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Agricultural land is a fundamental national resource, which enjoys the special protection of the Constitution of the Republic of Bulgaria. This paper explores the acquisition of agricultural land by foreigners and foreign legal entities. It also examines the prohibitions, limitations and some practical application of this statutory regime.
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Succession is a main principle. It is important, especially in the area of economics and law. The joint implemented interaction was intended since the establishing of the University of Economics – Varna in 1920. During these years economic departments indeed were managed by jurists. The law has important place in the structure of the University and this reason lead to the establishing of the independent Law faculty, closed because of legislative and subjective reasons.
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The article treats succession in the event of death of a litigant in the course of a lawsuit. In which case the successors can continue the lawsuit, does continuing the trial depend on the type of claim. It dwells on the problems conserning the legal interest from the claim. The presence or absence of dependancy between succession under the procedure law and inheritance under material law stipulated in the inheritance law. Practice from the supreme court of cassation is quoted.
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SCIENTIFIC LIFE / The Scientific Seminar "Current Legal Issues"
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The scope of the report is European standards concerning application between European Union members to the principle for mutual admission of the acts for implying measures for procedural compulsion as an alternative of preliminary arrest.
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In the article is considered the termination of the marriage with unilateral will statement as it is regulated in the Classical Roman law. As a result of the recent modifications of the field of the divorce according to the Swiss civil law, the author confirms that it is approaching too much the Roman law. In the paper it is made a comparison between the divorce, based on the mutual will of the spouses (divorce strictu sensu) and the divorce by the unilateral will of some of them thus along the Roman law regulation is presented and a view of the development of the divorce in the Swiss law. With this comparative analysis the author reasonably poses the question whether the Swiss law will not admit soon a possibility for unilateral termination of the marriage amongst the conditions for the divorce.
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The purpose of conducting court proceedings in general, as well as those involving an international element, is the enforcement of a final court decision. The enforceability of a court decision is a source of legal certainty, both nationally and internationally. In light of the reform of the Serbian Act on the Resolution of Conflict of Laws with Regulations of Other Counties (which entered into force in 1982), and for the purpose of creating a modern Private International Law codification, the Republic of Serbia established a working group, which drafted the Draft PIL Code (presented in 2014). The Draft PIL Code offered a series of solutions concerning the recognition and enforcement of a foreign court decisions, including more precisely defined conditions for the recognition of foreign decisions, clarification on the type of procedure, more precise definition of the recognition and enforcement procedure, and the procedure for declaring a foreign judicial decision enforceable.
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The possibility for the court in charge for carrying out the enforcement proceedings decides on recognition of the foreign enforceable judgment as a preliminary issue is an important novelty in Serbian law. Although the similar option was provided for in the Statute on Private International Law (Art. 105(5)), from various reasons it was scarcely used in practice. By analyzing the Statute on Private International Law's provisions pertaining to the regular recognition proceedings and the new solutions adopted by the Statute of Enforcement Proceedings the author aims at pointing out the differences with respect to these proceedings as well as the advantages of application of the Statute of Enforcement Proceedings' provision. Likewise, by presenting the judicature research results, tries to determine the incidence of the practical application of this provision, since at the time of Statute of Enforcement Proceedings' enactment it was projected that this form of recognition would be most commonly used.
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The suggested article reviews the issues related to the summons and official messages within the administrative proceedings - firstly, in the Administrative Procedure Code, then in the Administrative Violations and Sanctions Act and last, but not least - in the more special egislative acts. The article criticizes particular solutions to the issues in the acts and suggests possible improvements to them.
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Bernd Rüthers, Allgemeiner Teil des BGV (zehnte, neubearbeitete Auflage, Verlag C.H.Beck, München, 1997, XVIII+329). Reviewed by Jakov Radišić; Festschrift für Erwin Deutsch. Zum 70. Geburtstag (Carl Heymanns Verlag KG, Köln, Berlin, München, 1999, XII+1029). Reviewed by Jakov Radišić; Hernando de Soto, The Mystery of Capital Why Capitalism Triumphs in the West and Fails Everywhere Else (Bantam Press 2000) Reviewed by Nebojša Katić; Владимир Бргуљан, Извори споменичког права у Југославији (Издање,,Службеног гласника Србије‘‘, Београд 2000, 585. стр). Revieved by Slavoljub B. Popović; Радивој Степанов, Гордана Вукадиновић, Правна мисао 20. века (,,Футура‘‘, Петроварадин, 172 стр). Reviewed by Zoran Jelić; Снежана Миладиновић, Легат кроз правну науку и законодавство, (Задужбина Андрејевић, Београд 2000, 116 стр). Reviewed by Dejan B. Đurđević; Боривоје М. Шундерић, Право међународне организације (,,Правни факултет Универзитета у Београду‘‘, Београд 2001, 592. стр). Reviewed by Senad Jašarević; Peter Mosny, Ruthenia as the Part of the Legal Resolution of Minority Issue in Czechoslovakia (Uzhgorod National University Institute of Public Administration and Regional development, Uzhgorod, 2001, 238. str). Reviewed by Ivana Krstić; Адвокатура у Србији до 1990. године. Reviewed by Željko Fajfrić; Група аутора, Историја југословенске адвокатуре књига ИИ. Reviewed by Živojin D. Šestić.
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Klaus Müller, Sachenrecht (4. neubearbeitete Auflage, Carl Heymanns Verlag KG, Köln, Berlin, Bonn, München, 1997, LV + 1087). Reviewed by Јаков Радишић; Manfred Wolf, Sachenrecht (14, ergänzte und überarbeitete Auflage, C.H.Beck'sche Verlagsbuchhandlung, München, 1997, XIX + 435). Reviewed by Јаков Радишић; Александра Јовановић, Увод у економску анализу права (Правни факултет Универзитета у Београду, 1998). Reviewed by Жељко Шевић; Лазар Марковић, Облигационо право (Новинско-издавачка установа,,Службени лист СРЈ‘‘, Београд, 1997). Reviewed by Горан Георгијевић; Др Зоран Рашовић, Стварно право (Подгорица, 2002). Reviewed by Горан Георгијевић; Jesse Dukeminier, Stanley M. Johanson, Wills, Trusts and Estates (Sixth Edition, Aspen Law and Business, New York, 2000, XLV + 1111). Reviewed by Марија Караникић.
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The article offers an overview of the few cases reviewed by the Commission of Protection of Competition during the first year of application of the prohibition on the abuse of superior bargaining position in Article 37a of the Protection of Competition Act. Furthermore, the application of the accompanying prohibitions of the same type in the special laws, such as the Food Act are also anlyzed and discussed.
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This article refers to a study on the application of EC Law by Austria's Highest Judiciary carried out at the Research Unit for institutional Change and European Integration of the Austrian Academy of Sciences. The findings are based on a brought empirical research on decisions of the Austrian Supreme Court, the Administrative Court and the Constitutional Court dealing with Community Law (i.e. Primary and Secondary legislation as well as the international agreements of the EC and its Member States) since Austria's entry into the EU. Community Law provides rights to the individual and it is the task of the authorities of the Member States to guarantee these rights. Therefore the State may be held liable even for the failure in complying with Community Law by the Judiciary. In order to find out the true meaning of EC Law courts against whose decisions there is no judicial remedy have to ask the European Court of Justice (ECJ) for a Preliminary Ruling as it comes to the interpretation of EC Law (art. 234 EC Treaty). This co-operation between national courts and the ECJ entails a couple of challenging tasks for the national judge such as: * The interplay of national and international law is complemented by the supranational legal order of the European Communities which affects the (national) hierarchy of norms. * Sticking on to the positivism of norms is no longer possible. * The case law of the ECJ has to be taken into consideration. * The dynamism of EC Law requires a continuous work on Community Law and in particular with European jurisprudence. * The finding of legal sources has become more difficult (sometimes there are no consolidated versions of directives etc.) and time-consuming.
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The authors of the paper ‘weight’ advantages and threat to privacy caused by the usage of unmanned aerial vehicles (drones) and dashboard cameras. By analysing and comparing legal regulation of two gerographically, historically and culturally close countries (Latvia and Lithuania) they indicate differences of regulation of privacy, problematic aspects of their current national regulation on the usage of technologies in-topic and privacy protection and suggest possible solutions to the legal shortcomings found
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