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The statement qualifying the legal person as a social entity requires that the emphasis in defining this notion be placed on the matters of its management, and not on the formula for its property. The issue of management should be discussed in a broader context of legally relevant interactions towards functioning of this subject of law.
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The author discusses criteria of differentiation between the nullity and the nullification of contracts; their field of application and the stages of judicial evaluation in the procedure of pretended nullification (i.e. avoidance). In the last part of the analysis were paid attention to the principles of civil procedure both with the feature of nullification.
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The article deals with the legal regime of compromise settlement reached via mediation procedure. The author’s focus is on the consequences and enforceability of the parties’ agreement.
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The article clarified the matter of the cause in case of unjust enrichment between spouses. Led by the understanding that the cause in case of unjust enrichment is the valid legal relationship between the enriched party and the impoverished one, the author examines the role of the marital relationship as a specific ground for relocating pecuniary goods between the spouses. The possibility of the spouses “agreeing upon a cause” for their enrichment one vis-a-vis the other in the nuptial agreement or on another agreement between them is also examined.
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The article examines the theories of abuse of right and attempts to clarify the relative invalidity of transactions as a consequence of the exercise of subjective rights to the detriment of the rights and interests of third parties. The author’s thesis is that relative invalidity should be seen as a legal means to counter the abuse of right.
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The article examines the problems of public danger and types of criminal acts which belong to the high degree of public danger.
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It would, indeed, be hard to find a more complicated issue than the movement of gas, and oil, to Europe from Central Asia with geopolitical forces operating, seemingly, in all, and often contradictory, directions. But, this issue is of considerable interest to Bulgaria for several reasons: (a) Bulgaria has, historically, found itself on the geographical edge of some other political giant’s business. (b) the potential transit revenues for oil/gas passing over or under its territories and the possibility of energy-based industries developing in Bulgaria could bring the country out of the economic doldrums, (c) two of the biggest options (Nabucco and South Stream) enter Europe through Bulgarian territory, and (d) the new options would provide Bulgaria with an alternative to the existing framework that brings gas in from Russia via Ukraine. The stakes are high for Bulgaria in terms of energy security and considerable income from being the focal transit point for both options to bring energy from Russia or Caucasia. There are possibilities here for Bulgaria to move out of its „edge“ or peripheral position into being to bridge between a signifi cant part of the EU and either Russia’s North Caucasus, or Nabucco’s South Caucasus.
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As the title suggests, this study is about the challenges of contemporary private international law (PIL) in Bulgaria - as a field of law and as a science. The challenges for the legal branch could be summarized as follows: 1) the adoption of a number of new regulations in the field of judicial cooperation in civil and commercial cases with cross-border implications in the European Union; 2) the inclusion of international commercial arbitration and other alternative means of resolving civil and commercial disputes with cross-border implications in the scope of the measures through which the said judicial cooperation is implemented; 3) the gradual maturing of the idea of codification of the EU PIL. As regards the challenges for the science of PILs, they are undoubtedly a consequence of the above and, specifically for Bulgaria, in addition to broadening the field of research, they also consist in unifying the view of the subject and scope of our private international law. Our thesis is that the Bulgarian PIL is developing at the pace established in the EU; it is enriched by the legal acts created in the EU; it is gradually becoming a branch of law whose sources are mainly of Community/Union origin, regulating substantive and procedural relations with an international element, covering the three "pillars" of the PIL - international jurisdiction and proceedings in international civil matters; applicable law to private law relations with an international element; recognition and enforcement of foreign judgments, recognition and enforcement of foreign judgments and official documents.
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The military conflict in the former Yugoslav Republic of Bosnia and Herzegovina (1992-1995) went through all the dramatic phases of a violent civil war. The active intervention of the international community brought an end to three years of internal conflict and the signing of the Dayton Peace Accords (1995) marked the beginning of the reconstruction processes in the country. The main objective is to build the state institutions of the new and unique political entity in the Balkans. An important task is to build peace, respect human rights, establish a democratic society and restore ethnic, social and religious balance in the country. This is related to the active involvement of the largest and most authoritative regional organisation in Europe - the European Union (EU). The EU military operation in Bosnia and Herzegovina, codenamed “ALTHEA”, provides a military presence of foreign troops in order to contribute to the achievement of the goals and objectives and to help Bosnia and Herzegovina take progressive steps towards European integration, starting with the adoption of the framework of the stabilization and association.
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The study of development of legal education in the Ancient Rome is rarely done on its own, as it is included in the much larger problematic of the history of Roman jurisprudence. However, all of the works that examine Roman law as the creation of jurists, its philosophy and development, note the enormous importance of the education and training of jurists for the development of law itself as a science as well as for practice. In both cases, the question of continuity and the transmission of knowledge from the iuris prudentes (those who know the law) to their successors and audiences - future jurists - arises. Law professors would all be pleased if their students also have passion and affection to legal knowledge and high sense of responsibility for the profession.
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It is a common idea in Romanist doctrine that the use of the term 'rescindere' in the sources when referring to the effect of challenging judgments can mean – together with the destructive consequences of the judgment on appeal or in full restitution (in integrum restitutio) – also "annulment" of the judgment. The greatest development of this concept is found in the famous work of L. Raggi. However, the sources do not reveal any tendency to use the term 'rescindere' in a sense that is substantially removed from its etymological meaning of a declaratory statement of the nullity of the judgment. The inconsistency of the concept is even more apparent if one takes into account the regular use of the term under analysis in its ordinary meaning – the setting aside of an actual judgment – and also if one extends the analysis beyond the confines of the procedural sphere and takes into account the entire body of Roman sources in which the term 'rescindere' is used.
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The article discusses two doctrines dealing with the meaning of changes in circumstances occurring after the conclusion of the contract, namely clausula rebus sic stantibus and “Hardship”. These two doctrines assign different roles to the court based on the relationship between the court and the law, on the one hand, and the court and the contract, on the other. To explore the context of the problem, I will first examine the origins of the clausula rebus sic stantibus and then compare it to the role of the judge in the so-called "onerousness of the contract" according to recent European projects in contract law. It is reasonable to expect that, despite the changed circumstances, the parties will primarily respect their agreed balance of contractual obligations. Likewise, the court should seek to preserve the original balance and distribution of risk.
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The sale of the pledged assets in the event of default by the debtor within the agreed period was a common means of enforcing the lien in the Post-Classical period. If we look the Roman law of pledge in this context, it cannot fail to strike us that this real contract, as it was created and applied by the ancient Romans, has largely survived the ages and has come down to us in the form familiar to the legislatures applying the continental legal system today. The contract of pledge once again demonstrates the perfection of Roman legal thought in the field of security in rem, the prudence and pragmatism of Roman legislators and their desire to guarantee the claims of creditors as far as possible, thereby creating security for the entire civil turnover and at the same time ensuring that the rights of the economically weaker parties to a pledge relationship were not prejudiced.
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The first Bulgarian constitution - the Tarnovo Constitution (1879), explicitly proclaims as an independent civil right (Article 82) the freedom of people to assemble on any issue, peacefully and without arms. With minor differences, the same content is reproduced in the current Constitution. In Bulgarian constitutionalism, the tradition of regulating the freedom of assembly in a separate provision has been established. In 1990, the Law on Gatherings, Meetings and Manifestations (LGMM) was adopted, which is still in force with amendments, most recently in 2010. It is intrinsic to democratic forms of government that citizens have the right to assemble and to discuss issues of common interest or to express and make known their views together, even if they do not coincide with governmental policy. The freedom to assemble is a classic defensive fundamental right against state interference. In essence, this right-freedom is a manifest form of the generic fundamental right. The right to freedom of peaceful assembly is also recognized by norms of international law, international treaties, and the EU Charter of Fundamental Rights.
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The legal framework of the constitutional revision in Chapter Nine of the Constitution of the Republic of Bulgaria refers to amendments and additions to the Constitution by the ordinary National Assembly. The act of amending or supplementing the Constitution is a law which must be passed by Parliament. In this case, however, the procedure for making constitutional amendments is quite different from the ordinary legislative process. The Constitution itself provides for a more complicated procedure which serves as a guarantee for the proper resolution of this important issue. The differences from the ordinary legislative process concern the subjects who have the right of initiative to introduce a bill to amend or supplement the Constitution, to the terms in which this bill must be considered by Parliament, the majority that must pass the law, the number of votes that must be held, and the promulgation of the law already adopted to amend the Constitution. A brief overview of precisely these differences will be provided in this submission.
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The Judiciary System Act (JSA), as an organizational act developing the basic principles of the judiciary laid down in the Constitution (Article 133), contains a regulation of the requirements for the positions of judge, prosecutor and investigator. Article 164 of the JSA also sets requirements for a judicial internship. The analysis of the norms that regulate the content of the judicial internship under the JSA, which was established as an additional and mandatory requirement for holding certain positions such as judge, prosecutor or investigator, leads to the conclusion that the judicial internship fulfils other specific functions and should not be considered as a judicial internship under Article 164 of the JSA. To arrive at the current principle position, the legal framework has undergone a dynamic development. The hesitant and often changing position of the legislator seems to recognise that it needs help in finding an answer to the question whether to recognise the judicial trainee work experience as general legal work experience at all. All of this leads me to believe that the drastic changes in the legal framework are dictated less by considerations of legislative expediency than by considerations of expediency. Such a legislative approach is highly reprehensible.
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The increasing complexity of the social environment and the rapidity of change in modern society require the functioning of administrative mechanisms that are able to respond to specific needs and circumstances and to align public policy with them. In this context, it is more than relevant to review and reassess the role of operational autonomy in the decisions and actions of the public administration. In a changing social, economic and political environment, administrative discretion is a powerful tool for striking a reasonable balance between too much and too little normative regulation of administrative activity by law, a reasonable balance between strict legal regulations and administrative decisions.
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The questions of the stability and dynamics of the legal system are both traditional and at the same time topical issues in law. This is because stability is achieved by adapting the legal system in relation to the reality. Thus, stability and dynamics are seemingly contradictory concepts, but in the legal system they are interrelated. The two concepts are also related to the rights of individuals on the one hand, and to law, on the other. In this article, selected issues reflecting the problem of the balance of rights in the current legal system are presented for discussion. For this purpose, practical hypotheses illustrating the issues arising from the current legislation in our country are presented. Arguments and counter-arguments are given in order to provoke a scientific-practical discussion. Since the topics are both traditional-fundamental and current at the moment, due to their concrete manifestation, their solution should not be expected in this study. But the academic discussion already opened here is also to some extent a response to the challenges facing our legal system.
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The institute of the defendant in cases for contestation of administrative acts is one of the convincing arguments for the objective nature of the proceedings to contest them. The question whether the administrative authority as a party to the administrative proceedings is a typical defendant, as it is known from civil proceedings, comes to the fore. The administrative authorities, as parties to the legal proceedings, may not enjoy any privilege over the other parties, nor may they perform acts which would prejudice the position of those parties. However, the special position of the administrative authority as a defendant in administrative proceedings can be explained by the specific role of administrative justice called to protect the public interest from legitimate government, which distinguishes it and from civil procedure.
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Тhe article examines the property relations between the partners in the civil partnership under Bulgarian legislation. As a means of carrying out joint economic activity, the civil partnership is a source of numerous property relations both between the partners themselves and between them and third parties. Their origin, development and termination is directly related to the common economic goal pursued by the partners. With its implementation, as well as in cases of termination of the partnership contract on the grounds provided for in the law, there is a need to liquidate the property community that has arisen between the partners and settle the existing property relations between them.
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