Innovation in counteracting insurance fraud

Author(s): Anna Bera / Language(s): English Issue: 4/1/2018

The subject of this article are insurance crime and instruments to counteract them. Insurance fraud covers both criminal offenses and economic crimes, whose common feature is that they infringe the interests of the insurance sector, regardless of their source. Only in the U.S. and UK alone, the losses resulting from insurance frauds are run in billions. Insurance fraud is a complex phenomenon with complicated phenomenology and etiology. The study focuses on innovative instruments for counteracting insurance fraud. The research process required the application of the following research methods and techniques: literary critical analysis, desk research method, observation, qualitative methods, and techniques of graphic presentation of the research results.

Произходът на института на процесуалната субстанция в българското право

Author(s): Todor Kolarov / Language(s): Bulgarian Issue: 3/2020

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.

Публична лекция на г-н Трайчо Трайков, кмет на район „Средец“ на Столична община, пред студенти по право на тема: „Това, което е добро за хората, невинаги е политически павилно, но някой трябва да го свърши“

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 3/2020

The public lecture is dedicated to the powers of regional mayors within a municipality. It focuses on the lack of financial decentralisation in the area of local self-government. It also describes the powers of regional mayors in the areas of ensuring public order and, in particular, the powers under the Ministry of Internal Affairs Act and the Condominium Ownership Management Act.

LES RELATIONS FAMILIALES À L’AUNE DU DROIT FUNERAIRE ROUMAIN

Author(s): Silviu Dorin Şchiopu / Language(s): French Issue: 2/2020

Le décès d’un cher proche est peut-être le moment le plus critique de la vie de chacun. De tels moments peuvent rapprocher les familles, mais ils peuvent aussi empoisonner les relations entre parents. Bien que la concorde doive caractériser ces relations, il n’est pas rare que la réalité nous prouve qu’il revient au législateur la mission ingrate de trouver des solutions pour résoudre les conflits entre les proches du défunt sur l’organisation des obsèques. La question est d’autant plus compliquée que non seulement la législation séculière a son mot à dire, mais aussi le droit canonique en ce sens que le manque de communauté de foi est un élément qui ne peut être négligé, notamment dans le cas des cimetières confessionnels. En analysant la réglementation des funérailles nous constatons que chaque acteur – l’État, les cultes et les unités administratives-territoriales – a une vision quelque peu différente sur les relations familiales, plus précisément chacun est plus ou moins intrusif dans la sphère de la vie privée. Pratiquement tous les règlements ayant un impact sur les funérailles laissent voir un certain modèle de relations personnelles et familiales, essentiellement un conditionnement du comportement qui est récompensé par la possibilité de bénéficier de certains services funéraires. Ainsi, bien que chacun ait le droit à des funérailles décentes et à rendre hommage au lieu de sépulture du défunt, les règles qui régissent les funérailles forment un kaléidoscope qui, selon la situation concrète du défunt, peuvent conduire à des résultats différents en ce sens que le défunt se voit offrir ou refuser certaines options concernant l’établissement du lieu d’inhumation et l’organisation des services funéraires. Sans chercher à épuiser ce vaste sujet, la présente petite étude vise à mettre en évidence d'un point de vue juridique l'impact de la typologie familiale sur l’organisation des funérailles principalement à partir des options offertes au défunt par la législation roumaine.

Resolutions Introducing Restricted Use Areas around Airports as Special Local Legislative Acts, Based on the Example of Restrictions on Residential Development

Author(s): Jakub Bryła / Language(s): English Issue: 114/2020

Restricted use areas (hereinafter: RUA), as a form of intervention by public authorities, are presented as local law acts of special nature, capable of influencing both restrictions on the ownership right of a property and municipalities’ planning authority. The main research problem presented in this article is frequent overinterpretation of the provision of Art. 129 of the Environmental Law Act (ELA), offering the possibility to assert claims on account of restrictions to the ownership right. It turns out that residential property owners, against the RUA regime, strive to obtain compensation for their alleged loss. The discussed phenomenon is widespread despite the fact that out of eleven RUAs only in five cases restrictions were introduced to the residential function of already existing or newly designed objects. In the light of the above, the purpose of this article is to depict the problems of influence of the scope of the introduced restrictions concerning residential buildings located in the direct vicinity of airports on the possibility to obtain compensation under Art. 129 ELA. The analysis will cover also the impact of resolutions establishing RUAs on administrative powers and on the civil law institution of ownership. The author’s attention was also focused on demonstrating a direct impact of the relationships introduced in RUAs on the behaviour of participants in the real estate market. The research is conducted, among others, based on the legal dogmatic method and legal theoretical method.

Problem kwalifikacji przedsięwzięć na tle koncepcji prawnej ocen oddziaływania przedsięwzięcia na środowisko

Author(s): Kamil Olzacki / Language(s): Polish Issue: 13/2021

The rapidly approaching climate challenges call into question the effectiveness of national and European environmental protection procedures. The author has tried to outline the general legal framework of the EU environmental policy, present the sense and meaning of the Principle of Preventive Actions and the Precautionary Principle, and then describe the EU and national standards regulating the environmental impact assessment procedure. The paper aimed to evaluate the regulation in the scope of the discussed institution, with particular emphasis on those provisions regulating which project shall be made subject to an assessment. For this purpose, the author used the dogmatic-legal method and analyzed the literature. The analysis of the discussed issue showed that, against the background of the current regulations shaping the legal framework for the environmental impact assessment procedure, a specific problem of project qualification emerges. Casuistic exemplification of projects that shall be made subject to an assessment may lead to a specific gap, which enables the implementation of even highly environmentally hazardous investments without the need to conduct an environmental impact assessment. For the institution discussed in this paper to effectively counteract the implementation of any investments that may pose a threat to the environment, it is necessary to change the current regulations shaping its legal framework accordingly.

ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

Author(s): Sebastiano Tafaro / Language(s): Bulgarian Issue: 1/2021

The text of the article was edited on the basis of a report presented to the XI Congress of Roman law scholars from Central and Eastern Europe and Asia, held in Craiova on 3 November 2007. It examines successively legislative policy on debt and government intervention on interest rates, limitation of interest rates supra legitimum modum, setting an upper limit for increasing the amount of debt. A special place is given to the concepts of proportionality and reasonableness in credit relations, as well as to the evolutionary interpretation of obligation and proportionality.

ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

Author(s): María Etelvina De las Casas León / Language(s): Bulgarian Issue: 1/2021

The jurists of the late Republican period, under the influence of the Greek dialectics, formulated certain principles or rules across the generalization of decisions to which they had come across the study of particular cases. They were trying to solve the cases that were appearing ignoring any type of rules or rather without knowing that across some of these decisions they were constructing rules that would come to the present day. Along this work there will be studied the origin and evolution of the roman regulae iuris, where the jurists, without realizing elaborated a corpus of rules that have been and are used not only for the juridical classifications of the Civil Law, but also of the Common Law.

OBLIGATIO, SOLUTIO, SATISFACTIO ET PROBATIO

Author(s): Maria Lurdez Martines De Morentin / Language(s): Bulgarian Issue: 1/2021

Starting from a general vision of Roman law regarding obligations, this article analyzes the relationship between the exact fulfillment of the former and the creditor satisfaction. In addition, based on the sources, some personal reflections are made as for the procedural claim in case of non-compliance, the payment made after the litis contestatio, and a review of the means of proof in the Roman private process in the Italian doctrine.

Prawno-ekonomiczne ujęcie rolniczej działalności gospodarczej w świetle "Konstytucji Biznesu"

Author(s): Izabela Hasińska / Language(s): Polish Issue: 3/2021

The paper addresses some issues related to the status of agricultural activity in the light of the ‘Business Constitution.’ It discusses the conditions that an individual needs to meet in order to become an entrepreneur in the context of the Entrepreneurs’ Law, and the scope, categories and nature of exemptions to the application of economic activity regulations. The concepts of agricultural activity provide a background for these considerations. Also, this paper makes an attempt to answer the question of whether, in the light of legal acts included in the ‘Business Constitution,’ an agricultural activity can be considered an economic activity and a farmer, who is a natural person, can be considered an entrepreneur. The above classification is related to the problem of applying the ‘Business Constitution’ to agricultural activities. The author concludes that the new legal regulation comprehensively governs matters related to the establishment and pursuit of an economic activity, and, through the legal instruments it implements, helps entrepreneurs to support the development of economic activity. The definition of entrepreneur provided for in the Entrepreneurs’ Law is of a more general and universal dimension. The author finds that in some cases, the legislator extended the definition of agricultural production activity with the sale of partially processed plant and animal products made by the farmer. The paper also addressed the classification of agricultural producers by production size and by the exemptions applicable to certain operators.

Ruch spółdzielczy w energetyce. Nowe trendy w energetyce lokalnej

Author(s): Mariusz Szyrski / Language(s): Polish Issue: 3/2021

The cooperative movement has played a significant role in increasing the competitiveness of the economy and has promoted the European values of solidarity, self-government and democracy. In recent years, the cooperative idea has been linked with the local energy sector – in Europe and in Poland. The decentralization of energy production to local communities – thanks to the incredible development of new technologies in renewable energy – is now becoming a standard in Western Europe. These trends have also been visible in Poland for some time. Unfortunately, in Polish conditions the institution of cooperatives, including energy cooperatives, is negatively associated with the communist era. The main research question, around which the considerations in this article revolve, is as follows – why, despite the existence of a legal basis in Poland from 2016, energy cooperatives have not been created. The article will analyse the legal regulations relating to the functioning of the energy cooperative, taking into account its current status in the energy law.

Данъчни нарушения и наказания. Понятие. Видовe

Author(s): Nina Chilova / Language(s): Bulgarian Issue: 5/2021

According to the applicable law tax offences are realized via common administrative rules, which prove their affiliation with administrative infringements. The substance of tax offences incorporates objective and subjective aspects. The latter have some specific characteristics. Lack of alternative regarding sanctions is one of the special features of tax violations. With respect to types of administrative penalties, imposed for perpetrating tax offences, it could be stated that article 13 of Administrative Violations and Sanctions Act is applicable.

LE PROBLEMATICHE DEI SINISTRI MARITTIMI NEL PENSIERO DI CALLISTRATO

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2021

The research intends to examine the particular methods through which the jurist Callistratus dealt with the problems connected to maritime accidents and in particular to shipwreck, with special regard to the legal repercussions that ensued both in terms of the distribution of consequent risks and in terms of protecting and safeguarding transported goods.

ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS

Author(s): Dragos Lucian Radulescu,Delia Mihaela Marinescu / Language(s): English Issue: 1/2021

The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.

INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 1/2021

The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.

Kredyt obarczony ryzykiem walutowym jako zagadnienie społeczne. Kilka refleksji na temat sytuacji kredytobiorców kredytów indeksowanych do CHF/denominowanych w CHF w kontekście zasady sprawiedliwości sensu largo

Author(s): Aleksandra Nadolska / Language(s): Polish Issue: 2/2022

The phenomenon of Swiss franc mortgages in Poland revealed the ineffectiveness of consumer rights protection and a misunderstanding of the EU idea of balancing consumer contractual rights and obligations towards the trader. The lack of a systemic solution to this issue has led to the fact that currently persons with debts in Swiss francs are in dispute not only with banks, but also with that part of the society which feel disadvantaged by the fact that contracts containing abusive clauses have become cancelled. The PLN borrower’s perspective does not take into account the key factors that determined this pattern of events (even while ignoring the fact that it is not the court’s ruling that makes the mortgage agreement invalid). This article presents and discusses the factors thanks to which the expansion of loans indexed with the CHF rate in 2004–2010 was possible. Based on this analysis, the author proves that unequal treatment of consumers in access to the credit services occurred at that time, and that currently pending litigation cannot take into account the principle of social justice, which does not include goods or services over which the state has no influence, when applying distributive mechanisms.

Abstract nature of demand guarantee as source of efficiency and risk of fraud

Author(s): Ana Cvetković / Language(s): English,Serbian Issue: 2/2017

Autonomy and abstractness of demand guarantee provide simple collection process where the bank cannot issue complaints towards beneficiary which, on the other hand, can be issued by the principal, acting as debtor, towards beneficiary. This specific characteristic of demand guarantee provides advantage of fast and efficient collection, but also brings the risk of fraud. In practice, demand guarantees are often identified as unconditional guarantees or conditional guarantees as documentary guarantees. Therefore, considering it as useful, this work covered some theoretical and practical facts of the demand guarantee, it further explained some terms and guarantee types and it explained Uniform rules for demand guarantees, legal relations and essential elements of demand guarantees as well as abuse during collection process. The aim of this work is to examine the characteristics and acceptability of the demand bank guarantee acting as security means regarding the non-performance of contractual obligations in real-time conditions. Conclusion of this work shows that, for a good reason, the demand guarantee is one of the most used security means regarding fulfillment of contractual obligations, because it provides fast and efficient protection to its beneficiaries, but on the other hand, the fraud possibility should not be overlooked, which must be acceptable ground for payment suspension.

Sprawozdanie z kursu „Local Self-Government and Fiscal Decentralisation in Europe”

Author(s): Gustaw Masznicz / Language(s): Polish Issue: 15/2022

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.