CENOWE POROZUMIENIA OGRANICZAJĄCE KONKURENCJĘ. RÓŻNORODNOŚĆ ORZECZEŃ. CASE STUDIES: KARTEL CEMENTOWY, KARTEL DROŻDŻOWY VERSUS SPRAWA SFINKS

Author(s): Monika Bychowska / Language(s): Polish Issue: 4/2022

Forbidden price agreements are one of the most serious violations of competition law. However, even such agreements are subject to relativization in terms of their market effects. Those price agreements, which are evidently easier to detect, at the same time less degrade the relevant market. The task of each competition protection authority is to effectively enforce competition law, which means that it is obliged to deal with the most important cases that may - in the absence of the authority’s intervention - lead to irreversible effects on competition.

ZABEZPIECZENIE INTERESÓW FIRMY W UMOWACH HANDLOWYCH Z KONTRAHENTAMI W CZASIE KRYZYSU

Author(s): Sławomir Obszyński,Natalia Korab,Sławomir Żurawski / Language(s): Polish Issue: 1/2023

The cornerstone of any company’s operation is ensuring its security. One of the most important tasks is to maintain financial security. The main purpose of the article was to indicate the differences in the level of financial security with counterparties with the introduction of appropriate provisions in contracts in this area and with the absence of such provisions and disorderly operation of the company in this area. In the first part, the authors describe the basics of the contract with counterparties. Then they characterize the basic contractual clauses, pointing out their important role in international contracts. The main part presents clauses protecting the company’s interests in commercial contracts with counterparties in times of heightened risk. In conclusion, it was noted that the absence of force majeure provisions in commercial contracts can have serious consequences for both parties. The main research problem was formulated: How should a company secure its finances in contracts when executing long-term contracts, during a crisis? What risks are incurred when such safeguards are not applied? The following hypothesis was adopted: the contract entered into should reflect the assumptions of both parties as best as possible and provide for solutions to most potentially contentious issues. Failure to include safeguard clauses in the contract can bring serious consequences for the future of both contracting parties. Verifi cation of the above hypothesis and obtaining answers to the above questions required the use of qualitative methods including critical analysis of legal acts, documents and selected items of literature on the subject.

St. Isidore of Seville on the role and importance of witnesses

Author(s): Karol Adamczewski / Language(s): English Issue: 49 (3)/2024

The aim of this article is to present the incredible character of St. Isidore of Seville and his teachings, especially in the context of the subject matter of witnesses in a trial, especially in its juridical and theological meaning. He was regarded as one of the most important scholars of Late Antiquity and the beginnings of Early Middle Ages. In his tireless scholarly and pastoral mission, referring to ancient cultural and scholarly tradition, he propagated the need for constant development of one’s knowledge and reason. He believed that human ignorance is the cause of many earthly and eternal misfortunes. In his treaties, addressed to legislators and rulers, he reminded them about the role of witnesses in a trial and the need to observe the ancient two-witness rule and consistent testimony as a guarantee of justice and truth.

Preliminary comments on the genesis of the concept of natural law in the approach taken by St. Isidore of Seville

Author(s): Bartosz Zalewski / Language(s): English Issue: 49 (3)/2024

The aim of this study is to discuss information on the origins of natural law (ius naturale) in Etymologiae (Etymologiarum sive Originarum libri XX) written by St. Isidore of Seville (d. 636). Such a choice of the subject matter seems reasonable mainly because research on Christian concepts of natural law as a rule places the study of St. Thomas Aquinas’s natural law theory as its focal point. Previous Christian concepts are only briefly touched upon. Meanwhile, they have immense historical significance that have determined the entire Christian reflection on the idea of natural law since as early as the 13th century. The research allows a conclusion that the definition of natural law constructed by St. Isidore of Seville, along with the examples presented in his Etymologiae, is an exceptional creation that has no clear archetype in juridical and non–juridical sources. It quite clearly presents elements taken from Ulpian. However, the very essence of natural law as a normative system, that connects all people (not people and animals) due to their “natural instinct” (instinctus naturae) and that is independent of the will of the positive legislator, remains under a marked influence of the Christian thought.

Postanowienie Sądu Okręgowego w Szczecinie z dnia 15 marca 2023 r. (III K 63/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Postanowienie Sądu Apelacyjnego w Szczecinie II Wydział Karny z dnia 18 kwietnia 2023 r. (II AKz 213/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 14 czerwca 2023 r. (I SA/Sz 134/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Gruzińskie elity wobec stanowiska RFN w stosunku do Gruzji z 2023 roku

Author(s): Jan Brodowski / Language(s): Polish Issue: 40/2023

The main purpose of the article is to examine the opinions expressed by Georgian elites regarding the position of the Federal Republic of Germany towards Georgia in 2023. The text discusses the question to what extent the image created for the needs of the internal political game in Georgia corresponds to bilateral relations between the two countries. The re-evaluation of German Eastern policy in connection with the Russian-Ukrainian conflict influences Germany’s attitude towards Georgia. Georgia is at a special historical moment. The receding prospect of Georgia’s EU membership due to the rule of law and respect for civil liberties shortcomings affects also the perception of Germany in Caucasus. The future of Georgia and the shape of relations with the West, including Germany, will depend primarily on the behavior of Georgian elites, some of whom treat accession to the EU as an element of a political game.

UPOTREBA MEHANIZMA ‘’CHECKS AND BALANCES-A’’ U KOTORSKOM STATUTU (ŠTAMPAN 1616. GODINE U VENECIJI)

Author(s): Janko Paunović / Language(s): Montenegrine Issue: 2/2023

The aim of this article is to shed light on the decision-making process in early modern Kotor, based on an analysis of the Statute of Kotor (1616) and surviving notarial documents.

Начало и продължителност на давностния срок за периодични вземания (вноски) по договори за заем и за банков кредит (анализ на съдебната практика и поставеният за тълкуване въпрос по тълкувателно дело № 3 от 2023 г. на ВКС, ОСГТК

Author(s): Zahary Tormanov / Language(s): Bulgarian Issue: 1/2023

The article analyses the characteristics of periodic payments, in view of the application of the short three-years’ statute of limitations under Art. 111v Obligations and Contracts Act in relation to the obligations to return a loan or bank credit in repayment instalments. We concluded that when the return of the loan, respectively the bank credit, is arranged in instalments, they have the character of „other periodic payments“, in the sense of Art. 111c of the Obligations and Contracts Act and the three-years’ statute of limitations shall apply to them. On the question raised for interpretation regarding the starting point of the statute of limitations in the case of agreed repayment of the obligation of individual repayment instalments with different maturities, it is concluded that the statute of limitations begins to run from the maturity of each repayment instalment separately, and not from the subsequent demandability of entire debt.

Трудов договор с прекратително условие

Author(s): Atanas Vassilev / Language(s): Bulgarian Issue: 1/2023

The article is dedicated to an important topic in the field of Labor law with significant practical application - employment contracts with a resolutive condition, which the legislator mistakenly classifies as fixed-term employment contracts in Article 68, paragraph 1 of the Labor Code.

Иновативни методи за повишаване на квалификацията в органите на съдебната власт

Author(s): Ivaylo Nikolov / Language(s): Bulgarian Issue: 1/2023

This report presents the results of a scientific study on the Project „Innovation in Language and Specialized Training „, financed by Technical University of Gabrovo. The purpose of the study is to systematize those innovative methods in training that can be applied in the improvement of qualifications in the judicial authorities.The object of the study is scientific studies in the field of innovations in education, including abstracts, reports from scientific conferences and others.

UBEZPIECZENIE ŚRODOWISKOWE JAKO TRANSFER RYZYKA W PRZYPADKU WYRZĄDZENIA SZKODY W ŚRODOWISKU

Author(s): Patryk Piątkowski / Language(s): Polish Issue: 1/2024

This article presents the issue of environmental insurance as a method of transferring the riskincurred by the perpetrator of environmental damage. The article discusses the basic elementsof environmental insurance based on standard products offered on the Polish market based onselected General Terms and Conditions of Insurance. The basic elements of the insurance contract described are: insured entities, the subject of insurance, scope of the insurance and thelimits of the insurer's liability in the form of the guaranteed sum. In the author's opinion, a discussion of environmental insurance would not be possible without preceding it with considerations regarding the basic legal acts introducing the regime of civil and administrative liabilityfor causing damage to the environment under the Act on the Prevention of Environmental Damage and its Remediation and the Environmental Protection Law Act

Summoning Up the Past: Detecting Legal Change Through Architecture’s Evidence

Author(s): Lisa Haber-Thomson / Language(s): English Issue: 1/2024

This essay puts on the table the following question: how has architecture helped catalyze legal change? I use as a specific illustration a debate regarding the codification of English common law that took place between Jeremy Bentham and William Blackstone in the late eighteenth century. Bentham and Blackstone’s competing architectural metaphors provided vivid illustrations of perceived dangers that they saw underlying proposed changes in law. The debate shows not only how powerful architectural metaphors were in constructing legal reform. It also demonstrates how novel architectural ideas can mask the lack of substantive changes in legal practice.

ІMAGО IMPERII. ЗА ХРИСТОС, КЕСАРЕВИЯ ДЕНАРИЙ И ИМПЕРАТОРСКИЯ КУЛТ ПРЕЗ ПРИЗМАТА НА АНТИЧНАТА ПОЛИТИЧЕСКА ТЕОЛОГИЯ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 1/2024

This paper offers an overview of the relationship between Christianity and the Roman imperial cult through the lens of the idea of the use of political theology as an immediate governing ideology in Antiquity. To do so, I turn to Carl Schmitt's conceptual apparatus and place it in the context of the first princeps, Octavian Augustus, receiving divine honors for the "miracle" of enthroning peace and security in the Empire. In order to establish the origins of these processes and their proximity to the ruler-religious practices of the time (especially as they relate to the legacy of Alexander the Great), the emergence of the cult during the Roman civil wars in the last century of the old era is reviewed. The main theses of the biblical school of 'imperial criticism', formed around Richard Horsley and exploring the New Testament messages in their Roman context, including with regard to the clash between Christian preaching and the official propagation of the imperial cult, are presented. This conflict is explored in the conclusion through an analysis of Christ's response to the rendering of the caesarian denarius, which can reasonably be assumed to have carried the symbolism of the imperial cult. In a paradoxical way, the Son of God, it turns out, holds in his hands the "icon" of the imperial cult, and must rule, in addition to on the relation of civil and religious duties, on the claim of making Roman emperors into earthly gods.

РИМСКОПРАВНАТА ТРАДИЦИЯ КАТО ОСНОВА ПРИ ИЗУЧАВАНЕТО НА ВЛАДЕНИЕТО В СРАВНИТЕЛЕН АСПЕКТ

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 1/2024

The article is dedicated to asst. prof. Theodor Piperkov. It examines the importance of the Roman legal tradition in the study of the possessio and the conceptual framework that is created in the context of modern law in the light of comparative analysis with the legislations of other European countries.

ПРЕТЕНЦИЯТА ЗА НЕОСНОВАТЕЛНО ОБОГАТЯВАНЕ, ИЗВЪН ОБЕЗЩЕТЕНИЕТО ЗА ВРЕДИ ПРИ ДОГОВОРНА ИЛИ ДЕЛИКТНА ОТГОВОРНОСТ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2024

This article examines issues related to a heavy construction recently proposed in the Bulgarian doctrine, called "delict condition" and its manifestation in practice/ its applicability. Presented as a new source of bond claim, it provides the possibility, in addition to compensation for damages from an illegal behavior, to encroach on the property of the defaulting party to the contract (or the delinquent) in order to supplement the property of the party affected by the offense through conditional (of unjust enrichment) claim. A recent act of the ECtHR is commented on, which can be attributed to the hypotheses of the "delict condition". Examined through the lens of Article 4 of the Convention, whether it establishes a positive obligation to enable victims of human trafficking to seek compensation for lost earnings from their traffickers and under what circumstances such a positive obligation may be avoided in respect of income obtained by the victim through prostitution and taken by the trafficker.

ПРОЯВЛЕНИЯ НА ANIMUS DOMINI СПОРЕД БЪЛГАРСКАТА ПРАВНА ДОКТРИНА И СЪДЕБНА ПРАКТИКА

Author(s): Ventsislav L. Petrov / Language(s): Bulgarian Issue: 1/2024

The article examines the notion for animus domini in Bulgarian law doctrine and in Bulgarian court practice. The different cases of manifestation of animus domini are analyzed. The author’s thesis is that the most suitable is the wide view for this notion – it includes all cases in which a person holds a movable or an immovable property for himself, without obligation to give it back or to give it to another person.

ДЛЪЖЕН ЛИ Е АРБИТРАЖНИЯТ СЪД ДА СЛЕДИ ЗА НИЩОЖНОСТ НА СДЕЛКИТЕ, КОИТО СА ОТ ЗНАЧЕНИЕ ЗА РЕШАВАНЕ НА ПРАВНИЯ СПОР?

Author(s): Aneta Antonova / Language(s): Bulgarian Issue: 1/2024

Arbitration is a private means of settling disputes based on an explicit agreement by the parties involved in the proceedings. It is an opportunity provided by the law for the parties to determine the court procedure and the applicable laws. The last two are a manifestation of the strengthened dispositive principle in arbitration proceedings. At the same time, the arbitrators should be guided by the principle of legality when rendering the arbitration decision - they should consider and decide the cases according to the exact meaning of the laws. If the court decision is based on a void contract, this would have as a result the violation of the principle of legality. The arbitral tribunal should examine the possible grounds for nullity of the contract even when there is no reference to them made by the interested party. It should examine whether the contract is against the law or the moral values in the society, whether it has an unlawful object or lacks essential elements required for its validity. Given the evidence presented in the case, the court, if it finds a lack of consent or simulation of the will of the parties, should indicate in the reasons for its decision the existence of the corresponding grounds for nullity of the contract.

ПО НЯКОИ ВЪПРОСИ ЗА ЗАСТРАХОВКА НА ЕМИСИЯ ОБЛИГАЦИИ, ИЗДАДЕНИ В УСЛОВИЯТА НА ПЪРВИЧНО ПУБЛИЧНО ПРЕДЛАГАНЕ

Author(s): Delyana Borislavova / Language(s): Bulgarian Issue: 1/2024

Insurance on an issue of primary issued book-entry bonds can provide protection to bondholders against the risk of the issuer defaulting on a monetary obligation. Bulgarian national legislation does not explicitly provide for this method of security, but it is permissible in accordance with the application of the principle of freedom of contract. This paper examines the possibilities that this insurance contract should provide to bondholders in order to make the bond issue more attractive to investors in Bulgaria through the prism of the national and European legal framework. The insurance product also has the function of helping to enhance the credit rating of the bond issue. A consequence would be to facilitate the issuer in its task to raise funds through the bond market.