Приложимост на Павловия иск към учредителния апорт
The article examines if actio Pauliana is applicable in the case of constituent contribution in company’s capital causing damage to the creditors.
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The article examines if actio Pauliana is applicable in the case of constituent contribution in company’s capital causing damage to the creditors.
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The author presents the legal nature of different security agreements – surety agreement, debt entering agreement, del credere agreement and mortgage.
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The article deals with the general theoretical issues of legal gaps and how these issues are discussed in the practice of the Constitutional court of the Republic of Bulgaria and the leading importance of the ideas of positivism in the court’s adopted starting positions and conclusions. It is noted the difference in the approach of the Constitutional court to the matter of the legal gaps in the context of its power to interpret the Constitution and its power to declare the unconstitutionality of laws.
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Market security requires special provisions about entry into the Commercial register concerning merchants. These provisions encompass limited listed facts subject to entry. By reason of that if the fact is not subject to entry such entry is null. The main goal of the legislation is to protect the public interest by gaining genuine information about the merchants and their activity. The entry of facts in the Commercial register addresses the third parties acting in good faith. Even the Supreme Court of Cassation has interpreted the relevant provisions in a decision № 1/2002, they still are unclear. That’s why the subject matter of the report is the application of art. 140, para. 1 and 3 and art. 230, par. 3 of the Commercial Law (CL) concerning the entries in the Commercial register relating to the joint stock company and limited liability company. By practical reasons the report predominant deals with the application of art. 140, para. 1 and 3 CL. It is discussed whether the subject matter of the entry can be the General Assembly decisions and what is the meaning of "entry into force" according to the above-mentioned provision.
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The report deals with some issues regarding the scope of application of the provision of Art. 301 of the Commercial Law (CL) and the rule character as well. According to that provision the acts of an unauthorized agent performed on behalf of a merchant seems to be affirmed tacitly. The author argues that the provision of Art. 301 of the CL establishes irrebuttable presumption. The main thesis is for application the same rule to non-commercial transaction as the acts are performed by unauthorized agent on behalf of a merchant. The author criticizes the narrow interpretation by jurisprudence of that provision bringing argumentation in the opposite. He argues the scope of application of Art. 301 of the CL also regarding an arbitration agreement or a clause included in a commercial contract.
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The regulation in the current Civil Procedure Code (CPC) of the introduced with the provisions of Art. 238 to Art. 240 of it, the institution of judgment by default presents a challenge for theory and practice. The subject of this research is the admissibility of one of the types of atypical decisionintroduced by the current CPC - the decision in absentia, in case of procedural inaction of one of the ordinary co-defendants. The author analyzes the legal framework and the existing case law, making suggestions de lege ferenda on the subject.
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Тhe present report traces the development and trends of the concept of property. Recently, European law has also become extremely important for our country, especially after our country's accession to the EU in 2007. In matters of property, European law, especially in the form of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Additional Protocol No. 1 to it and the jurisprudence of the court in Strasbourg, turns out to have a decisive influence on the developed concept of property. In the following report, an answer will be sought to the question regarding the concept of property by reviewing through the understanding of Roman private law, then the property will be examined as a problem during the bourgeois development in Europe and finally the current state with the presence of the legal system of United Europe and Bulgaria as a part of this system.
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The paper gives a brief overview of the legal amendments in the field of executive power, carried out in the years of transition in Bulgaria. These amendments are in the Constitution of the People’s Republic of Bulgaria from 1971, adoption of the current constitution and several legal acts, creating new state bodies – the Bulgarian National Bank, Commission for the Protection of Competition and many others, which still exist nowadays and constitute the institutional fundament of governance.
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This development makes a partial legal analysis of the European and Bulgarian legislation relating to the topic. Recommendations are drawn for achieving a high level of democratization in terms of local self-government and the opportunities for citizens to participate in it.
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This report analyzes some problematic moments in the legal framework of local referenda in our country according to the Direct Participation of Citizens and Local Government Act. The author makes proposals de lege ferenda to improve the legal framework in order to ensure the actual participation of the population in decision-making process at local level.
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This article is devoted to theoretically and practically issue related to the VAT tax credit and the right to deduct it, without claiming to be comprehensive. It is focused on the delivery as one of the conditions for its occurrence, and in this aspect the practice of the Supreme Administrative Court is subjected to a critical analysis in the context of the decisions of ECJ on preliminary rulings in tax cases.
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At the beginning of the present scientific work, a comparative overview of the system of constitutional control is made. The actual part of the presentation examines the Bulgarian model of constitutional control over the referendum.
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The subject of this scientific report are some basis issues related to the possibility of challenging the decisions, actions and inactions of the public procurement authorities, with special attention being paid to the subjects with the right to challenge and the legal consequences of their complaints.
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In this research the term “citizens’ organization” is considered, as its legal expression was acquired in the Administrative Procedure Act. Emphasis is placed on the purpose of the definition of a public organization, which is particularly evident in the issuance and contestation of GAA and NAA.
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Issues related to access to personal medical information are subject of hightened legal and public debate. It is indisputable that the topic is actual and poses a number of questions that were attempted to be answered through the health reform that lasted more than a decade.
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Economic rights should be considered in the sense of a concept of human rights. The introduction of certain mechanism and rules for financing the health system, including direct payment by the patient, puts in the focus of public attention and the legal system the question of guaranteeing the economic right of the patient.
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In cases expressly defined in the Constitution, the president exercises powers that legitimize him in a different way in the system of authorities. In the present article, the interest is whether “the logic” of this constitutional proportionality in the exercise of presidential powers is purely juridicial and constant, and whether it evolves practice.
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Undoubtedly, e-governance, e-government and e-services are best developed in politically and economically more advanced EU countries. Regardless of the fact that Republic of Bulgaria is not among them, the government should direct its efforts to achieving greater progress in the process of introducing e-government in our country with a view to achieving established European standarts.
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Informed consent is a process by which a treating healthcare professional discloses relevant information to a patient so that the patient can make a voluntary choice to accept or refuse treatment. This comparative legal analysis will cover three European countries where informed consent is regulated in detail and where experience and knowledge can be drawn.
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The development touches one of the possible problems relating to conflicts between the courts concerning unconstitutionality of the law applicable to a particular legal case. It is pointed out that the Constitution of Bulgaria is equal to any other normative act in terms of its application, and therefore reference to it in a dispute in the field of civil, criminal, administrative or any other branch of law does not require a special procedural order for its resolution.
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