Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 2 (2001)
Scientific Works - Plovdiv University "Paisii Hilendarski". Book 7. Social Sciences : Law, Volume 2 (2001)
Contributor(s): Emilia Drumeva (Editor)
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil 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: The contributors in this issue are mainly researchers from the Law Faculty at the University of Plovdiv. Papers discuss various questions of history and theory of law, these of national public and private law, as well as of the criminal law of Republic of Bulgaria.
- Page Count: 247
- Publication Year: 2001
- Language: Bulgarian
Развитие на международното частно право в Европейския съюз
Развитие на международното частно право в Европейския съюз
(Development of Private International Law in the EU)
- Author(s):Tsvetana Kamenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
- Page Range:5-34
- No. of Pages:30
- Keywords:private law; an international element; Rome Convention (Convention on the law applicable to contractual obligations)
- Summary/Abstract:This article focuses on the Rome Convention of 1980, because there is no detailed analysis on the same topic in Bulgaria. Attention is drawn to the original the Treaty establishing the European Economic Community (EEC). The creation of Rome Convention, its content and scope of application, as well as non-contractual problems that occur in certain hypotheses are studied. The paper draws attention on the relationship between the Convention and private international law sources, as well as on the general principles that are embedded in the Convention.
Двойната наказуемост като условие за допустимост на екстрадицията
Двойната наказуемост като условие за допустимост на екстрадицията
(Double Punishability as a Condition to Grant Extraditiion)
- Author(s):Anton Girginov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:35-49
- No. of Pages:15
- Keywords:punishability; double punishability; extradition
- Summary/Abstract:This scientific work discusses one of the leading problems in our country, related to the judicial procedure for the extradition of persons who have committed a crime – the double punishability of the act for which extradition is requested and the conditions under which the double punishability arises. The concept of punishability is also characterized as a main (attributive) property of the crime, without which, although the crime is constitutive and socially dangerous, extradition cannot occur.
Предишните осъждания на субекта на престъплението и обществената му характеристика като отегчаващи и смекчаващи вината обстоятелства
Предишните осъждания на субекта на престъплението и обществената му характеристика като отегчаващи и смекчаващи вината обстоятелства
(Former Sentences of the Acrot and His Social Characteristics as Mitigating and Aggravating Circumstances)
- Author(s):Tervel Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law
- Page Range:50-68
- No. of Pages:19
- Keywords:public danger; subject of crime
- Summary/Abstract:The paper presents a brief analysis of the concept of public danger of the act and the cases that determine the degree of public danger. The issue related to the circumstances that depend on the decision to take one or another measure of restraint against the accused is commented on. An opinion is expressed that the degree of public danger of the perpetrator can be judged mainly by whether he has a criminal record and what his social characteristics are. It also touches on the important issue of the individualization of punishment and the possibility of imposing a lighter sentence depending on the absence of criminal record.
Български средновековни правни паметници
Български средновековни правни паметници
(Bulgarian Medieval Legal Monuments)
- Author(s):Galabina Petrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:69-99
- No. of Pages:31
- Keywords:medieval legislative acts; First Bulgarian state; Second Bulgarian state
- Summary/Abstract:In the present work legislative acts as collections from the First and Second Bulgarian states are examined. Attention is paid both to the creation and development of Bulgarian medieval legislation, as well as to the period after the rejection of Byzantium rule. A number of legal acts are listed that had an impact in the period from establishment of the Bulgarian state to the middle of 14th century.
Правовият ред в българските възрожденски еснафи
Правовият ред в българските възрожденски еснафи
(Legal Order in the Bulgarian Revival-Time Guilds)
- Author(s):Petya Nedeleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Commercial Law
- Page Range:100-114
- No. of Pages:15
- Keywords:guilds; guild organizations; legal order
- Summary/Abstract:This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.
Ревизия на Конституцията на Република България от 1991 г.
Ревизия на Конституцията на Република България от 1991 г.
(Revision of the 1991 Constitution of the Republic of Bulgaria)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:115-129
- No. of Pages:15
- Keywords:Constitution; amendment; addition; new Constitution
- Summary/Abstract:This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.
Структура и принципи на администрацията
Структура и принципи на администрацията
(Structure and Principles of the Administration)
- Author(s):Konstantin Pehlivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:130-143
- No. of Pages:14
- Keywords:executive power; Administration Act
- Summary/Abstract:The beginning of the paper concerns the topic of the newly emerged Administration Act as a supreme legal act which outlines the structure and organization of the executive power. The work pays special attention to the bodies of the executive power, as they are laid down in the Act. In conclusion, the author welcomes the creation of Administration Act and its significant character for the improvement of public administration in Bulgaria.
Местожителство, адресна регистрация, постоянен и настоящ адрес съгласно българската правна уредба
Местожителство, адресна регистрация, постоянен и настоящ адрес съгласно българската правна уредба
(Residence, Address Registration. Permanent and Current Address According to Basic Bulgarian Legislation)
- Author(s):Angel Shopov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:144-150
- No. of Pages:7
- Keywords:Civil Registration Act; residence
- Summary/Abstract:The present work aims to clarify the concepts of residence, address registration, permanent and current address. The main problem that arises with the use of the term “residence” is touched upon. The historical aspects and the new content ot the concept are considered.
Протоколът относно Мадридската спогодба за международна регистрация на марките
Протоколът относно Мадридската спогодба за международна регистрация на марките
(The Madrid System on International Trademark Registration)
- Author(s):Diman Dimov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:151-165
- No. of Pages:15
- Keywords:Trademark and Geographical Restrictions Act; Madrid Agreement on the International Trademark Registration; Protocol on the Madrid Agreement
- Summary/Abstract:The article emphasyses on the newly adopted Trademark and Geographical Restrictions Act and its reference to the Madrid Agreement as it relates to the international trademark registration. A brief summary of the agreement and the order in which the registration takes place is presented. Special attention is also paid to the Protocol on the Madrid Agreement on the International Trademark Registration. In conclusion, advantages for the Republic of Bulgaria from the ratification of Madrid Protocol are reported.
Основни елементи в Закона за кадастъра и имотния регистър
Основни елементи в Закона за кадастъра и имотния регистър
(Essential Elements of Cadastre and Estate Register Act)
- Author(s):Ventsislav Stoyanov, Yulia Stoykova, Stoyka Kurteva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:166-188
- No. of Pages:23
- Keywords:cadastre; property register
- Summary/Abstract:At the beginning of this scientific work, a general overwiew of the cadastre and property register regulations is made. Attention is drawn to the newlies in the Cadastral and Property Register Act, related to the structure that is involved in the creation, maintenance and storage of the cadastre – the Cadastre Agency. The paper concerns the content of the cadastre, as a set of categories of cadastral data, cadastral map and cadastral registers. Emphasis is also placed on the essence and content of the real estate lot and the entry in the property register as a traditional institute of Bulgarian civil law.
Някои аспекти на понятието "предназначение за ползване"
Някои аспекти на понятието "предназначение за ползване"
(Some Aspects of "Usage Destination" Notion)
- Author(s):Lyuba Panayotova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:189-198
- No. of Pages:10
- Keywords:right of use; intended use
- Summary/Abstract:In the present work the various legal relationships that the right of use includes are taken into account. Attention is drawn to the multifaceted nature of the right of use and its characteristic importance in civil law. The contribution of property restrictions to the protection of the interests of the individuals and society as a whole is considered.
Трудови договори с определяем срок
Трудови договори с определяем срок
(Labour Contracts with a Definable Term)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:199-214
- No. of Pages:16
- Keywords:employment relationship; term
- Summary/Abstract:The development draws attention to the employment relationship that arises in connection with the leasing of labour. The nature of the term is indicated as a modality – an opportunity for the parties to the labour contract to negotiate it. Emphasis is placed on contracts “until the completion of a certain work”, to replace a worker or employee who is absent from work, and to work in a position that is filled on the basis of a competition.
Същото, но обратно
Същото, но обратно
(The Same but the Contrary)
- Author(s):Mihaylina Mihaylova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
- Page Range:215-236
- No. of Pages:22
- Keywords:oppositions; antinomies
- Summary/Abstract:In the development reference is made to oppositions and antinomies, as they are subject of consideration by philosophy and the various schools of philosophy. This paper aims to present multifacetedness of the concept of the opposite.
