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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The report examines the Bulgarian jurisprudence before the regulation of the administrative contract in the Administratice Procedure Act and after it. A brief overview of EU jurisprudence is also given.
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This article raises questions about the necessary amendments in APA. The advantages of both the delivery of documents electronically and the unloading of the work of the Administrative Supreme Court, which can focus more on unifying the practice of the courts, are highlighted. A solution is also given to the issue of administrative criminal liability.
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This article is dedicated to one of the current problems of environmental law in the Republic of Bulgaria. Attention is drawn to the specifics and methods of compensation for environmental damage under Bulgarian law. Some problems of criminal responsibility for environmental damage are also considered.
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This study examines the capital of Bulgaria – Sofia as a state symbol and a brief legal-historical analysis is made. Attention is directed to the capital as an administrative-territorial center of the Capital Municipality and of the Sofia-city district.
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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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