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Освобождаващи клаузи в договорите

Author(s): Krasimir Mitev / Language(s): Bulgarian Publication Year: 0

According to Bulgarian Law on Obligations and Contracts, the parties can freely determine the content of the contract, as long as they do not violate the mandatory norms and good morals. The legal literature in Bulgaria has not dealt with exemption clauses in contracts and there is also no developed case-law. For this purpose, the current work examines the status of these clauses, in countries with a developed market economy such as England, France, Germany as well as in the EU law. The approaches to the regulation of freedom of contract under exemption clauses in England, on the one hand, and in Germany and France, on the other hand, are different. It can also be explained by the fact that the mentioned countries are part of different legal systems – of the Anglo-American and of the continental.

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Използване на търговски марки в Интернет

Author(s): Diman Dimov / Language(s): Bulgarian Publication Year: 0

The present work will duscuss the issue under what circumstances a right protected in the territory of a country can be considered violated by the use of a similar sign on the Internet and what legal consequences arise from this. Attention is paid to the development process of the General Recommendations of World Intelectual Property Organization. The provisions of the General Recommendations of World Intelectual Property Organization, their binding effect, mandatory application and political weight will be also considered.

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За контурите на обществения ред в съвременното българско международно частно право

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The goals of the present study are to outline the contours of public policy in today’s Bulgarian private international law, taking into account the works of Bulgarian legal scholars, as well as foreign literature available to the author. An overview of the opinions on the concept of public policy in Bulgarian legal theory is made, as well as a kind of comparison between the public policy and principles of law. Attention is paid to the relationship between public policy and basic moral and legal values, through the points of contact between these two categories. In conclusion, it is stated that contours of the modern Bulgarian public policy encompass all the basic legal principles laid down in the Constitution of the Republic of Bulgaria, as well as the sectoral principles that are their reflection.

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Тълкуване на патентни претенции при спор за патентно нарушение

Author(s): Veselina Maneva / Language(s): Bulgarian Publication Year: 0

With this development, attention is paid to the patent claims, which for the first time were submitted within the scope of Bulgarian legislation with the introduced legal regulation in Art. 17 of the Patents’ Act in 1993. Attention is drawn to the term “sign equivalence”. The difference between the two systems of interpretation of the claims is indicated – restrictive and expansive in relation to the legal function of the claims. The current case-law of the Sofia City Court is cited, which stated the main situations in a dispute over patent infringements.

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Създаване и действие на Закона за подпомагане на войнишките семейства през време на мобилизация и война в периода на Първата световна война

Author(s): Nedyalko Bekirov / Language(s): Bulgarian Publication Year: 0

The present work systematizes issued certain legal acts related to the ongoing socio-economic and socio-political processes during the First World War. Specific legal acts related to the area of satisfying the population with foodstuffs are cited. Rules and regulations aimed at providing for the population are also described, which persons are entitled to support and in what amount. In conclusion, individual problems that arise in connection with the legal act are indicated.

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Развитие на международното частно право в Европейския съюз

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

This article focuses on the Rome Convention of 1980, because there is no detailed analysis on the same topic in Bulgaria. Attention is drawn to the original the Treaty establishing the European Economic Community (EEC). The creation of Rome Convention, its content and scope of application, as well as non-contractual problems that occur in certain hypotheses are studied. The paper draws attention on the relationship between the Convention and private international law sources, as well as on the general principles that are embedded in the Convention.

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Двойната наказуемост като условие за допустимост на екстрадицията

Author(s): Anton Girginov / Language(s): Bulgarian Publication Year: 0

This scientific work discusses one of the leading problems in our country, related to the judicial procedure for the extradition of persons who have committed a crime – the double punishability of the act for which extradition is requested and the conditions under which the double punishability arises. The concept of punishability is also characterized as a main (attributive) property of the crime, without which, although the crime is constitutive and socially dangerous, extradition cannot occur.

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Предишните осъждания на субекта на престъплението и обществената му характеристика като отегчаващи и смекчаващи вината обстоятелства

Author(s): Tervel Georgiev / Language(s): Bulgarian Publication Year: 0

The paper presents a brief analysis of the concept of public danger of the act and the cases that determine the degree of public danger. The issue related to the circumstances that depend on the decision to take one or another measure of restraint against the accused is commented on. An opinion is expressed that the degree of public danger of the perpetrator can be judged mainly by whether he has a criminal record and what his social characteristics are. It also touches on the important issue of the individualization of punishment and the possibility of imposing a lighter sentence depending on the absence of criminal record.

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Правовият ред в българските възрожденски еснафи

Author(s): Petya Nedeleva / Language(s): Bulgarian Publication Year: 0

This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.

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Ревизия на Конституцията на Република България от 1991 г.

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.

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Правото и правната наука през следващото хилядолетие

Author(s): Zhivko Stalev / Language(s): Bulgarian Publication Year: 0

The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.

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Изискването за спазване на административнопроизводствените правила

Author(s): Kino Lazarov / Language(s): Bulgarian Publication Year: 0

The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.

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Луганската конвенция за юрисдикция и изпълнение на решенията по граждански и търговски дела

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised aboud the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.

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Относно същността на погасителната давност

Author(s): Lyuba Panayotova / Language(s): Bulgarian Publication Year: 0

This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.

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За кумулирането на мораторната лихва и неустойка за забава на парично задължение

Author(s): Krasimir Mitev / Language(s): Bulgarian Publication Year: 0

The issue of the moratorium interest and late payment penalty was discussed througout the practice of Supreme (Cassation) Court of Republic of Bulgaria and those of the Arbitration Court at the Chamber of Commerce and Industry. The concept of “accumulation” is being clarified. The author draws attention to the “non bis in idem” principle.

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Новите понятия в Закона за търговските марки и географските означения

Author(s): Diman Dimov / Language(s): Bulgarian Publication Year: 0

The article examines some of the new concepts in the Bulgarian Trademark and Geografical Indications Act (TGIA) from the perspective of EC law. The targets and structure of the First Directive of the Council of EC of December 21, 1988 for the convergence of the legislation of the member countries regarding trademarks, the Regulation of the Council on the Community Trademark, as well as the practice of ECJ are commented on. It is concluded that with the entry into force of the new TGIA, the international standards for the protection of industrial property will be adopted in the Bulgarian trademark law.

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Кого закриля предварителната закрила при уволнение по чл. 333 от Кодекса на труда?

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

At the beginning of this scientific work, the main functions of labour law – protective and economic, are presented. The subject of the study is the analysis of the legal framework of preliminary protection in case of dismissal, as one of the institutes of labour law. The issue of preliminary protection in the event of dismissal is applicable only to the comprehensively listed grounds for termination of employment relationships, arising on the basis of an employment contract or competition, is touched upon.

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Правен режим на гарантирането на влогове в търговските банки

Author(s): Kostadin Shkretov / Language(s): Bulgarian Publication Year: 0

The present work examines the legal regime for the protection of deposits in the EU and the current legislation in Republic of Bulgaria. Special attention is paid to the Deposits Guarantee in Banks Act. The author says that it is necessary to conclude that the regulatory framework of this matter in our country is build on the principles in this area, which are the basis of acts of the EU and the countries with a developed banking system.

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Определяне на наказанието при условията на член 27 от Наказателния кодекс

Author(s): Daniela Miteva / Language(s): Bulgarian Publication Year: 0

The paper examines Section IV of the Criminal Code of Republic of Bulgaria (CC) and in particular – some issues related to general recidivism, regulated by Art. 27 ot the CC. The concept of “recidivist” and its varieties are explored. Attention is also paid to the punishment “imprisonment” in the context if dangerous recidivism.

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По някои въпроси, свързани с производството по член 409 и следващите от Наказателно-процесуалния кодекс

Author(s): Aneta Petrova / Language(s): Bulgarian Publication Year: 0

This work examines art. 409 and the following articles from the Criminal Procedure Code. There is no practice of Supreme Cassation Court clarifying some practical questions. Emphasis is placed on the inclusion in the process of certain investigative actions, such as the question of accused person. Attention is drawn to the title of Section Three of Chapter Twenty of the Code.

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