Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 3 (2002)
Scientific Works - Plovdiv University "Paisii Hilendarski". Book 7. Social Sciences : Law, Volume 3 (2002)
Contributor(s): Emilia Drumeva (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation, Commercial Law, Labour and Social Security Law
ISSN: 0861-3184
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: history of law; theory of law; public law; private law; criminal law;
Republic of Bulgaria
Summary/Abstract: This issue is dedicated to 10th anniversary of the Law faculty at the University of Plovdiv. The contributors are mainly researchers from the same faculty. Papers discuss various questions of history of law, as well as these of private (national or international) law.
- Page Count: 157
- Publication Year: 2002
- Language: Bulgarian
Приложимо право към трудови правоотношения с международен елемент
Приложимо право към трудови правоотношения с международен елемент
(Applicable Law to Labour Relations with an International Element)
- Author(s):Tsvetana Kamenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Labour and Social Security Law
- Page Range:5-28
- No. of Pages:24
- Keywords:applicable law; labour relations; an international element
- Summary/Abstract:The main object of this article is to present the applicable law to labour relations with an international element. It is paid attention to the main collision norms, which are perceived in this area – lex loci laboris and lex delegationis, as well as the need of inclusion of lex voluntatis in the future Bulgarian private international act, as a primary norm. A brief conceptual framework is presented to the international agreements, in which Republic of Bulgaria takes part, to the bilateral contracts concerning labour and social security relations, as well as to the internal sources which tackle the topic.
Следкласическото римско право и проблемът с пустеещите земи
Следкласическото римско право и проблемът с пустеещите земи
(Post-Classical Roman Law and the Waste Land Problem)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:29-55
- No. of Pages:27
- Keywords:Roman law; agri deserti
- Summary/Abstract:In every society appears the necessity of rational management of the land. In the Bulgarian legal system there is a lack of unified regulatory framework concerning waste or uncultivable lands and there is a need to look back into Roman law, which shows us the attepmts of Roman emperors to establish more rational organisation of farming the land. It is made a review of development of the land relations during the golden age of Roman Empire. A conclusion is made that it is appropriate to borrow the idea and economic logic which aims to solve the problem of agri deserti.
Основания и условия за допустимо придобиване на собствени акции от акционерно дружество по търговския закон
Основания и условия за допустимо придобиване на собствени акции от акционерно дружество по търговския закон
(Grounds and Conditions for Admissible Acquisition of Own Shares by a Joint-Stock Company under the Bulgarian Commercial Law)
- Author(s):Grigor Naydenov Grigorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:56-76
- No. of Pages:21
- Keywords:acquisition; own shares; joint-stock company; creditors; shareholders
- Summary/Abstract:The main object of the present work is to make a short analize of the grounds and conditions for acquisition of own shares by a joint-stock company. The issue of the ban on the acquisition of own shares is also touched upon, paying particular attention to the interests of creditors and those of shareholders that may be affected. The various methods that the Bulgarian Commercial Law contains for the acquisition of own shares according to the statutory requirements are commented on, as well as the conditions for the acquisition of own shares according to Art. 187a, Para. 2 and Para. 4 of the Commercial Law, the conditions for redemption and the conditions for the redemption of shares with redemption privileges.
Освобождаващи клаузи в договорите
Освобождаващи клаузи в договорите
(Exemption Clauses in Contracts)
- Author(s):Krasimir Mitev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
- Page Range:77-94
- No. of Pages:18
- Keywords:exemption clauses; contracts; negotiation
- Summary/Abstract:According to Bulgarian Law on Obligations and Contracts, the parties can freely determine the content of the contract, as long as they do not violate the mandatory norms and good morals. The legal literature in Bulgaria has not dealt with exemption clauses in contracts and there is also no developed case-law. For this purpose, the current work examines the status of these clauses, in countries with a developed market economy such as England, France, Germany as well as in the EU law. The approaches to the regulation of freedom of contract under exemption clauses in England, on the one hand, and in Germany and France, on the other hand, are different. It can also be explained by the fact that the mentioned countries are part of different legal systems – of the Anglo-American and of the continental.
Използване на търговски марки в Интернет
Използване на търговски марки в Интернет
(Use of Trademarks on the Internet)
- Author(s):Diman Dimov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:95-105
- No. of Pages:11
- Keywords:intelectual property; trademark; internet
- Summary/Abstract:The present work will duscuss the issue under what circumstances a right protected in the territory of a country can be considered violated by the use of a similar sign on the Internet and what legal consequences arise from this. Attention is paid to the development process of the General Recommendations of World Intelectual Property Organization. The provisions of the General Recommendations of World Intelectual Property Organization, their binding effect, mandatory application and political weight will be also considered.
За контурите на обществения ред в съвременното българско международно частно право
За контурите на обществения ред в съвременното българско международно частно право
(On the Contours of Public Policy in Contemporary Bulgarian Privale International Law)
- Author(s):Angel Shopov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
- Page Range:106-118
- No. of Pages:13
- Keywords:Bulgarian private international law; public policy; principles of law
- Summary/Abstract:The goals of the present study are to outline the contours of public policy in today’s Bulgarian private international law, taking into account the works of Bulgarian legal scholars, as well as foreign literature available to the author. An overview of the opinions on the concept of public policy in Bulgarian legal theory is made, as well as a kind of comparison between the public policy and principles of law. Attention is paid to the relationship between public policy and basic moral and legal values, through the points of contact between these two categories. In conclusion, it is stated that contours of the modern Bulgarian public policy encompass all the basic legal principles laid down in the Constitution of the Republic of Bulgaria, as well as the sectoral principles that are their reflection.
Предпоставки за изменение на трудовия договор за неопределено време в договор за определен срок
Предпоставки за изменение на трудовия договор за неопределено време в договор за определен срок
(Prerequisites for Changing a Permanent-Term Employment Contract into a Definite-Term Contract)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:119-127
- No. of Pages:9
- Keywords:change; employment contract; fixed-term
- Summary/Abstract:This paper draws attention to the amendments to the Labour Code of March 2001, which aim to overcome the established practice of mass and widespread use of fixed-term employment contracts. With the entering into force of the prerequisite of written declaration of the worker or employee, provided in Art. 67, Para. 3 of the Labour Code, an opportunity was created to successfully counteract the incorrect employer's practice. On the other hand, it was found that the desire of the worker or employee is not a sufficient condition for the parties to the employment contract for an indefinite period into one for a fixed period.
Тълкуване на патентни претенции при спор за патентно нарушение
Тълкуване на патентни претенции при спор за патентно нарушение
(Interpretation of Patent Claims in Patent Infringement Dispute)
- Author(s):Veselina Maneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:128-144
- No. of Pages:17
- Keywords:patent; patent claims; Act; interpretation
- Summary/Abstract:With this development, attention is paid to the patent claims, which for the first time were submitted within the scope of Bulgarian legislation with the introduced legal regulation in Art. 17 of the Patents’ Act in 1993. Attention is drawn to the term “sign equivalence”. The difference between the two systems of interpretation of the claims is indicated – restrictive and expansive in relation to the legal function of the claims. The current case-law of the Sofia City Court is cited, which stated the main situations in a dispute over patent infringements.
Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война
Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война
(Establishment and Operation of the Military Families Assistance Act During Mobilization and War in the Period of First World War)
- Author(s):Nedyalko Bekirov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:145-157
- No. of Pages:13
- Keywords:history of law; assistance act; First World War; Bulgaria
- Summary/Abstract:The present work systematizes issued certain legal acts related to the ongoing socio-economic and socio-political processes during the First World War. Specific legal acts related to the area of satisfying the population with foodstuffs are cited. Rules and regulations aimed at providing for the population are also described, which persons are entitled to support and in what amount. In conclusion, individual problems that arise in connection with the legal act are indicated.
