Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 5 (2023)
Scientific Works - University of Plovdiv "Paisii Hilendarski". Book 7. Social Sciences: Law, volume 5 (2023)
Contributor(s): Angel Shopov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Labour and Social Security Law
ISSN: 0861-3184
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: civil law; labour law; criminal law; criminal procedure; environmental law
Summary/Abstract: This issue contains legal studies of colleagues from the academic staff and PhD students of our Law Faculty. The volume marks many anniversaries that occurred in 2023 and are significant in the field of law and the academic community. Among them are the 160th anniversary of the birth of the writer and jurist Aleko Konstantinov, and the 150th anniversary of the birth of the law professor Yosif Fadenhecht. There are also a number of anniversaries of important legal acts - 130 years since the entry into force of the first Bulgarian Law on Obligations and Contracts; 90 years since the promulgation of the Law on Legal Entities; 75 years since the adoption of the Universal Declaration of Human Rights of the United Nations; 50 years since the promulgation of the Law on Normative Acts. Last but not least, 30 years since the promulgation of the main laws on intellectual property still in force today - the Law on Copyright and Related Rights and the Law on Patents and Utility Models Registration.
- Page Count: 239
- Publication Year: 2024
- Language: Bulgarian
Мястото на българската православна църква – българска патриаршия като субект на правото сред юридическите лица
Мястото на българската православна църква – българска патриаршия като субект на правото сред юридическите лица
(The place of the Bulgarian orthodox church – Bulgarian patriarchate as a legal subject among legal entities)
- Author(s):Mariya Kyoseva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law
- Page Range:13-44
- No. of Pages:32
- Keywords:Bulgarian Orthodox Church; legal entity under the law; religious belief
- Summary/Abstract:This study provides a comparative analysis of the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC-BP) and other legal entities – religious denominations, non-profit legal entities, commercial companies, based on which generalizations are made about the similarities and differences of the BOC-BP as a unique public entity from the other legal entities. This implies an analysis of the characteristics and classifications of legalentities depending on various criteria, in order to outline in this context thespecific features of the BOC-BP as a legal entity recognized by law. Emphasis is placed on the distinction between the creation and recognition of a legalentity ex lege, as well as on the existence of religious belief, which makesreligious denominations a special category of legal entities. It is concludedthat BOC-BP differs both from the state and from other legal entities, which gives reason to define it as a special legal entity of private law with deviations from the corporate nature of classic legal entities.
Правно-исторически анализ на еквивалентността на престациите при възмездните договори
Правно-исторически анализ на еквивалентността на престациите при възмездните договори
(Legal and historical analysis of equivalence between duties in onerous contracts)
- Author(s):Teodor Peshterski
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law
- Page Range:45-76
- No. of Pages:32
- Keywords:justice; fair price; equality; market; exchange; laesio enormis
- Summary/Abstract:Upon rediscovering the Corpus iuris civilis by the Bolognese glossators at the beginning of the twelfth century, the process of the actual development of the institution of gross disparity, named by them as laesio enormis, is taking place. The civil jurists establish laesio enormis as a practical remedy applicable to almost all onerous contracts, as well as the method of determining the ‘fair’ price. At the same time, canonists and theologians of the Middle Ages are trying to build their own theory, answering the questions – why the remedy should be provided and what is the concept of ‘fair price’. An essential role in this process is played by the negative attitude of the Church towards merchants, usury and, in particular, the sale of goods at a price higher than their value. As a result, the principle of equality in exchange has had its leading role in the contractual relationship for more than five centuries (up until the 17th century).
Трудова миграция и трудова мобилност. особени правила при наемане на чуждестранни работници в България
Трудова миграция и трудова мобилност. особени правила при наемане на чуждестранни работници в България
(Вabour migration and labour mobility. special rules for the employment of foreign workers in Фulgaria)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:79-128
- No. of Pages:50
- Keywords:labour migration; third-country national; Single permit; European Union Blue Card; labour mobility
- Summary/Abstract:The paper mainly deals with the legal framework of labour migration within the meaning of the Labour Migration and Labour Mobility Act. It first clarifies the meaning and substance of the new legal term for the Bulgarian labour law, ‘labour migration’. The special rules for hiring third-country national workers in Bulgaria in relation to the main types of access permits to the Bulgarian labour market have been examined.
Исторически преглед на наказателноправния режим на непълнолетните
Исторически преглед на наказателноправния режим на непълнолетните
(Historical overview of the criminal law regime of minors)
- Author(s):Krasimira Ipokratova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law
- Page Range:129-164
- No. of Pages:36
- Keywords:criminal law regime; minors; age restrictions; Bulgarian state and law (681 – 1989); historical sources
- Summary/Abstract:The article examines the criminal law regime of minors for the period from the establishment of the Bulgarian state in 681 to 1989. For this purpose, the paper is divided into seven historical periods of the Bulgarian state and law, in which the establishment and development of the special criminal law regime of minors is studied. An attempt has been made to examine all known legal monuments and laws from the respective eras related to this legal institution of criminal law.
Съдебният контрол върху действията по разследване, извършени в условията на неотложност
Съдебният контрол върху действията по разследване, извършени в условията на неотложност
(Judicial control over investigative actions carried out under conditions of urgency)
- Author(s):Hristo Kutiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
- Page Range:167-187
- No. of Pages:21
- Keywords:urgency; judicial control; investigative actions; search; seizure; perquisition; undercover officer; inspection of a person
- Summary/Abstract:The study covers some issues related to the possibility, provided for in the Criminal Procedure Code, that some of the investigative actions may be carried out in urgent situations, without prior permission of the court. The specifics of the subsequent approval of the protocols of the actions by the court, as a supervising body, are also considered. The case law of the European Court of Human Rights and that of the national courts is analyzed, and the paper proposes general criteria and prerequisites, according to which certain conditions should be defined as urgent.
Правна защита на водите в република България
Правна защита на водите в република България
(Legal protection of waters in the Republic of Rulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:191-239
- No. of Pages:49
- Keywords:waters; legal protection; Republic of Bulgaria
- Summary/Abstract:This scientific study is dedicated to the legal regime of the protection of waters under existing Bulgarian legislation. The attention is paid to the legal measures both under special water legislation and under legislation in some other branches relevant to the area under consideration. Finally, some general conclusions are made from the legal regulation in consideration.
