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Устойчиво земеделие – глобални идеи и локалното им приложение в България. Тенденции и нагласи

Author(s): Atanaska Stancheva / Language(s): Bulgarian Issue: 2/2017

The aim of the article is to show how and to what extent global ideas for sustainable development and use of natural resources are understood and implemented in Bulgaria by revealing and analyzing some of the specifics of two parallel and interconnected trends aimed at achieving sustainable agriculture. These are organic farming and relocalization of food through the implementation of the concept of food sovereignty represented on the local level by Hrancoop movement. The views of the bio-farmers and their connectedness to the concepts of alternative agriculture are also presented, as well as the policies, regulations and subsidies in the agricultural sector and the protection of the environmental. Crucial for the producers are personal motives, interest and experience rather than particular global ideas.

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10 lat członkostwa Polski w Unii Europejskiej. Skutki włączenia do jednolitego rynku europejskiego

Author(s): Małgorzata Czermińska / Language(s): Polish Issue: 1/2014

The inclusion of Poland to the common market for goods meant the abolition of customs duties and quantitative restrictions on agricultural products in mutual trade with the countries of the European Union (customs duties on industrial goods have already been abolished by the Europe Agreement) and the application of the Common Customs Tariff on imports from third countries. Freedom of movement of goods after the accession to the EU accounted for Polish entrepreneurs a chance, because the fulfillment of EU norms and standards means full access to the common market, amounting to more than 500 million inhabitants. Particularly noticeable was the impact of accession on foreign trade, which, thanks to the membership not only gained easier access to the common market, but also new opportunities to increase trade with third countries. Since Polish accession to the EU gradually increased trade in agricultural products as well as their participation in the Polish foreign trade. Emigration of Poles also increased significantly, especially to countries that with effect from 1 May 2004 opened their labor markets, namely the United Kingdom, Ireland. In the final evaluation of the benefits of joining the common market and free movement of goods, persons, services and capital far outweigh, in both the scale of the economy and at the micro level, the costs associated with membership in the European common market.

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Българската обичайна система на наследяване и обичайните системи на наследяване във Франция и на мароканските бербери − опит за сравнение

Author(s): Kamen Dontchev / Language(s): Bulgarian Issue: 4/2018

The article is an attempt to compare the customary law system of inheritance in the Bulgarian rural traditional society with that of France. A parallel is made with the customary law system of the Berbers in Morocco as well. The significant difference between the Bulgarian and the French customary law systems of inheritance is that the first one is uniform as a whole, while in the second case is characterized by the existence of different types of customary law systems of inheritance in various regions of the country.Another important benchmark for the comparative analysis is the fact that according to the Bulgarian customary law system of inheritance only the sons have the right to inherit the estate of the deceased. It is pointed out that this peculiarity of the system of inheritance is also characteristic of some areas in France and the reasons for this are discussed. The principle of inheritance in question is also characteristic of the customary law of the Moroccan Berbers – local, pre-Arabic population of Morocco. In support of this, some information is given about their customary law of inheritance.

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Правозащитници и природозащитници в медиен контекст

Author(s): Maria Deenitchina / Language(s): Bulgarian Issue: 5/2019

Human rights defenders and environmentalists can be found in media content depending on the context which is influenced by different factors. We analyze 4 newspapers, oriented in different directions and showing different attitude towards the problems. Their implications may be hidden or more obvious and the role of the journalist in this field is of great importance. The final aim of the research is to find out if presenting of the problems is in public interest or it is influenced by different reasons.

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CLIMATE CHANGE: THE POLITICS AND CHALLENGES IN PERSPECTIVE OF THE INTERNATIONAL ENVIRONMENTAL LAWS

Author(s): Abbas Sheer,Li Shouping,Fatima Sidra / Language(s): English Issue: 2/2019

This article consists of five major parts. It includes the analysis of politics and international cooperation on climate change and the legal environmental scenario and implementation, trends and litigation concerns faced by climate change. The Paris Agreement of Climate Change (2015) and Sustainable Development Goals (SDGs) of the United Nation are the two main players at the global level to target greenhouse gas emissions as a voluntary framework. These guiding principles relating to the environment for sustainable development are evolving over time and did not shape as customary law. The ultimate solution lies in understanding the problem intensity through growing scientific facts about the impacts of climate change.

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The Corona warning APP of the German Federal Government

Author(s): Robert Müller-Török,Alexander Prosser / Language(s): English Issue: 02/2021

Since June 17th, 2020 the Corona Warn App of the German Federal Government has been available for download. After a sharp increase downloads stagnate around a total of 20 million, which is roughly one fourth of the population. Whether everyone who downloaded it actually uses it, is questionable. Objectives We want to show that the underlying concept of an app is questionable, even if each inhabitant with a smartphone downloads and uses it, it would cover barely half of each encounter where COVID-19 could actually be transmitted. Prior work This work is the scientific, extended version of a short article we published in the September 2020 issue of the “Behördenspiegel”, a monthly magazine covering German public administration issues. Approach We use statistical methods to show that, (i) even in the very best case with a perfectly working app the coverage would have been roughly half of all relevant encounters (ii) and that the voluntary usage of this app as well as the free decision of the infected individual to publish its (anonymized) data to warn others in fact reduces any effectiveness considerably. In addition we show that (iii) due to the design of the app there is a likely limit where the app will not be able to warn its users for mathematical and cryptographical reasons. Results We demonstrate by statistical means that this app could never have worked and why similar apps neither would work, let aside probably the “Trace Together” initiative of Singapore, which is based on a combination of an app plus physical tokens for those who do not own nor use smartphones (https://www.tracetogether.gov.sg/). We define some requirements a successful COVID-19 tracing solution must fulfill. Implications We show that such apps are not a solution for the problem, rather an obstacle to a real solution, because they lull their (few) users into a false sense of security which is obviously wrong, based on real figures. Value The paper contributes to transparency of government action during the COVID-19 pandemic. We show that other ways of contact tracing must be pursued in order to be effective and hinder the pandemic from escalating rather than providing a false feeling of safety.

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TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

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„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

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THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

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ГЛАСЪТ НА ЖЕНИТЕ В РИМ. ИСТОРИЯ, КОЯТО РАЗРУШАВА МЪЛЧЕНИЕТО И НЕРАВЕНСТВОТО

Author(s): Amelia Castresana / Language(s): Bulgarian Issue: 2/2020

Nowadays, on the iconic date of March 8th, thousands of women and men fill the streets of our cities to make visible gender inequality. In such a feminist mobilization, voices are raised against the pay difference and the discrimination in the workplace, domestic and sexual violence, and calls in favor of equality between men and women are written in capital letters. Everyone listens, reads, understands and shares these legitimate demands of women. However, these demonstrations have their origins in Ancient Rome. More than 2000 years ago, Roman women went to the streets to protest publicly against sexual violence and abuse of power by men. The article traces the various stages of this protest, as well as in particular the measures regarding the exclusion of women from political life and the restriction of their labor initiative.

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ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

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NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

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DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

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THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

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DALLA CULTURA DELL’'EDUCAZIONE DELL'ANTICA ROMA ALL'INTEGRAZIONE DEI MINORI STRANIERI E ALL'EDUCAZIONE MULTICULTURALE

Author(s): Carmela Zaffino / Language(s): Italian Issue: 2/2020

From Rome come the educational and humanism principles that inspired our culture. In light of these principles, the problem of immigration is analyzed in particular of foreign minors, who have made up a significant part of the migration phenomenon in recent years. The educational debate on multiculturalism that has been addressed among researchers wants to overcome the concept of emergency policies and aims to address reception in a systematic way. In the foreground, action must be taken to improve inclusion practices and that must be dealt with organically in order to implement the constitutional principle of the right to study. In the part that deals with intercultural education, pedagogical science, in an attempt to respond to various needs and different educational realities, aims to implement the regulations on multicultural education. The work outlines some of the main laws enacted for the regulation of the migration phenomenon and the school legislation envisaged for the inclusion of foreign minors.

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Fidelity and Integrity in the Relationship between Employee and Employer

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2023

The present text aims at a conceptual analysis of the legal and moral bases involved in building and understanding the employment relationship between employer and employee from the point of view of the idea of employee fidelity to the employer. That is why the text contains, on the one hand, a legal analysis of the presumptive primacy of the employer's interest in the employee in the partnership assumed by the employment contract, especially when the employee's obligation to fidelity to the employee is associated with the idea of loyalty, and on the other hand, the article goes beyond the legal framework of the employment relationship to that of the social and moral philosophy that the employee-employer relationship assumes. For example, in the core of the moral philosophy analysis is debated the theoretical basis on which a tacit assumption of the organizational values that the employee accepts by signing the employment contract can be based and by virtue of which the employer in turn can justifiably request from the employee a fidelity and loyalty beyond the explicit provisions of the employment contract. Finally, the article tries to show that an integrative concept such as integrity, borrowed as an extension from the field of business ethics (codes of ethics and professional integrity), can be a useful solution in the balanced distribution and understanding of obligations and permissions between employee and employer in the case of the unwritten moral area of the employment contract.

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Unbacked Cryptomoney, Fiscal Evasion and Environment Tax: Some Policy Recommendations in Europe

Author(s): Camille Boulanguer,Sarah Goldman,Maya Jandah,Tsvetelina Marinova / Language(s): English Issue: 1/2024

In a 2019 New York Times article, Paul Krugman declared himself a “crypto skeptic” and shared his pessimistic predictions for cryptocurrencies. Nevertheless, unbacked cryptomoney is now very important in our societies and has revolutionized the monetary and financial landscape as exemplified by the increased pressure from competent regulators to monitor and regulate it. Cryptocurrencies are described by their high volatility that permits regulators to define them as non-safe financial assets when it comes to energy consumption. The anonymous property of cryptocurrencies opens the door to tax evasion, making it especially susceptible to avoiding environment-related taxes aimed at tackling negative impact of climate change. Against this background, the paper sets a twofold aim: to demonstrate that unbacked cryptomoney is volatile and it may pose a threat to financial and fiscal stability; and to develop the idea that, given their different degrees of anonymity and their decentralisation nature, cryptocurrencies could actively participate in the process of tax evasion and therefore incur high costs for countries. Given the general ecological condition and ensuing concerns, it is clear that avoiding eco-taxes represents a serious issue since money from eco-taxation could have been invested in environmental social and governance projects. Therefore, a clear and compelling legal framework should be implemented worldwide to reduce the tax evasion phenomena via cryptomoney channels.

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БЕЛЕЖКИ ПО ВЪПРОСА ЗА ПРОИЗХОДА НА ЗАКОНА ЗА СЪДЕНЕ НА ЛЮДЕТЕ

Author(s): Boris Velchev / Language(s): Bulgarian Issue: 1/2024

The study is dedicated to the question of the origin of the Zakon Soydnii Ludem. It examines the connections of the original provisions of the law, which are not borrowed from the Ekloga, with the Responsa Nikolai Papae I ad consulta Bulgarorum. It is concluded in in the study that such connections cannot be established with certainty, but they also cannot be rejected. Furthermore, the question of the significance that this law had in Russia during the 13th century is discussed, linking it to the possible reception of the law in Russia during its baptism in the 10th century.

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LAESIO ENORMIS – ПРЕКОМЕРНОТО УВРЕЖДАНЕ В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД РЕСКРИПТИТЕ НА ИМПЕРАТОР ДИОКЛЕЦИАН В ЮСТИНИАНОВИЯ КОДЕКС (CJ.4.44.2; CJ.4.44.8)

Author(s): Methody Todorov / Language(s): Bulgarian Issue: 1/2024

Laesio enormis is based on two rescripts of Emperor Diocletian in the Codex Justinianus (CJ.4.44.2, CJ.4.44.8). This institution does not exist in classical law, nor is it found in the Codex Theodosianus. The article justifies the issuance of the rescripts by Emperor Diocletian and the authenticity of part of the text, as well as the presence of interpolations in other parts of it. With their inclusion in the Codex Justinianus, a generalization of a legal authorization given for a private case and an exclusive hypothesis was made, and with the reception of the Codex Justinianus since the Middle Ages, this legal institute was adopted as a principle of contract law. The paper analyses his reception in canon law-the decretal Cum dilecti (Decr.Greg.3.17.3) of Pope Alexander III.

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За индексирането на научните списания в юридическата наука

Author(s): Slavka Dimitrova / Language(s): Bulgarian Issue: 4s/2024

The purpose of the article is to present the problems faced by the Bulgarian legal science in the context of the global orientation towards publications in journals indexed in the world databases Scopus and Web of Science. A critical analysis of the international character of leading scientific journals in the field of law has been made. In the study, the method of comparative analysis was applied, in which a comparison was made with the level of publication in the field of legal science compared to natural and engineering sciences. Conclusions and recommendations are formulated, which should be taken into account when preparing the policies of the Ministry of Education and Culture.

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