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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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Judicial protection of civil rights should be carriedout in a timely manner, because only in this way it will be good anduseful. The function of the civil process is to counteract the illegaldevelopment of civil legal relations in order to protect the materialsubjective rights. Exactly this counteraction should be carried outquickly enough, because otherwise it becomes pointless.
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The report examines the contradictions in the caselaw regarding the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder. The lack ofexplicit legislative provisions for such a possibility is indicated asthe main weakness of the existing legal framework. In the courseof the study, a distinction was made between warranty liability andspecific liability under Art. 163, para. 3 of the Territorial PlanningAct. In conclusion, de lege ferenda proposal is made for an explicitprovision about the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder.
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With TR № 85 of 02.12.1968, the Supreme Court,OSGK, the rights of the improver are differentiated according to itslegal quality – possessor, holder, co-owner and person who is not ina contractual relationship with the owner, who is neither holder, norpossessor. For these subjects irrespective of person imposing tolerableactions, at the moment we do not have а legal term. Conditionally, wecan define this category of persons as wrongful users.
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In 2020, the world faced a new global pandemic– the SARS-COV-2 virus, which causes COVID-19 disease. It ischaracterized by changing the lives of millions of people around theworld, directly affecting all sectors of the economy and limiting opportunitiesfor paid work. This has raised many questions about bothlabor and social security law. The present study focuses on some employmentand social security rights that arise from COVID-19 disease.On the one hand, the illness may appear as a legal, law changingor terminating legal fact for the employment relationship, and onthe other hand - it represents an social risk, reg ulated by the socialsecurity law. With the occurrence of the disease for a specific person,the social security relationship transforms from latent to activeform, because an social security case arises, which is the reason forthe payment of benefits from the social security funds in the form ofbenefits, allowances or supplements.
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The report concerns cases in which consumer creditcontract’ clauses have the purpose or result in a circumvention ofthe requirements of the Consumer Credit Act. A restrain of the circumventionof the law as a ground for nullity of the contract underArticle 21, Para 1 from the Consumer Credit Act than the providedin Article 26, Para 1, Proposal 2 from the Obligations and ContractsAct is made. Different cases of the circumvention of the requirementsof the Consumer Credit Act are examined in the aspect of the actualcourt practice, a proposal for a refinement of the Bulgarian legislationis made.
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The current report is focused on the study of the question whether the unilateral assumption of a civil obligation was recognized by the private law of Ancient Rome. Contracts and unilateral legal statements, which have common elements with the unilateral assumption of a civil obligation, and therefore can be mistaken with it, are analyzed. The closest unilateral statement to the above mentioned has been outlined.
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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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