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70TH ANNIVERSARY OF THE LAW ON OBLIGATIONS AND CONTRACTS Cover Image
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70 години Закон за задълженията и договорите
70TH ANNIVERSARY OF THE LAW ON OBLIGATIONS AND CONTRACTS

Author(s): Malina Novkirishka- Stoyanova, Ileana Del Bagno, Desislava Stoyankova, Gian Paolo Trifone, Angel Shopov, Krasen Stoychev, Andrean Slavchev, Zhana Koleva, Vasil Iliev, Teodor Peshterski, Tanya Yosifova, Polya Goleva, Tihomir Rachev, Ivaylo Toskov, Ventsislav L. Petrov, Andrey A. Serebryakov, Ivan Ruschev, Michel Boudot, Cyril Grimaldi, Krum Todorov, Georgi Penchev, Jordan Pangev, Petar Topurov, Elka Porominska, Maria Dimitrova Chochova, Ivaylo Ivanov Staykov, Rumen Georgiev
Contributor(s): Malina Novkirishka-Stoyanova (Editor), Krasimir Mitev (Editor), Yaroslava Genova (Editor), Angel Shopov (Editor), Aleksandar Aleksandrov (Editor), Andrean Slavchev (Editor), Tanya Mircheva (Editor), Teodor Peshterski (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
Published by: Издателство „Сиби“
Keywords: LAW ON OBLIGATIONS AND CONTRACTS
Summary/Abstract: It is well-known that Bulgarian national legal system does not have its civil code. Nevertheless, every Bulgarian jurist could confirm the codification role of the Law on Obligations and Contracts (LOC). This important law for our national legal system has celebrated 70th anniversary in 2021. The book offers papers covering three thematic fields – historical aspects, issues under the regulation of LOC and issues having regulation outside LOC but connected with it. The biggest number of proceedings were presented and discussed at the International Scientific Colloquium on this anniversary organized in the Autumn 2021 by a research team from the Law Faculty of University of Plovdiv. We wish you pleasant moments while reading!

  • Print-ISBN-13: 978-619-226-224-2
  • Page Count: 432
  • Publication Year: 2022
  • Language: English, Bulgarian, Russian
Обективната отговорност и receptа в римското право

Обективната отговорност и receptа в римското право
(STRICT LIABILITY AND RECEPTA IN ROMAN LAW)

  • Author(s):Malina Novkirishka- Stoyanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law
  • Page Range:11-42
  • No. of Pages:32
  • Keywords:strict liability; Roman law; ius honorarium; pacta; recepta; nauta; caupo; stabularius; actio in factum
  • Summary/Abstract:The topic of strict liability in Roman law is usually quite fragmentarily discussed from a historical perspective in relation to modern law. Although it is a very specific topic covering the activities of slaves, subordinates and others having different relationships with the responsible person, some basic elements of the regulation, case law and interpretations of the Roman iurisprudentes can be found in the current rules for consumer protection, in tort and contractual liability for acts of others or for strict liability. The article discusses the recepta as specific contracts in Roman law. Special attention is paid to recepta nautarum cauponum vel stabulariorum in the context of strict liability existing in the Bulgarian Law on Obligations and Contracts and also regulated in numerous national and international acts related to maritime transport and consumer protection.
  • Price: 10.00 €
Гражданският кодекс на Обединена Италия. Произход, принципи, граници

Гражданският кодекс на Обединена Италия. Произход, принципи, граници
(THE CIVIL CODE IN UNITED ITALY. ORIGINS, PRINCIPLES, LIMITS)

  • Author(s):Ileana Del Bagno
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Comparative Law
  • Page Range:43-53
  • No. of Pages:11
  • Keywords:Civil code; rights; ability to act; people with disabilities
  • Summary/Abstract:The 1865 civil code was created based on the need for a National Code of Laws developed in short time, in order to rapidly witness to all Europe the power of the young Italian Kingdom, established in 1861. The task had thus a clear political objective and was carried out through intensive preliminary activities and discussions. The result, mixing harmonization and assimilation of different practices, was able to address traditional and cultural issues and also perspective growth needs of a society and an associated economy oriented towards future evolutions. The Napoleonic Code becomes the basic skeleton of the project, as it had already happened in the case of many codes developed by different States before unifi cation. Nevertheless, in spite of strong infl uences and innovations resulting from different experiences, some of the results were prone to remarkable weakness. The set of laws addressing the legal status of people with sensory disabilities is for sure one example of such a weakness.
  • Price: 6.00 €
Относно Закона за задълженията и договорите от 1892 г.

Относно Закона за задълженията и договорите от 1892 г.
(ON THE LAW ON OBLIGATIONS AND CONTRACTS OF 1892)

  • Author(s):Desislava Stoyankova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
  • Page Range:54-65
  • No. of Pages:12
  • Keywords:civil law; obligations; trade, society
  • Summary/Abstract:The article examines and presents the Law on Obligations and Contracts adopted after the Liberation of Bulgaria. The legal act is one of the first and most important acts in the field of civil law. It regulates the obligations, contains rules, regulating the trade exchange and stimulating the development of the economic relations.
  • Price: 6.00 €
Between Continuity and Discontinuity. The Evolution of the Civil Code System in Italy

Between Continuity and Discontinuity. The Evolution of the Civil Code System in Italy
(Между континюитета и дисконтинюитета. еволюцията на системата на италианския граждански кодекс)

  • Author(s):Gian Paolo Trifone
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, History of Law
  • Page Range:66-72
  • No. of Pages:9
  • Keywords:Civil Code; Special laws; Constitution
  • Summary/Abstract:The report concerns the role of 1942’s Italian Civil Code in the framework of the renewed constitutional principles. After the transition from fascism to the Republic and the consequent repeal of the more enhanced ‘regime‚ provisions in contrast to the new laws, the articles of the Code only have the function of indicating the legal scheme of contracts and obligations. Special laws become the instrument of implementing constitutional principles, with an impact on the new disciplines, partly substituting, partly upsetting the structure of the Code in terms of work, property, economy. All these legal provisions converge to the issue of civil rights.
  • Price: 5.00 €
Епохата при появата на действащия ЗЗД

Епохата при появата на действащия ЗЗД
(THE EPOCH AT THE APPEARANCE OF THE CURRENT BULGARIAN LAW ON OBLIGATIONS AND CONTRACTS)

  • Author(s):Angel Shopov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
  • Page Range:75-97
  • No. of Pages:23
  • Keywords:history (1941–1951); the current Bulgarian Law on Obligations and Contracts (LOC); historical context
  • Summary/Abstract:This study aims to point out the main historical facts (socio-political events, cultural habits and economic data) about Bulgaria in the decade before the LOC came into force between 1941 and 1951. An attempt has been made, free from ideological clichés, to involve our Law on Obligations and Contracts (LOC) in this historical context.
  • Price: 8.00 €
Законът за задълженията и договорите и ролята му в системата на българското гражданско право

Законът за задълженията и договорите и ролята му в системата на българското гражданско право
(THE LAW ON OBLIGATIONS AND CONTRACTS REGARDING ITS INFLUENCE ON THE BULGARIAN CIVIL LAW SYSTEM)

  • Author(s):Krasen Stoychev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:98-107
  • No. of Pages:10
  • Keywords:Law on Obligations and Contracts; civil law; Bulgarian civil law; law of obligations
  • Summary/Abstract:The Law on Obligations and Contracts (LOC) influences the Bulgarian civil law system in three aspects. First, its endorsement of continuity, then compilation and, last but not least, modernization. One can find ample evidence of LOC’s enormous potential in its texts and their arrangement. In fact, LOC’s breadth of vision gives the outline of Bulgarian civil law.
  • Price: 5.00 €
Принципът на пропорционалност в българското облигационно право

Принципът на пропорционалност в българското облигационно право
(PRINCIPLE OF PROPORTIONALITY IN BULGARIAN LAW OF OBLIGATIONS)

  • Author(s):Andrean Slavchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:108-127
  • No. of Pages:20
  • Keywords:principle; proportionality; law of obligations
  • Summary/Abstract:The principle of proportionality has been discussed relatively recently in our doctrine and case law. At present, it is indicated as a general principle of our legal system. The purpose of this article is to briefly examine the origin of the principle, its functions and whether and how it behaves in our law of obligations. The interest that is the reason why the principle of proportionality is manifested in the law of obligations is the fact that when the Law on Obligations and Contracts was created, this principle was not mentioned in the doctrine, which is understandable, due to its proclamation in Western Europe in the mid-1950s and its subsequent approval by the Court of Justice of the European Union and the European Court of Human Rights. The question is whether our legislator has implicitly adopted this principle and through various legal norms has found expression in our objective law, although even at present this principle is not indicated as specific to the law of obligations in our doctrine. At the same time, however, it is not indicated as a general principle with which the law of obligations to comply.
  • Price: 8.00 €
Злоупотребата с право. Исторически и сравнителен анализ

Злоупотребата с право. Исторически и сравнителен анализ
(THE ABUSE OF RIGHTS. HISTORICAL AND COMPARATIVE ANALYSIS)

  • Author(s):Zhana Koleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
  • Page Range:128-149
  • No. of Pages:22
  • Keywords:Abuse of rights; Civil Law; Commercial Law; Comparative Law; Roman Law; Corpus Juris Civilis; Digests
  • Summary/Abstract:The subject matter of this research is the concept and the regulation of the abuse of rights established in the Law of Obligations and Contracts (Art. 8, Para 2 LOC) and in the Commercial Law (Art. 289 CL). They are comparatively analyzed in respect of the leading national legal systems in Germany, Austria, Switzerland, France and Italy. The study historically traces whether the general rule of abuse of rights is found out in Ancient Roman Law. According to the widespread doctrine view the concept of abuse of rights originates from the international public law3, which condemns the abuse of discretionary power of public authority. Nowadays the abuse of rights is also found in Private Law with its specific features. The doctrine debates whether the origin of the concept dates back to Ancient Roman Law. Some texts of Corpus Juris Civilis describe and prohibit certain human activities as unlawful exercising of a given right as the D. 39.3.1.12 and D. 39.3.2.9. are most often cited. By establishing these rules the ancient Romanists were guided by the rule: no malice – no actio. Though still in rudimental stage, these rules demonstrate the rise of an idea, which became a clear concept hundreds of years later.
  • Price: 8.00 €
Правна проблематика на заплашването при договаряне. Заплашването в избрани престъпни състави

Правна проблематика на заплашването при договаряне. Заплашването в избрани престъпни състави
(LEGAL ISSUES OF DURESS IN CONTRACT FORMATION. THREAT IN SELECTED CRIMES)

  • Author(s):Vasil Iliev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:150-159
  • No. of Pages:10
  • Keywords:voidability; vice of will; duress; contract formation; threat; crime
  • Summary/Abstract:In this article the author interprets Art. 30 of the Law on Obligations and Contracts (LOC), with the purpose to address the problems connected with its application. The formation of declaration of will under duress, one the one hand, and some selected crimes that include the threat as part of the legal requirements, on the other, will be compared.
  • Price: 5.00 €
Историческо развитие на крайната нужда (от Античността до средните векове)

Историческо развитие на крайната нужда (от Античността до средните векове)
(HISTORICAL DEVELOPMENT OF THE GROSS DISPARITY (FROM ANTIQUITY TO THE MIDDLE AGES))

  • Author(s):Teodor Peshterski
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law
  • Page Range:160-177
  • No. of Pages:18
  • Keywords:gross disparity; laesio enormis; lésion; fair price
  • Summary/Abstract:The article examines the most important fragments and rescripts of the Justinian Code (529) and the Digests (533), which lay the foundation of the modern concept of protecting the economically weaker party in contractual relations. Part of this protection is the institution of gross disparity which appeared later. The freedom of contract in the contract of sale in classical Roman law and the exception to this freedom, introduced by two imperial rescripts, are analyzed. Interpretations of these exceptions made by glossators during the Middle Ages are considered. They introduce the term laesio enormis. Their doctrine, the possibility of rescission of the contract for sale of land is provided in cases where there is a significant deviation from the fair price. The doctrine of the glossators, along with the usury, are the basis for the establishment of the institution of gross disparity in modern civil codifications under different names – e. g. Wucher (in German) and lésion (in French), lesión (in Spanish) and lesione (in Italian).
  • Price: 6.00 €
За абсолютната давност в българското гражданско право

За абсолютната давност в българското гражданско право
(ON THE ABSOLUTE LIMITATION PERIOD OF CLAIMS IN BULGARIAN CIVIL LAW)

  • Author(s):Tanya Yosifova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:178-182
  • No. of Pages:5
  • Keywords:limitation period; good faith; Decision of the Constitutional Court
  • Summary/Abstract:The paper focuses on the characteristics of the absolute limitation period of claims in Bulgarian civil law which was introduced for the first time with the Law on Amendment of the Law on Obligations and Contracts (LALOC), State Gazette, Issue 102 of 2020. Special attention is paid to the comparison with the absolute limitation period in public law, as well as to Decision No 4 of 2021 of the Constitutional Court which declares the § 2 of the Transitional and Final Provisions of LALOC contrary to the Constitution.
  • Price: 4.50 €
Регресът и суброгацията според Закона за задълженията и договорите

Регресът и суброгацията според Закона за задълженията и договорите
(REVERSED CLAIM AND SUBROGATION UNDER THE LAW ON OBLIGATIONS AND CONTRACTS)

  • Author(s):Polya Goleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:183-194
  • No. of Pages:12
  • Keywords:reversed claim; subrogation; Law on Obligations and Contracts
  • Summary/Abstract:In this report, the concepts of reversed claim and subrogation will be considered for the first time in a new light and an attempt will be made to re-evaluate their content. The new theory of the nature of reversed claim and subrogation will help to fairly resolve a number of practical issues related to objections, limitation periods, arbitration agreements in relations with third parties and between debtors in contractual relations.
  • Price: 6.00 €
Предвидимо неизпълнение

Предвидимо неизпълнение
(ANTICIPATED BREACH OF CONTRACT)

  • Author(s):Krasimir Mitev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:195-212
  • No. of Pages:18
  • Summary/Abstract:The anticipated breach of contract, i.e. when prior to the date of performance it becomes clear that there will be non-performance is a concept, which originated in the Common Law. But gradually during the previous century, it entered the Civil-Law jurisdictions, as well. The private codifications as PECL, PICC and DCFR also provide redress in such case. The report deals with the position of Bulgarian contract law towards anticipated breach of contract.
  • Price: 6.00 €
Mora debitoris и чл. 85 ЗЗД

Mora debitoris и чл. 85 ЗЗД
(MORA DEBITORIS AND ARTICLE 85 OF THE LAW ON OBLIGATIONS AND CONTRACTS)

  • Author(s):Tihomir Rachev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:213-226
  • No. of Pages:14
  • Keywords:mora debitoris; debtor’s liability; Bulgarian Law on Obligations and Contracts; Roman legal tradition in contemporary law
  • Summary/Abstract:The aim of the present article is to trace the genesis and historical roots of the exception to the consequences of the debtor’s default – mora debitoris; introduced in contemporary Bulgarian law by art. 85 of the Law on Obligations and Contracts (LOC). According to this text; the debtor’s liability for non-performance of his obligation could be avoided; even if the impossibility for performance of the obligation arises after the delay. The essence of art. 85 LOC is examined by comparison with other legal regulations; in the perspective of some problems in the application of law.
  • Price: 6.00 €
Определяне на пропуснатите ползи

Определяне на пропуснатите ползи
(ON THE DEFINITION OF LOST PROFITS)

  • Author(s):Ivaylo Toskov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:227-234
  • No. of Pages:8
  • Keywords:compensatory damages; loss of profit
  • Summary/Abstract:The report analyses the loss of profit (lucrum cessans) as a type of compensatory damages, resulting from unlawful act. The main notions in the legal doctrine as well as the court practice are outlined, and a challenge is made towards notions that are considered classic. A suggestion for a new look towards the legal concept of loss of profit is made, with the dim hope that this may offer a new perspective for the court practice.
  • Price: 4.50 €
По въпроса за презумираните в съдебната практика факти от фактическия състав, пораждащ правото по чл. 135 ЗЗД

По въпроса за презумираните в съдебната практика факти от фактическия състав, пораждащ правото по чл. 135 ЗЗД
(ON THE PRESUMPTIONS OF FACTS UNDER ART. 135 OF THE BULGARIAN LAW ON OBLIGATIONS AND CONTRACTS (ACTIO PAULIANA) IN COURT PRACTICE)

  • Author(s):Ventsislav L. Petrov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:235-247
  • No. of Pages:13
  • Keywords:actio Pauliana; claim under Art. 135 LOC; proof; presumption
  • Summary/Abstract:The article studies the issue which factual aspects, creating the right under the Art. 135 of the Bulgarian Law on Obligations and Contracts (LOC), are presumed and which facts must be proved by the plaintiff. The criticism against the following opinions in the court practice is made: that the plaintiff should not prove his obligation right; that he should not prove the damaging character of the transaction made by the debtor; that he should not prove that the debtor knows his transaction damages the creditor.
  • Price: 5.00 €
Сравнителен анализ между българския ЗЗД и руския Граждански кодекс

Сравнителен анализ между българския ЗЗД и руския Граждански кодекс
(LEGISLATION ON OBLIGATIONS AND CONTRACTS IN BULGARIA AND RUSSIA)

  • Author(s):Andrey A. Serebryakov
  • Language:Russian
  • Subject(s):Law, Constitution, Jurisprudence, Comparative Law
  • Page Range:248-251
  • No. of Pages:4
  • Keywords:obligations; law of obligations; civil legislation; codification; civil law
  • Summary/Abstract:A comparative analysis of the Bulgarian Law on Obligations and Contracts and of the Russian Civil Code regulating general provisions on obligations and contracts is offered. The similarities and differences of individual legal institutions are noted. Questions about the influence of judicial practice on the development of legal regulation of obligations, as well as about the trends of its development are touched upon.
  • Price: 4.50 €
Обратно действие на гражданския закон и действието му върху заварени правоотношения

Обратно действие на гражданския закон и действието му върху заварени правоотношения
(RETROACTIVE EFFECT OF THE CIVIL LAW AND ITS EFFECT ON EXISTING LEGAL RELATIONS)

  • Author(s):Ivan Ruschev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:252-265
  • No. of Pages:14
  • Keywords:civil law; retroactive effect; effect on existing legal relations; decision of the Constitutional Court
  • Summary/Abstract:These notes try to distinguish the retroactive effect from the effect on existing legal relations in the most characteristic sources of civil law – the laws. The separate legal cases are systematized, which envisage retroactive effect from those regulating the effect of the new law on existing legal relations. The basic understandings in the doctrine are studied. The author’s thesis, that independent action of the civil law on existing legal relations, different from the actions ex tunc and ex nunc, does not exist. In any case, they can be reduced to one of the two main types of temporal actions.
  • Price: 6.00 €
Елементи на сравнителноправен анализ върху теорията за недействителност на договорите

Елементи на сравнителноправен анализ върху теорията за недействителност на договорите
(ELEMENTS FOR A COMPARATIVE ANALYSIS OF THE THEORY OF NULLITY OF CONTRACTS)

  • Author(s):Michel Boudot
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Comparative Law
  • Page Range:266-285
  • No. of Pages:20
  • Keywords:contract; invalidity; nullity; annullability; right to criticize; comparative approaches
  • Summary/Abstract:In order to compare the theories of invalidity in the different legal systems, three approaches can be adopted. These three divergent ways of considering the formation of acts may be seen as potentially incoherent or paradoxical. Each approach focuses its attention on distinct areas: 1° – fi rst, on the object of interpersonal relationship, i.e. on the content of the act; 2° – then, on the parties interested in the act, i.e. on the persons entitled to bring actions capable of contesting it; 3° – on the authority empowered to decide on its legal effectiveness. Depending on the nuances of each legal system regarding the classification of the causes of invalidity, the first approach is adopted by continental systems, which make a distinction between nullity/existence and annullability (voidability), as in Italian and Bulgarian law. The second approach is adopted by French law, which focuses on the right to criticize acts whose legality is less clear: where these are the minimum criteria for invalidity of the act relevant to the procedural conditions for its annulment. The third approach focuses neither on the object of the act nor on the person entitled to criticize it but takes the point of view of the authority empowered to rule on invalidity (which may be the legislator, the judge or one of the parties); in this case, the essential question is what is binding on the judge when a dispute is brought before him. Should he recognize the invalidity ex officio? Or can he validate an act that has been irregularly formed? This third approach allows for comparative reflection, and it is the one we will adopt to shed light on the ambiguities of the first two.
  • Price: 8.00 €
Въпроси на непреодолимата сила във френското право

Въпроси на непреодолимата сила във френското право
(ISSUES OF VIS MAJOR UNDER FRENCH LAW)

  • Author(s):Cyril Grimaldi
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Comparative Law
  • Page Range:286-304
  • No. of Pages:19
  • Keywords:contract; obligation; creditor; exercise of the right; impossibility; force majeure; execution; external reason; termination
  • Summary/Abstract:Under this title, with the consent of Prof. Cyril Grimaldi, two of his articles published at different times in the renowned digest Recueil Dalloz – La force majeure invoquée par le créancier dans l’impossibilité d’exercer son droit [Invocation of the force majeure by the creditor when he is unable to exercise his right] (2009) and La force majeure, source d’enrichissement? [Force majeure, a source of enrichment?] (2021) are included. The articles address the same question of force majeure – whether the creditor can invoke it and if he can benefit from its corresponding consequences. This allows them to be combined into one material, whereby the reader will be able to get a more complete and clearer idea of the problem. The development of jurisprudence in the period between the writing of the articles can also be traced. The current paper contains also Arrêt n°714 du 25 novembre 2020 (19–21.060) – Cour de cassation – Première chambre civile [Decision № 714 of 25 November 2020 of the French Court of Cassation], which is the reason for writing of the second article.
  • Price: 8.00 €
Разграничение между договора за разпределение на ползването между съсобственици и договора за управление на общите части на сгради в режим на етажна собственост, построени в жилищен комплекс от затворен тип

Разграничение между договора за разпределение на ползването между съсобственици и договора за управление на общите части на сгради в режим на етажна собственост, построени в жилищен комплекс от затворен тип
(DIFFERENTIATION BETWEEN THE AGREEMENT FOR APPORTIONMENT OF USE BETWEEN CO-OWNERS AND THE AGREEMENT AS PER ART. 2 OF THE CONDOMINIUM MANAGEMENT ACT)

  • Author(s):Krum Todorov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:30-325
  • No. of Pages:21
  • Keywords:agreement for apportionment of use between co-owners; agreement as per Art. 2 of Condominium Management Act (CMA); closed residential communities
  • Summary/Abstract:The present academic work aims to consider, compare and analyze the Agreement for Apportionment of Use between Co-owners and the Agreement for Management of the Common Parts in Buildings in Closed Residential Communities. Since the first agreement is not legally regulated, and the latter’s legal framework is scarce, both raise multiple issues. The concurrent analysis shows relations and controversies, whose consideration will benefit the legal theory as well as the practicians.
  • Price: 8.00 €
Някои правни проблеми на гражданската отговорност в областта на опазване на околната среда в Република България

Някои правни проблеми на гражданската отговорност в областта на опазване на околната среда в Република България
(SOME LEGAL ISSUES OF THE CIVIL LIABILITY IN THE FIELD OF ENVIRONMENTAL PROTECTION IN THE REPUBLIC OF BULGARIA)

  • Author(s):Georgi Penchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:326-335
  • No. of Pages:10
  • Keywords:civil liability; environmental protection; Republic of Bulgaria
  • Summary/Abstract:This scientific study is dedicated to some legal issues of civil liability in the field of environmental protection in the Republic of Bulgaria. Its relevance is related to the significance of this kind of liability for infringement of the legislation on environmental protection in our country. The distinctive features of the civil liability for protection of some natural resources are evaluated.
  • Price: 5.00 €
Неравноправните клаузи и злоупотребата с право

Неравноправните клаузи и злоупотребата с право
(UNFAIR TERMS AND THE ABUSE OF RIGHTS)

  • Author(s):Jordan Pangev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:336-348
  • No. of Pages:13
  • Keywords:unfair terms; abuse of right; contractual freedom
  • Summary/Abstract:The predominant part of the Bulgarian and European legal literature assumes that unfair terms in contracts represent an abuse of rights by the person offering the contractual content. The present study will try to establish whether the unfair terms in the contracts really constitute an abuse of rights or; although they have common ground; are different phenomena. There are various theories about the abuse of rights itself; regarding the main characteristics of this institution. In this regard; the objective and subjective theories of abuse of rights will be considered; in respect of the possibility of unfair terms to fit into the constituent elements of these theories.
  • Price: 5.00 €
Неустойката за непредоставяне на обезпечение като скрито възнаграждение по договорите за потребителски кредит

Неустойката за непредоставяне на обезпечение като скрито възнаграждение по договорите за потребителски кредит
(OF SECURITY AS A HIDDEN REWARD UNDER CONSUMER CREDIT AGREEMENTS)

  • Author(s):Petar Topurov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:349-363
  • No. of Pages:15
  • Keywords:consumer credit contract; nullity of the contract; penalty clause; hidden reward
  • Summary/Abstract:The report analyzes the nature of the clauses in consumer credit agreements; which provide for the payment of a penalty for non-provision of security shortly after the conclusion of the agreement. For this purpose; the opinions in the case law are examined that such a clause has the character of hidden reward under the contract and that such a clause appears to be void. The question of whether the invalidity of the clause leads to the conclusion that the entire consumer credit agreement is invalid is also addressed in the report.
  • Price: 6.00 €
Договор за правна защита и съдействие – анализ на съдебната практика

Договор за правна защита и съдействие – анализ на съдебната практика
(CONTRACT BETWEEN ATTORNEY AND CLIENT (case law review))

  • Author(s):Elka Porominska
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:364-384
  • No. of Pages:21
  • Keywords:legal protection contract; lawyer fees; case-law; objection to excessive remuneration; reducing the remuneration; awarding lawyer fees; legal aid
  • Summary/Abstract:The report addresses the legal nature of the legal protection and assistance contract signed with the lawyer protecting the civil rights. Its regulation could be found in the Law on Obligations and Contracts (LOC) and in the Law on the Bar. An analysis is made of the Cassational case-law on this type of contract. How to prove the costs of a lawyer is also considered. Possibility of reducing the agreed remuneration when challenged in court as well as when awarded by the court under Art. 80 of the Civil Procedure Code (CPC) or when it is requested under Art. 78, para. 5 CPC (an objection of excess amount). Possibilities for reducing attorney’s fee for legal aid granted under Art. 47 CPC.
  • Price: 8.00 €
Приложение в трудовото право на принципите и критериите по чл. 20 от Закона за задълженията и договорите

Приложение в трудовото право на принципите и критериите по чл. 20 от Закона за задълженията и договорите
(APPLICATION IN LABOR LAW OF THE PRINCIPLES AND CRITERIA UNDER ART. 20 OF THE LAW ON OBLIGATIONS AND CONTRACTS)

  • Author(s):Maria Dimitrova Chochova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
  • Page Range:385-394
  • No. of Pages:10
  • Keywords:freedom of contract; actual will; employment relationship; collective agreement
  • Summary/Abstract:A number of institutions of contractual law, established by the Law on Obligations and Contracts, find subsidiary application in labor law. The paper considers the principles and criteria established in Art. 20 of the Law on Obligations and Contracts, an analysis of some provisions of the Labor Code has been made, as well as of case law ruled on the occasion of resolving labor disputes, with reference to Art. 20 of the Law on Obligations and Contracts.
  • Price: 5.00 €
Договорноустановен неплатен отпуск

Договорноустановен неплатен отпуск
(CONTRACTUALLY ESTABLISHED UNPAID LEAVE)

  • Author(s):Ivaylo Ivanov Staykov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
  • Page Range:395-412
  • No. of Pages:18
  • Keywords:unpaid leave; employment contract; labor law
  • Summary/Abstract:The scientific research analyzes the possibility in a collective labor agreement or in the employment contract to agree on a type of leave that is not regulated by law, and how this possibility fits into the provision of Art. 118, para. 1 of the Labor Code? The thesis is substantiated that it is completely admissible and lawful to agree on such leave – for example, unpaid leave. This leave may be called ‘contractual leave’, as opposed to the legal concept of ‘statutory leave’.
  • Price: 6.00 €
Погасителната давност в изпълнителното производство по ГПК

Погасителната давност в изпълнителното производство по ГПК
(STATUTE OF LIMITATIONS IN THE ENFORCEMENT PROCEEDINGS UNDER THE CPC)

  • Author(s):Rumen Georgiev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:413-431
  • No. of Pages:19
  • Keywords:statute of limitations; peremption; termination; suspension
  • Summary/Abstract:The subject of this scientific report is the study of the problem with the application of the statute of limitations in the civil enforcement process. The scientific report shall briefly address problems in the application of the statute of limitations in enforcement proceedings under the Civil Procedure Code. The subject of the research is both the historical development of the issue of the statute of limitations in the proceedings concerning individual enforcement under the Civil Procedure Code and the current problems and ambiguities arising both in case law and in Bulgarian doctrine. An important distinction will also be made between the institution under consideration and that of ‘peremption’‚ due to their frequent confusion in law enforcement.
  • Price: 6.00 €
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