НЯКОИ ОСОБЕНОСТИ В ESSENTIALIA NEGOTII ПРИ ДОГОВОРА ЗА ФАКТОРИНГ
The article describes some specific features of essentialia negotii, regarding the content of the factoring contracts.
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The article describes some specific features of essentialia negotii, regarding the content of the factoring contracts.
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the article reviews the development of the family law in Bulgaria since democratic reforms in 1990. The emphasis on the Family Code came into force in 2009 is made. The second part of the article is dedicated to the perspectivest of thefuture legislation: issues of the factual marriage, surrogate motherhood, legal separation.
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The allegations of the infringement of exclusive trademark rights are particularly interesting in the context of the constitutional rule of the freedom of speech which takes the forms of manifestations or public campaigns. One of the key questions to answer, then, is the question whether invoking the freedom of speech excepts someone from the infringement of exclusive trademark. Depending on the specific circumstances, it would appear reasonable and justified to claim that the constitutional rule of the freedom of speech should take precedence over exclusive trademark rights.
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The article is devoted to the issue of implementation of the constitutional right of court control in writ-of-payment proceedings. Nonetheless, the author limits her scope to the plaintiff’s side, analyzing the possible methods for verification of an order for payment issued in this procedure.The author points to a lack of specific regulations in the chapter devoted to such proceedings and analyzes the boundaries of proper application of general regulations concerning rulings to this type of a ruling, according to Article 353 of the Civil Code. At the same time, the author questions the claim that it is impossible to obtain an order for payment which would be unsatisfactory for the plaintiff, thus rejecting the fundamental argument of those scholars who deny the plaintiff the gravamen to initiate any kind of complaint proceedings. In her analysis, the author points to the most fundamental problem which makes it impossible to file any sort of complaint in the allotted time, i.e. the lack of a general rule regarding the necessity for a copy of the order for payment to be delivered to the plaintiff as well as the selective possibility to apply regulations pertaining to the delivery of decisions regarding the orders for payment. Moreover, the author engages in a discussion with those opinions within the doctrine which mandate the obligatory delivery of any kind of a court ruling issued in closed court sessions; she remains critical of the rulings and scholarly articles cited to justify their opinion, arguing that opinions dating to the beginning of the 20th century have become obsolete in relation to the current legislation.Eventually, the author comes to the conclusion that the plaintiff’s only measure of modification of the order for payment is a motion for a rectification of a court ruling. At the same time, she delineates the boundaries of such use of this method in a very broad manner, allowing for the correction of factual errors, including first and foremost those pertaining to the precise sum awarded to the plaintiff by the court. The author also considers the negative consequences for the interests of the defendant and demonstrates that the remaining proceeding measures which exist in writ-of-payment proceedings adequately protect those interests. The validity of those statements is substantiated with the use of appropriate case law. The author concludes with a statement that only the broad interpretation of Article 350 (1) of the Civil Code, in relation to Article 353 of the Civil Code, guarantees the preservation of the constitutional right of the plaintiff to initiate appropriate control over the ruling and to be granted a satisfactory ruling, while remaining respectful of the rights of the defendant.
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The following article begins with an overview of the international legal regulations and their influence on the domestic law. For that reason, the author discusses the regulations regarding the right to due process as well as the right to a fair and legal trial and the right to proper compensation for the sustained injury stemming from the lawlessness of legislation with regard to the failure in fulfilling the duties of any given authority. The analysis is conducted on the basis of the constitutional regulations, the Civil Code and the regulations of the Teacher’s Charter regarding the appointment of a school principal. The analysis focuses on the issue of the procedure of the appointment of a school principal, conducted in accordance with the Teacher’s Charter, as well as the potential claims of the injured party on account of acts of omission on the part of the authorities responsible for partial evaluation in the appointment process. Moreover, the article aims to demonstrate excessive formalism regarding the act of seeking redress for unlawful activity or acts of omission on the part of the appointed authorities. The author intended to show that the entire spectrum of rights deriving from conventional and constitutional norms, which guarantee the right to a due process, understood as the right to obtaining a binding ruling with regard to the subject’s rights, is, in practice, extremely difficult to enforce, which can be substantiated by the analyzed example of the procedure of appointing a school principal according to the regulations of the Teacher’s Charter.
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The right to a due process remains one of the most fundamental human rights, regulated in legislature at both the international and domestic levels. In Polish legislature, the right to a due process is guaranteed at the constitutional level. Despite its importance, the right to a due process is not absolute and can be restricted. The aim of the following article is to discuss the issues of restrictions regarding the right to a due process resulting from the Act on Geological and Mining Law. This act introduces the necessity to utilize obligatory arbitration procedures. Only after the arbitration procedures have been exhausted can the plaintiff utilize court proceedings in cases regarding reparations resulting from injury stemming from mining operations. In the course of the discussion of the prevailing regulations concerning the modifications of the procedural aspect of seeking redress leads to the conclusion that the institution of obligatory arbitration procedures requires amendment. Moreover, the author presents several remarks de lege ferenda regarding the trajectory of the proposed changes in the regulations regarding obligatory prejudicial proceedings.
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The article deals with the content and scope of activities of the state in the management of higher education in the conditions of the functioning of the global higher education market , the study of the specificity of the forms and methods of administrative and legal influence in the process of governance in higher education
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The object of this article are controversial political and legal aspects of the migration crisis and the subsequent migration pressure on European countries, including the Republic of Bulgaria – consequences and possible political, legal and practical solutions to the complex and ambiguous issuesThe paper analyzes the extent of transposition of the requirements of the right to education into the statutory legislation on education in the Czech Republic and Slovakia. The author includes also the conclusions and opinions arising from the case law of the European Court of Human Rights
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The object of this article are controversial political and legal aspects of the migration crisis and the subsequent migration pressure on European countries, including the Republic of Bulgaria – consequences and possible political, legal and practical solutions to the complex and ambiguous issues
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The state is a social organization. Its functions are related to its social purpose to serve the common interests of society. Management of social problems is a process of regulation of social relations by the constitution and implementation of social policies on different social groups in relation to reducing social inequality and achieving social security for all citizens, including children. One of the most important functions of the state is its social function in terms of control of public goods and resources related resources for the protection of children in Bulgaria
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Biometric data sets authentication of personal identity on a different plane, because by the advent of modern technology it has become possible personal identification to be made based on physical, chemical or behavioral characteristics of a person. Biometric data is a type of personal data. It present the image of a person's face and / or his fingerprints, and other types of specific identification features, which are most commonly used for identification and verification of identity. Challenges which are to be faced by modern society in connection to the use of biometric data will undoubtedly reveal new ways of regulation of various spheres of life obshtestveiya. It is necessary to create enough reliable mechanisms for protection, which not to restrict fundamental rights and freedoms of every citizen
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The report was dedicated to the tax return as a precondition for the issuance of some of the acts for assessment of tax liabilities as it not pretend to be exhaustive. These are the acts under Article 106 and Article 107 of Tax-Insurance Procedure Code and the tax assessment bill in a case of regular reporting, in which the presence of a properly filed tax return is an absolute prerequisite for their issue
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The introduction of information systems in medical institutions has high potential to improve the accessibility of clinical information and to improve health care. However, use of information technology in health care leads to many challenges related to information security. The most common difficulties in protecting information security are related to confidentiality and prevention of unauthorized access to patients’ clinical data. All employees in medical institutions should be trained in the principles of information security. They all need to be aware of their responsibilities to protect the information. Patient information contained in hospital information systems is sensitive and highly confidential, and its protection is essential. Unauthorized access and disclosure of information related to the life and health status of patients may have ethical, social and legal consequences
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Corruption is a complex phenomenon with economic, social, political and cultural dimension, which cannot be eliminated easily. Acts of corrupt behavior have their own specifics depending on the area in which they occur. The basic principles, on which the system of organization of public procurements needs to be build include: Transparency, good governance, prevention of violations, compliance and monitoring, accountability and control. The efficacy in preventing and detecting corruption practices in the implementation of public procurements depends on the efficiency of the common controls in this area
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The article examines the creation of the construct of the legal entity in a historical and logical consequence. It has its roots in Roman law. Such a concept does not belong to Digesta and to Corpus Juris Civilis. Ii discusses the creation of the collegia sodalicia and the other similar bodies as well as the creation of the lex Julia collegus. The article analyzes the creation and the rapidly increasing use of the term ‘legal entity’. It examines the different theories on the content of the concept surveyed.
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The development of the economic ties and the construction of the common internal market in the European Community create conditions for formation of an European company Societas Europaea, (SE). The article deals consistently with the attempts to establish the Council Regulation on the Statute for a European company and Council Directive supplementing the Statute for a European company with regard to the involvement of employees for a period of 50 years after discussing of different projects
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In general, education is not meant to be earned. The right to education is a complex fundamental right set forth in the Constitution. It manifests itself in different ways - establishment of schools, education as a legal obligation, promotion of gifted students, free choice of school, government regulation etc. Manifestations suffer limitations in different directions. From here arises the need for balance. This is a condition for the effectiveness of education as a public value.
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The report provides an overview of: policies and practical measures for tackling cybercrime and for ensuring cybersecurity within the European Union and the Member States; international instruments and cooperation; private sector initiatives to develop standards for cybersecurity and information sharing on emerging cyber threats and risks; successful public-private partnerships, co-regulations, self-regulations; public perceptions of crime and security in cyber space.
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The theme regards the requirements for legality and justification in the elaboration process of the indictment by the prosecutor as a guarantee for effective implementation of the protective function on the part of the defendant and his legal counsellor
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The theme regards the figure of the defendant in the criminal trial and its main characteristics as a central subject, carrying out his right of defense against the persons in charge of accusation
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