Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 1 (2000)
Scientific Works - Plovdiv University "Paisii Hilendarski". Book 7. Social Sciences : Law, Volume 1 (2000)
Contributor(s): Emilia Drumeva (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, International Law, Labour and Social Security Law
ISSN: 0861-3184
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: theory and history of law; public law; administrative law; medical law; private international law; civil law and procedure; labour law; trademark law; criminal law and procedure
Summary/Abstract: This issue is the first yearbook of the Faculty of Law at University of Plovdiv “Paisii Hilendarski”. It presents both well-known authors and young authors. Many of them teach at the Faculty of Law.
- Page Count: 282
- Publication Year: 2000
- Language: Bulgarian
Правото и правната наука през следващото хилядолетие
Правото и правната наука през следващото хилядолетие
(Law and Legal Science in the Next Millennium)
- Author(s):Zhivko Stalev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:7-20
- No. of Pages:14
- Keywords:law; legal science; development
- Summary/Abstract:The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.
Изискването за спазване на административнопроизводствените правила
Изискването за спазване на административнопроизводствените правила
(The Requirement for Compliance with the Administrative Procedure Rules)
- Author(s):Kino Lazarov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:21-26
- No. of Pages:6
- Keywords:administrative procedure; characteristic features
- Summary/Abstract:The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.
Луганската конвенция за юрисдикция и изпълнение на решенията по граждански и търговски дела
Луганската конвенция за юрисдикция и изпълнение на решенията по граждански и търговски дела
(The Lugano Convention on Jurisdiction and Enforcement of Decisions in Civil and Commercial Matters)
- Author(s):Tsvetana Kamenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Commercial Law
- Page Range:27-48
- No. of Pages:22
- Keywords:Lugano Convention on Jurisdiction and Enforcement of Decisions in Civil and Commercial Matters
- Summary/Abstract:This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised aboud the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.
De Emphyteutico Iure
De Emphyteutico Iure
(De Emphyteutico Iure)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:49-118
- No. of Pages:70
- Keywords:emphyteus; emphyteutic law
- Summary/Abstract:This paper discusses the legal problems of emphyteus in Roman Law. The research focuses mainly on the emphyteutic law and in particular – on its regulation in the Justinian compilation. Attention is also drawn to the constitution of Zenon and those constitutions concering emphyteus which were adopted durig the reign of Justinian and which reflected its regime at the time of the composition of Corpus iuris civilis. It is summarized that the regulation of emphyteus is reformatory, on the one hand, and synthetic, on the other.
Правни проблеми при трансплантация и органодонорство
Правни проблеми при трансплантация и органодонорство
(Legal Issues in Transplantation and Organ Donation)
- Author(s):Darina Zinovieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:119-140
- No. of Pages:22
- Keywords:transplantation; organ donation
- Summary/Abstract:This paper sheds light on one of the methods for treating patients with organ failure – transplantation. Reference is made to the history and the first attempt at transplantation is also discussed. The legal issues related establishing brain death, giving consent for organ donation from a person in a state of brain death, and those related to giving consent for organ donation from a living donor are touched upon. In conclusion, the legal aspects in various branches of law related to transplantation and organ donation are also presented.
Съдебният протокол
Съдебният протокол
(The Court Record)
- Author(s):Georgi Ganchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:141-154
- No. of Pages:14
- Keywords:court record
- Summary/Abstract:The present work provides a brief analysis on the notin, meaning and content of the court protocol as a mandatory document both in open and closed court sessions. The problem of its issuance, its evidentiary weight and its use as a “start of written evidence” are considered.
Относно същността на погасителната давност
Относно същността на погасителната давност
(Concerning the Essence of the Limitation Period)
- Author(s):Lyuba Panayotova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:155-168
- No. of Pages:14
- Keywords:limitation period; methods for repayment of obligations
- Summary/Abstract:This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.
За кумулирането на мораторната лихва и неустойка за забава на парично задължение
За кумулирането на мораторната лихва и неустойка за забава на парично задължение
(Accumulation of Moratory Interest and Late Payment Penalty)
- Author(s):Krasimir Mitev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Court case
- Page Range:169-180
- No. of Pages:12
- Keywords:moratorium interest; late payment penalty
- Summary/Abstract:The issue of the moratorium interest and late payment penalty was discussed througout the practice of Supreme (Cassation) Court of Republic of Bulgaria and those of the Arbitration Court at the Chamber of Commerce and Industry. The concept of “accumulation” is being clarified. The author draws attention to the “non bis in idem” principle.
Новите понятия в Закона за търговските марки и географските означения
Новите понятия в Закона за търговските марки и географските означения
(The New Notions in the Trademarks and Geographical Indications Act)
- Author(s):Diman Dimov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:181-198
- No. of Pages:18
- Keywords:Trademark and Geografical Indications Act; EC law
- Summary/Abstract:The article examines some of the new concepts in the Bulgarian Trademark and Geografical Indications Act (TGIA) from the perspective of EC law. The targets and structure of the First Directive of the Council of EC of December 21, 1988 for the convergence of the legislation of the member countries regarding trademarks, the Regulation of the Council on the Community Trademark, as well as the practice of ECJ are commented on. It is concluded that with the entry into force of the new TGIA, the international standards for the protection of industrial property will be adopted in the Bulgarian trademark law.
Кого закриля предварителната закрила при уволнение по чл. 333 от Кодекса на труда?
Кого закриля предварителната закрила при уволнение по чл. 333 от Кодекса на труда?
(Who is Protected by Preliminary Protection in Case of Dismissal Under Article 333 of Labour Code?)
- Author(s):Teodora Filipova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:199-216
- No. of Pages:18
- Keywords:labour law; protective function; preliminary protection
- Summary/Abstract:At the beginning of this scientific work, the main functions of labour law – protective and economic, are presented. The subject of the study is the analysis of the legal framework of preliminary protection in case of dismissal, as one of the institutes of labour law. The issue of preliminary protection in the event of dismissal is applicable only to the comprehensively listed grounds for termination of employment relationships, arising on the basis of an employment contract or competition, is touched upon.
Правен режим на гарантирането на влогове в търговските банки
Правен режим на гарантирането на влогове в търговските банки
(Legal Regime of Deposit Guarantee in Commercial Banks)
- Author(s):Kostadin Shkretov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:217-226
- No. of Pages:10
- Keywords:Deposits Guarantee in Bank Act; protection of deposits
- Summary/Abstract:The present work examines the legal regime for the protection of deposits in the EU and the current legislation in Republic of Bulgaria. Special attention is paid to the Deposits Guarantee in Banks Act. The author says that it is necessary to conclude that the regulatory framework of this matter in our country is build on the principles in this area, which are the basis of acts of the EU and the countries with a developed banking system.
Определяне на наказанието при условията на член 27 от Наказателния кодекс
Определяне на наказанието при условията на член 27 от Наказателния кодекс
(Determination of the Punishment Under the Terms of Article 27 of the Criminal Code)
- Author(s):Daniela Miteva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:227-236
- No. of Pages:10
- Keywords:recidivism; punishment; Criminal Code
- Summary/Abstract:The paper examines Section IV of the Criminal Code of Republic of Bulgaria (CC) and in particular – some issues related to general recidivism, regulated by Art. 27 ot the CC. The concept of “recidivist” and its varieties are explored. Attention is also paid to the punishment “imprisonment” in the context if dangerous recidivism.
По някои въпроси, свързани с производството по член 409 и следващите от Наказателно-процесуалния кодекс
По някои въпроси, свързани с производството по член 409 и следващите от Наказателно-процесуалния кодекс
(Certain Matters Relating to the Proceeding Under Article 409 and the Following Articles from the Criminal Procedure Code)
- Author(s):Aneta Petrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:237-256
- No. of Pages:20
- Keywords:art. 409 from Criminal Procedure Code
- Summary/Abstract:This work examines art. 409 and the following articles from the Criminal Procedure Code. There is no practice of Supreme Cassation Court clarifying some practical questions. Emphasis is placed on the inclusion in the process of certain investigative actions, such as the question of accused person. Attention is drawn to the title of Section Three of Chapter Twenty of the Code.
За историята на римското право и неговата връзка с каноническото право
За историята на римското право и неговата връзка с каноническото право
(On the History of Roman Law and Its Relation to the Canon Law)
- Author(s):Diliyan Nikolchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law, Roman law
- Page Range:257-276
- No. of Pages:20
- Keywords:Roman law; history of law; Canon law
- Summary/Abstract:The beginnig of the present work emphasizes the history of Roman Law and Canon Law in their interrelationship. Attention is paid to the direction of development of Roman Law in Byzantium, as well as to the beginning and development of the Canon Law in the Byzantium legal system. The issue is also affected by the development of jurisprudence, as well as the emergence of new canonical collections.
