when claims are assigned or when the credit relationship is reduced to a single outstanding claim. The authors endorse the more recent doctrinal position and the approach taken by the Higher Court of Ljubljana, under which individual “sub-mortgages” arise within the maximum mortgage and accompany the assigned claim to the new creditor, creating a community of mortgagees governed by general rules of the Obligations Code. The general view that a maximum mortgage is more flexible than a fixed mortgage is, in the Slovenian context, undermined by the current statutory wording and restrictive case law, which call for a systemic and functional reinterpretation of Article 146 SPZ – or, failing that, for legislative reform.
The authors’ focus is directed toward the analysis of one frequently used means of evidence, as well as a comparative analysis of this means of evidence in tax and criminal proceedings. After a brief overview of the taxpayers’ obligation to keep accounting books, special attention is devoted to the role of accounting books as evidence, first in tax proceedings and then in criminal proceedings.The importance of business books from the aspect of tax and criminal proceedings is reflected in the fact that in the event of a lack of evidence of the existence of the criminal offense of tax evasion, the court will issue an acquittal. Namely, there is a possibility that during the tax proceedings, omissions may occur that relate to an inadequately determined amount of tax liability or inadequate documentation used when determining the tax liability. In such cases, an expert examination of business books is a crucial evidentiary measure for convicting the perpetrator of the criminal offense of tax evasion. Irregularities in the keeping of business books during the tax proceedings may lead to an acquittal of the tax evader due to a lack of evidence. For certain types of taxes, as well as for particular categories of taxpayers, accounting books play a key role in determining their tax liability. This raises the question of whether the role of this means of evidence in tax and criminal proceedings has been adequately regulated by the applicable procedural laws. In response to this question, the authors, on the basis of the results obtained from their research, will propose a de lege ferenda solution.
Family companies constitute an essential type of company in national and global economies, yet their long-term survival depends on effective succession planning. If the intergenerational transfer is not arranged in advance, the company faces the risk of fragmentation and even dissolution. Rather than comparing an identical legal tool in both jurisdictions, the article investigates two different instruments: one for advance and timely planning, and the other for the prevention of fragmentation through succession when no prior planning exists. Each tool is analyzed within its national framework, with the aim of demonstrating how such instruments may serve as role models not only for Slovenia and Hungary, but also for other jurisdictions. From the perspective of Slovenian law, the article considers whether special protective succession rules, similar to those preventing the fragmentation of protected farms, could be introduced to preserve family companies in cases where no prior transfer arrangements exist. From the perspective of Hungarian law, the paper analyses the asset management foundation, a private-law mechanism that allows founders to determine conditions for the governance and transfer of family wealth across multiple generations. The comparison reveals two contrasting approaches: a statutory framework aimed at preventing fragmentation of family companies, and a flexible private-law tool reserved primarily for families with substantial assets. Despite their differences in scope and accessibility, both instruments may coexist within a national framework: one facilitating advance succession planning, the other preventing fragmentation in its absence.
The impact of artificial intelligence (AI) on human society is indisputable. This paper explores AI's influence on the media industry, with a particular focus on understanding the effects and implications of generative imagery and other AI integrations across various dimensions of the media landscape. A methodical literature review highlights key themes, including content creation, curation, visual media, privacy concerns, and evolving media ethics. The findings demonstrate that AI-generated imagery serves as a powerful creative tool, yet remains in constant evolution and demands a well-defined legal and ethical framework for responsible use in journalism and media. The results also emphasize the need for professional guidance, continuous skill development, and the implementation of ethical AI practices within the industry.
