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For decades, under the influence of classical doctrine, it has been misunderstood in practice that contracts, entered into by a person, who did not understand or could not direct their actions, but was not formally placed under interdiction, are always annullable. Recently, several adjudications of the Supreme Court of Cassation aimed towards an alteration of the latter, which led to the initiation of an Interpretative case №5/2020 of General Civil and Commercial Chambers on the issue of the ratio between the nullity of transaction due to lack of consent and the nullification due to misunderstanding of actions. This paper attempts to substantiate that the contract, concluded by an able-bodied person, who at the time of its conclusion was in a state of permanent inability to understand or direct their actions, is null and void due to lack of consent (Art. 26, para. 2 Law of Obligations). Thus, it will be annullable under Art. 31 Law of Obligations, solely when this incapacity is temporary and transient.
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The nowadays Bulgarian legal world has created an unique phenomenon, the domain of which is on the boundary between public and private law. This is usually an act of the Council of Ministers, but its scope is entirely private, artificially combining civil, commercial, financial and European law. The purpose of the decree in its new performance is to cover up the abuse of power by elected persons and civil servants and violation of the public interest. The hybrid nature of the decree creates ambiguity and impedes the immediate reaction to the realization of the responsibility of its authors and the imposition of penalties.
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The aim of the paper is to raise a discussion about the restoration of the claim for contradiction with public order/public policy as a part of the subject-matter of the proceeding for set ting-aside of domestic arbitral awards. The analysis is based on the private law nature of the award an on its capacity of act, which is foreign to the national court-of-law system of the state where the arbitration is domesticated.
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Oceans and waterways are established engines forthe global and European economies, respectively, because they havegreat potential to ensure sustainability and growth. In addition to thetraditional maritime sectors, it is important to create the conditionsfor promoting sustainable career opportunities in the blue economy,such as coastal tourism, aquaculture, ocean energy and marine biotechnology.
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The article reveals some of the peculiarities inthe definition of cryptocurrencies in the European and Bulgarianlegislation, as well as the licensing requirements for the companiesoperating with cryptocurrencies.
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Taking into account the fact that freedom of establishment is a cornerstone of the internal market, and companies are the main participants in it, whose activities often extend beyond national borders, it is understandable why the term „company“, used in Art. 54 of the TFEU, needs theoretical consideration. The question whether or not there is a company is a preliminary regarding the access to the proclaimed in Art. 49 of the TFEU rights. The article focuses on the specifics of the term „company“ in the context of Art. 54 of the TFEU.
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In the present scientific article are discussed the consequences of opening of preventive restructuring proceedings of a merchant – namely discussed are the judiciary act, issued by the court and what are its aims and legal consequences, the legal consequences regarding the merchant, the creditors and third persons,and lastly the consequences regarding the limitation periods.
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This study is devoted to the possibility of the dispute in the special claim proceedings on collective claims to be settled voluntarily through an agreement. The issue is considered in historical and comparative aspect, as the main problems and the solutions offered are traced. Based on the review, the rule of art. 384 CPC is also analyzed and conclusions concerning its nature are made.
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The report examines the preconditions for postponing the repossession; the persons in respect of whom the repossession may be postponed; the actions taken by the privet enforce mentagent in postponing the repossession; the possibility of postponing the repossession in other proceedings is considered; a comparison is made with French law.
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Financing of legal aid in Bulgaria. Analysis of the status and official data in Bulgaria. International and European Standards on Legal Aid. EU law regarding the efficiency of legal aid with the aim of ensuring real access to justice. Current legal issues illuminated by the analysis and de lege ferenda proposals.
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On 23 September, the European Commission (EC) presented the long-awaited Pact on Migration and Asylum. Considering the mixed nature of migration to Europe, the Commission proposed a new solidarity mechanism. As an alternative to relocation, it allows Member States to pay for returns of people who do not have a right to asylum. The extraordinary mechanism, providing for the relocation of people who were not successfully returned, will most likely spur controversy.
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French President Emmanuel Macron’s visits to Lithuania and Latvia (28-30 September) took place during the protests in Belarus, which followed the rigged presidential elections there, and in a time of tensions between the EU and Russia after an attempt to poison Russian opposition leader Alexei Navalny. The visits served mainly to promote the French vision of the EU and its security initiatives, but also confirmed France’s commitment to pro-democratic changes in Belarus.
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On 7 October, the president of the Polish competition watchdog, UOKiK, imposed a penalty of more than PLN 29 billion (€6.4 billion) on Gazprom and more than PLN 234 million (€52 million) in total on five European companies participating in the construction and financing of the Nord Stream 2 (NS2) gas pipeline. The reason cited is that the companies made agreements to finance and build NS2 without UOKiK approval as required by law. The watchdog also required the firms to terminate the financing agreements. The companies will most likely appeal the decision, and Gazprom together with Russian authorities (who control the company) will claim that UOKiK’s action is politically motivated. Despite such allegations, the penalty is the effect of non-transparent activities related to NS2, an issue that has been red-flagged by Poland for years.
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The more-confrontational-than-expected tone of the European Council (EUCO) conclusions in respect of the negotiations on EU-UK relations after Brexit and the subsequent exchange of statements by both sides (15-18 October) resulted in the talks being stopped at their last stage. Despite the progress noted by negotiators in recent weeks, the scenario of a “no deal” on trade - risky for both sides - may come true because of the ongoing dispute over EU fishing rights in British waters.
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The fifth summit of the Three Seas Initiative (TSI) was held on 19 October amid the ongoing pandemic and growing risk of a further economic slowdown. A remedy for the crisis in Central and Eastern Europe may include the Estonian Smart Connectivity concept. The implementation of projects in the region will be supported by the U.S. - which confirmed its participation in the Three Seas Fund - in proportion to the contribution of other members.
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The left-wing Movement for Socialism (MAS) will take power in Bolivia after a year’s break, based on preliminary results in the parliamentary and presidential elections held on 18 October. MAS is the party of ex-president Evo Morales, who remains in Argentina in asylum. Luis Alberto Arce will be the new president and his government will need to calm the tense internal situation down and tackle the COVID-19 pandemic. The EU’s active support for the peaceful electoral process in Bolivia strengthens the Union’s position as a leading promoter of democracy in Latin America.
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