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The obligation for consistent interpretation of every legal rule that operates in the legal system of a Member State and falls within the scope of EU law is also known as "indirect effect". Direct effect and indirect effect are alternative methods of ensuring the useful effect (effet utile) of EU law. This obligation applies to anybody who implements law at the moment of implementation and in every situation within the scope of EU law. Naturally, it applies to any economic activity, too. This is therefore the widest-ranging obligation arising from the effect of EU law in a Member State.
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In the Bulgarian Civil Law doctrine, the issue of inaction as a form of expression of will has not been analyzed thoroughly, including in general courses in Commercial Law reviewing invalidation of commercial transactions, primarily in regard to the inapplicability of Art. 27 of the Obligations and Contracts Act to commercial transactions between merchants regarding invalidation of contracts on the ground of utmost necessity and manifestly unfavorable terms. The present paper focuses on the articles of the Bulgarian Commerce Act that treat silence as equal to expression of will to give rise to legal consequences. The paper analyses the applicability of the grounds for invalidation in relation to the legal fiction for expression of will by merchants in commercial transactions. The paper also recommends the creation of a special legal rule regarding fraud in commercial transactions in light of determining the criteria for which actions misleading the merchant and misrepresenting facts and legal consequences of the transaction.
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The report examines some of the legislative possibilities for modification to a public procurement contract. The actual composition of a change to a public procurement contract in the hypothesis of Art. Art. 116, para. 1, item 3 of the Public Procurement Act and the factual composition of business frustration under Art. 307 of the Commercial Law are briefly analyzed and compared. The author comes to the conclusion that in the event of a significant change in circumstances after the conclusion of a public procurement contract, which change leads to the occurrence of a subsequent exceptional burden of the due performance (non-equivalence of counter-performances) and if the preservation of the public procurement contract in an unchanged state contradicts justice and good faith, it can be applied the institution of business frustration, regulated in the commercial law.
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The report reviews the effect that invalidity has on third-party rights acquired by a party under a void or voidable transaction. Examples are presented where the current legal framework and the judicial practice of its application lead to unfair results. Apart from rare exceptions, priority is given to the interest of the party to the invalid transaction over that of the third party, regardless of the reprehensibility of the behavior of the party to the invalid transaction, the possible good faith of the third party, the profitability of the acquisition, etc. circumstances. Conclusions regarding the need to improve the regulatory framework have been substantiated, and specific proposals have been made for the direction of legislative intervention.
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Construction is a dynamic process, which is carried out in accordance with an approved investment project and a building permit issued on its basis. The Law on Spatial Planning (LZP) allows the amendment of the investment intentions in the course of construction. Changes may affect the project's provisions with respect to individual independent objects, their boundaries, their intended use and square meters, to take away or modify common parts of the building, etc. At the same time, Article 181(2) of the LZP provides that the ownership of a separate object may be transferred after the completion of the building in rough construction, which precedes the completion of its construction, and it is in this case that the amendment of the investment intentions may affect the acquired separate objects. The effects of the change of investment intentions are described in this report.
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The report is dedicated to the liability for foreign tax debt, regulated in the TIPC. Emphasis is placed on the prerequisites for the emergence of this specific type of legal liability inherent only in tax law. In this aspect, attention is paid to the practice of the SAC in tax matters related to the issues that are looked under consideration.
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The report examines the issue of finding a balance between the protection of public and private interests in the crime of bribery in the private sector under Bulgarian criminal law.
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"law-economics" relationship; economic analysis of Law; Desacralizing theory; interdisciplinary approach; desacralizing logically-methodological core; Cultural Paradigm of the New Age (CPNA)
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The right of a shareholder in a joint-stock company to collect his dividend always occurs as a pecuniary receivable. It can be terminated by an agreement of datio in solutum, concluded between the shareholder and the company. The consent of the rest of the shareholders for conclusion of such agreement is not required. If the non-cash asset, by the transfer of which the dividend payment is terminated, is a real estate, there shall be applied IFRIC 17; according to IFRIC 17 the real estate shall be measured at its fair value. The rules of IFRIC 17 and art. 247a, para. 1 and 3 of the Commerce act are compulsory. If violated, they will lead to nullity of the datio in solutum agreement. The grounds for nullity are different and they depend on the specific rule violated.
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During the Bulgarian Revival and immediately after the Liberation of Bulgaria, the status of women was determined by the patriarchal traditions, understandings and customs of the Bulgarians. Bulgarian customary law legitimizes certain powers of the Bulgarian woman and in the vernacular different names are used for the word woman and to regulate her legal status. The woman-daughter, maiden, fiancée, bride, wife and mother has a number of responsibilities – housework and field work, childbirth and raising children, etc., but she has never been a slave, completely subordinate to the authority of her father or that of her husband. Living conditions create opportunities for her not to be impersonal, but on the contrary to take an active part in making important decisions for the family and the community. Her right to property, as well as to dispose of her possessions, are proof of the power she possesses.
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In recent years, there have been more frequent cases in which, the issuance of a preliminary measure suspending the enforcement proceedings is requested. The peculiarity of this measure consists in the various procedural conditions that the law. It is important whether the measure is requested in an already pending cases or in a proceeding to secure a future claim. These differences from other security measures require consideration of the problem from all possible procedural aspects.
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The article examines the question of the construction of a provision in the Civil Procedure Code, authorizing Supreme Court of Cassation to designate proper venue when rules of jurisdictional venue are insufficient to determine it. It is argued that the statutory provision envisions a venue of last resort and embodies an inherent jurisdiction by SCC as having supervisory judicial power. A recent judicial case in point is examined.
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Due to their young age minors are more vulnerable as employees. They need enhanced and thorough care. The special protection of minor labour manifests itself throughout the whole existence of the individual employment relationship. Even more. The protection of youth labour begins even before the employment relationship is established and in a temporal aspect this is the first element of the increased legislative attention to young people as carriers of labour force. The special legal regime which precedes the emergence of the employment relationship is expressed in the special procedure for employment of minors. The latter includes a mandatory preliminary thorough medical examination and a prior permission from the Labour inspectorate. Thus the special rules about the protection of youth labour are a guarantee that the labour process will not endanger the life, health and overall development of minors.
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Inheritance in accordance to common law is characterised with firm terms, most of which remain the same even today. This article presents the basic terms in relation to inheritance and their nuances in different Bulgarian regions. The purpose of this text is to examine the most common terms by researching the essence, methods and features of inheritance in the context of common law.
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The paper presents some issues and perspectives before the EU legislation concerning the protection of ''whistleblowers'' with the emphasis on its implementation in Bulgaria. Constituting a unified European model for whistleblowers protection is still in its initial phase. The nature and specifics of ''whistleblowing'' concept are discussed, among which its sociocultural context, influence on the legislative initiatives and practices as well as on the conditions that induce the necessity of transposing of the Directive (EU) 2019/1937. Internal and external forms of whistleblowing are distinguished. The paper traces the advance of the transposition of this Directive in Bulgaria mainly by the preparation of Draft Law on Protection of Persons Issuing Signals and Publicly Announcing Irregularities and Violations.
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In the last decade, climate change and the need for sustainable development have been increasingly discussed in terms of future goal-setting, legislative amendments and transformation of the current practices. In the last three years, however, the topic has become a leading one not only at the European level, but also on a global scale. There has been talk of a transformation of thinking, and most areas of our lives are affected by new regulations motivated by achieving a fair and smooth transition to climate neutrality. The financial sector is not left out of the trend, seeing serious innovations aimed at supporting the common cause, namely by aligning part of the financial flows with the desired climate change-resistant development, but also by directing them in the direction of financing the intended transition. This publication aims at examining and summarising the adopted legislation in the area of sustainable development in the financial sector, while drawing attention to some problems related to its implementation.
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The Law on the Protection of Public Order in the Conduct of Sports Events includes a number of administrative obligations towards the organizers of public events of a sporting and competitive nature. Some of the obligations are related to the provision, depending on the right of access of persons to the territory of the sports area where the sporting event is held. It is comprehensive to ensure the safety and security of participants and visitors in order to monitor public order, excluding the implementation of anti-social acts and others. Failure to comply with the obligations could lead to the application of administrative penalties to the organizer.
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In the paper, the process of management of the public debt has been presented. The normative documents have been indicated through which management of the public debt is regulated in Bulgaria. The main aspects of the process of management of the public debt have been reviewed.
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The main task of the present report is to provide arguments for the need for a constitutional settlement of basic economic relations. The position of necessity for the creation of an economic constitution integrated in the constitutional texts is defended. This is the historical challenge facing the project for a new constitution.
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