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Status prawny rubryki „Napisali o nas”

Author(s): Agnieszka Grzesiok-Horosz / Language(s): Polish Publication Year: 0

Engaging in the discussion on legal aspects of communication, this paper tackles the question of the legal classification of the part of websites in which news on various local and regional events is uploaded. In order to achieve that, two possible classifications are introduced; one of them treats such materials as simple press information, whereas the other – as a right to reprint eligible under the Act of Copyright and Related Rights, and Press Law Act. The issue discussed is even more interesting since some of the changes indicated have been changed by the document enacted on 11 September 2015; it concerns the changes within the copyright law and the related rights, and the Gambling Act, adjusting them to the European Union Law, and, particularly, the directive 2001/29/WE of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. The paper is a theoretical and juridical analysis of normative regulations and the doctrine through the exegesis of legal acts related to the issues tackled, operating within the framework of historical interpretation.

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Непряката дискриминация в българското и европейското право

Author(s): Lilyana Kaikamdjozova / Language(s): Bulgarian Publication Year: 0

Legal aspects of the indirect discrimination and specifics of the Bulgarian law in connection with the transposition of European law.

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Правните последици на местното арбитражно решение – недостатъци в правния режим у нас и последните стъпки за преодоляването им

Author(s): Margarita Zlatareva / Language(s): Bulgarian Publication Year: 0

This article analyzes the reasons for the mistrust of the arbitration’s activity and discusses the latest legislative amendments in the field – in the Civil Procedure Code (CPC) and the International Commercial Arbitration Act (ICAC), promulgated in the State Gazette, issue 8 of 24 Jan 2017. Firstly, it concludes that in the national source the form has been determined too widely, liberally and with an option for broad interpretation. The latest amendments to Article 7 para 3 ICAC that enlist the procedural actions of the defendant in the arbitration proceedings and satisfy the conditions for a valid arbitration agreement, practically make the framework narrower. The articles suggests that the requirements to the form of the arbitration agreement need to be more restrictive and that some optional forms, such as any “other” communication between the parties or a defendant’s consent by conduct need to be removed. Such conclusion is backed up by a comparative legal analysis of German and Austrian legislation. Secondly, the article comments on the narrowing of the scope of disputes admissible for consideration by arbitration in last amendment of Article 19 para 1 CPC that has taken out of the scope of arbitration agreements all disputes with consumers. As such arbitration judgment needs be declared null and void as it has been made on a dispute that cannot be subject to arbitration the article raises the question about the authority competent to declare it null and void. In principle this could be a civil action to the Supreme Court of Cassation. However, is it possible for the court competent to issue a writ of execution to declare incidentally such arbitration judgment null and void and to refuse the execution writ? The conclusion is that this is a check in the substance of the judgment that would functionally change the proceedings for issuing an execution of writ. Thirdly, the articles points out as a risk in the arbitration proceedings the direct effect of the local arbitration judgment similarly to the effects of the court judgment. Our law does not provide for court’s recognition of local arbitration judgment. However the author finds it necessary for the law to provide for such a court’s “sanction” mostly in the authority of the state (judicial) power to allow for the legal effects of the arbitration judgments only if ther comply with the ordre public that is the state legal order. The latest amendment of Article 47 ICAC removes the possibility for ordre public compliance check by the Supreme Court of Cassation. Such check is not provided in the proceedings for issuing a writ of execution as well. Given the liberal method of creating instutional arbitration courts and/or the lack of criteria for selection of arbitrators it is possible for many arbitration judgments to be made contrary to the principles of equality nd fairness that are fundamental for any administration of justice. The risks of the direct effect of local arbitration judgment could be overcome if the proceedings for issuing a writ of execution include a check of the minimum requirements for the debtor to be notified.

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The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?

Author(s): Andreea Şerban / Language(s): English Publication Year: 0

In a world where technology is progressing at a very fast pace, it is up to the legislator to come up with creative legal instruments that can answer to the newest and most challenging issue that arose and can arise in practice. In the past decades, privacy has become an important resource for the growing businesses or for the ones already renowned in the market that look for a way of expanding their activity. Knowledge is power, data is money – this phrase is representing the core of the present and upcoming companies that wish to develop or distribute their products. The personal information of natural persons are being targeted and used for determining the future and the direction of the market and interest in products and services. Through the present study we shall look at how privacy has been perceived over time, reflected in relevant jurisprudence and legal acts and how it is now understood by both the data subject and the controller. We will study a case that captures the observed practices of obtaining the consent of the data subject for data processing in return for access to certain services, also answering to the following question: is there a value-for-money relationship between the personal data and the benefits received in exchange of processing of information? This paper will cover the issues of monetized privacy and protection of personal data used in trade and commercial businesses, as well as the impact of the European legislation on such activities.

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The Contract of Transportation According to Kosovo Legislation

Author(s): Majlinda Belegu / Language(s): English Publication Year: 0

The contract of transport is a contract based on which the transport of personsor goods is done from a place to the other place. This contract is one of the most important contracts in economy and the field of law of a country. By transport two main functions are realized: a) displacement of working objects for producing a new product and b) displacement of finished from a field of production to the field of circulation. By this paper the conditions for concluding of this contract subjects of this contract, its characteristics, types of transport as well as the ways of termination of this contract, will be explained. The methods of systemic and comparison analysis will be used. Efforts will be made for analysis, comparison and interpretation of norms of transport generally as well as the transport of goods, specifically. Transport of passengers is not included. Relations between contracting parts are not regulated only with the Law on Obligation Relations and they are also regulated with the other specific laws depending on the type of the transport. In the contract of transport, the obligation of transporter is an obligation whose objective is achievement of determined result what he concretely is obliged to send to persons, undamaged or goods, passenger or the sender of goods. If the contract of transport is concluded, then are other transports different. Here there appear various types of contracting relations. With the transport of passengers in one side there is the subject that organizes journey (touristic agency) and the passenger, where as with the contract of the transport of goods as parties could appear seller of goods and transporter or the creator of the item and the transporter.

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Characteristics of the Dissolution of Non-Banking Financial Institutions

Author(s): Claudiu-Daniel Telicenu / Language(s): English Publication Year: 0

This paper deals with a fundamental aspect of the legal framework of companies, i.e. the end of the existence of companies, by dissolution and liquidation. We consider that tackling such a topic is very current and fully justified theoretically and practically. Companies reflect the evolution of the society in which they coexist, being undeniably linked to the economic life of civil society. Similar to natural persons, legal persons are born, they carry out their social life according to the purpose for which they were created and disappear through dissolution and liquidation. The presentness of this paper results, thus, not only from the fact that the existence of companies as "engines" of social life affects the entire civil society, but also from the fact that, in the current economic context, the study of companies’ operations of dissolution and liquidation is extremely appropriate for legal practitioners and others.

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Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes

Author(s): Harsh Pathak / Language(s): English Publication Year: 0

In international business charterparty is a main legal contract of engaging a vessel for transportation of cargo. It is a highly important document since it defines the performance obligations as rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, i.e. the shipowner and the charterer. The proper incorporation, interpretation and understanding of charterparty terms is crucial for chartering business. Therefore, this paper based on the observations of the various judicial authorities, emphasis on the main types of charter and deals with usual clauses qua distribution of the liabilities and expenses between the ship-owner and the charterer. More specifically, type of the charter, important clauses in the charterparty for suitability of the vessel, its seaworthiness, the avoidance of unjustifiable deviations, the ship’s arrival at the port, the loading and discharging operations, the delivery of cargo, liabilities, exceptions to liabilities etc. The instant paper is based on shipping practices followed in accordance with international and English common laws in pre-to-post fixture in execution of chartering process. As chartering is one of the most critical commercial operation under international business contracts with significant operational, financial and legal consequences.The deliberations in this paper is from a contractual and legal perspective to understand this special purpose contract for better execution and avoidance of disputes.

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Guarantees, Rights and Obligations in International Trade through Electronic Media

Author(s): Manole Decebal Bogdan,Alisa Valeria Toma / Language(s): English Publication Year: 0

The virtual world and artificial intelligence are a daily "reality". The electronic environment defined as On-Line has taken over a large amount of commercial transactions from the classical environment. Classical trading allows you to meet your partners and negotiate directly. In the international trade from On-Line the partners are not often known and they act on a trust given by the community. Business guarantees no longer fall within the attribute of the state (community of states) that confirms the verifiable existence of the company by registering with the Trade Register and/or by fiscal registration. There is no guarantee in e-commerce! The reliable guarantee of the partner's creditworthinessis the system based on trust and the opinions of the other partners who have used transactions before. There are situations in which the provider does not exist in the form presented on the web page. There are situations in which the partner company only has an Internet domain and in reality, it does not exist. Our paper opens a number of issues that can be debated starting with the statute and the legal definition of companies that actexclusively on-line as "legal persons of private law in the online environment". We assistand participate in a new society that has no defined regulations. How, Who and When will it be able to regulate it?

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Constitutional Guarantees for Ownership Rights and the Development of the Market Economy

Author(s): Ivan Pankevych / Language(s): English Publication Year: 0

This paper presents an analysis of constitutional guarantees for ownership rights set in the key legislation of European states and their impact on the market economy growth. It focuses primarily on the evaluation of the guarantees set in the Constitution and other acting laws of Ukraine granting the ownership rights. In this study, the author employed such research methods as logical, observation, comparative law analysis, etc. The market economy is the opposite of planned economy since decisions are made on production, distribution, pricing, or investments by the owners of production means guided by their interests. Therefore, the topic of constitutional guarantees for ownership and the development of the market economy in post-Soviet and post-Socialist European states can be considered exclusively upon their regained independence (in case of former Soviet Union republics) or upon the collapse of the Socialist system and the termination of activities of the Council for Mutual Economic Assistance (in case of most European post-socialist states). A state would always pursue to restrict private ownership. The right cannot be considered as absolute but it shall be reliably protected by the state against any claims. Ownership rights, in line with such rights and freedoms as freedom of entrepreneurial activity, freedom of contract, freedom to choose the place of employment and residence, establish the legal framework for the market. This article may be of value to students of law and economics faculties, experts in the theory of law, constitutional law, and civil law.

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Членството на България в Европейския съюз: седем години по-късно

Author(s): / Language(s): English,Bulgarian

This book collects scientific papers and reports presented on the conference ‘The Membership of Bulgaria in the EU: Seven Years Later’ organized by the International Economic Relations and Business Department at University of National and World Economy (UNWE), Sofia, Bulgaria. The conference, held on 3 October 2014, traditionally provided a stage for prominent academics, dedicated PhD students and professionals to discuss contemporary topics related to multiple aspects of the European integration, its effects on the Bulgarian economy, socio-economic environment, international business and relations, finance and politics. The authors in this edition of the book thoroughly reviewed the economy of the Euro area and the EU as it progresses after the latest recession. A Group of authors focuses attention on the banking sector, monetary aspects and inflation, the development in the Economic and monetary union within EU, the Single Supervisory Mechanism and the overall competitiveness and recovery of the European markets. Cross-border partnership with EU neighbours and related instruments, cohesion among the EU member states, experience with the European funds and corresponding public procurement process are another thematic cluster discussed in the book. The researchers increasingly examine subjects related to the energy policy and security, the EU energy policy development and actions in particular. The contributors review matters related to the renewable energy sources, the establishment of the European Energy Union and other institutional and policy developments on supranational level. Another thematic cycle in the book is related to matters concerning the corporate management, business strategy and marketing, new markets expansion and interculturalism. This is intertwined with papers dedicated to the education, human resource involvement and adaptation to the working environment, research and innovation. ‘The Membership of Bulgaria in the EU: Seven Years Later’ is an annually organized academic event with the vision to foster open dialogue, offer contemporary research and exchange of ideas between fellow academics, policy makers, businesses, stakeholders and the public.

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Правна уредба на търговската тайна в българското право

Author(s): Deyan Dounavski / Language(s): Bulgarian Publication Year: 0

Confidential business formation just like the patents and other intellectual property rights, needs to be effectively protected because it can provide competitive advantage. The adoption of the Law on the Protection of Trade Secrets in 2019 overcame the shortcomings of the previous fragmentary regulation in Bulgarian Law and alligned the legal protection of trade secrets with the European legislation and in particular with Directive (EU) 2016/943.

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Данъчни правни отношения съгласно действащото законодателство

Author(s): Nina Chilova / Language(s): Bulgarian Publication Year: 0

Legal tax relations can only exists as legal relationships. They are specific legal bond between at least two subjects, which arises in the presence of certain legal fact or facts provided in the hypothesis of the tax norm. Underlying types of legal tax relations are pure (monetary) and unreal (organizational). In addition, the relationships, according to their structure, could be bilateral or trilateral. The law regulates various categories of complications, which may occur regarding the subjects and the facts comprised in the legal tax relationships.

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Социални и икономически последици за българското кино от приемането на измененията в закона за филмовата индустрия /2021 г. /

Author(s): Diana Andreeva-Popyordanova / Language(s): Bulgarian Publication Year: 0

This analysis examines the amendments to the Film Industry Act, the Regulations for the Practice of the Film Industry Act through the prism of social and economic aspects on the Bulgarian film industry. The market and non-market defects in the film industry and the change of market rationalism in the film process are considered. The procedure for preparation of amendments to the Law on the Film Industry is analyzed, reflecting the violations in the stages of coordination, adoption in the National Assembly of the Republic of Bulgaria, as well as the process for preparation of the bylaws. The expediency, efficiency and effectiveness of state aid for the film industry are reflected, as well as the problems with the control of public finances and methodology for assessing and measuring economic effects of the reimbursement scheme for foreign productions shot in the country.

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Правен режим на търговията с хранителни добавки в България

Author(s): Borislav Atanasov / Language(s): Bulgarian Publication Year: 0

Each economic activity, including the trade one is done in compliance with a certain regulatory regime. The European legislation is transposed into the Bulgarian practice through the respective legal acts; it ensures certain level of competitive environment between the economic organizations and consumers protection in the purchase process. In recent years, the advertisement of different types of food supplements through different communication channels has become more widespread and this provides the possibilities to consumers to make a purchase through more than one trade channel. In this study, based on the examination of the current legislation in the field of the trade with food supplements, an attempt to define the main principles of the regulatory regime in doing this economic activity in both commercial and non-commercial form of trade is made.

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Общоизвестните марки като обекти на особен залог, приложимо право и особености

Author(s): Mihaela Mihaylova / Language(s): Bulgarian Publication Year: 0

The well-known trademarks are a key factor in the corporate image and corporate identity building. They are an asset that, if measured in money, could potentially skyrocket a commercial enterprise to the top of the market. Contractual relationships and legal institutions associated with well-known trademarks are often obscure and imperfect. The question arises to what extent the legal framework of a special pledge of a trademark and specifically of a well-known trademark meets the requirements of commercial and civil turnover. The current article gives an overview of the peculiarities of the applicable law in the field of special pledge and well-known trademarks.

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Podmiotowe i czasowe aspekty ochrony informacji poufnych stanowiących tajemnicę przedsiębiorstwa – zarys problematyki

Author(s): Mateusz Gawroński / Language(s): Polish Publication Year: 0

The article outlines the subjective and temporal aspects of the protection of confidential business information (trade secret). As a result of the amendment of the suppression of unfair competition act, the scope of persons entitled to trade secret was extended from entrepreneurs to 'non-entrepreneurs'. The time limits of the protection of the right to trade secret are limited by the state of confidentiality of the information and its economic value.

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Granice dopuszczalnej modyfikacji ustawowej zasady reprezentacji spółek kapitałowych przez zarząd

Author(s): Izabella Zagórna / Language(s): Polish Publication Year: 0

Capital companies are the dominant organizational and legal form of Polish enterprises. The issue of performing legal actions by commercial law companies is one of the most important political issues of these entities, which makes company representation one of the most up-to-date aspects of private law. The author analyses the questions concerning the issue of contractual admissibility or statutory differentiation of representation of the enterprise by the members of the board in terms of its entity and subject matter, as well as the effectiveness of such restrictions against third parties.

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Zdolność rejestracyjna zapachu jako znaku towarowego

Author(s): Aleksandra Kopacz / Language(s): Polish Publication Year: 0

The need to protect fragrances as trademarks has been present on the market. Under applicable EU and national regulations, registration of this type of trademark is theoretically acceptable. The article discusses the changes in the definition of a trademark due to the use of modern technologies and the need to adapt them to the internet age. The key rulings for registering an fragrance as a trademark are cases: Sieckmann (C-273/00) and Eden SARL (T-305/04). Within their context, the author analyses the methods to present a fragrance, which require specialist knowledge and tools, for instance, sending a fragrance in electronic form so as to make its identification possible.

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The Unilateral Promise to Enter a Contract

Author(s): Diana-Geanina Ionaş / Language(s): English Publication Year: 0

The conclusion of a contract can occur in a spontaneous manner, by unequivocally accepting an offer, or preceded by negotiation between parties, whether extensive or simpler. Within these negotiations, the parties can conclude certain preparative contracts which precede the conclusion of the main contract. Among these is the unilateral promise to enter a contract. In practice, it is often difficult to choose between the options provided by the lawmaker so that the document is an accurate expression of the parties’ will. Therefore, legal construction requires clear and precise theoretical approaches that establish the validity conditions, the nature, and legal effects of the contract to efficiently protect the parties. The current paper presents an extensive study of the unilateral promise to enter a contract, from a historical perspective, by pointing out and commenting on the controversial aspects of specialty literature. By using the comparative method, the paper describes the institution of the unilateral promise to enter a contract in relation to other systems of law, thus being a useful tool for both doctrinarians and practitioners.

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Предаја ствари купцу у уговору о продаји

Author(s): Ilija Babić / Language(s): Serbian Publication Year: 0

In a sales contract, it is the duty of the seller to transfer ownership of the thing (goods) to the buyer. The seller will have fulfilled his obligation when he has delivered the goods to the buyer, i.e., has provided him with the right of ownership of the goods being sold (when such right is the subject of a sale). Generally, in most European legal systems (Serbian included), in order to acquire ownership it is necessary not only that the contract be concluded (causa, titulus) but also that the goods which are the subject of a sale be delivered to the buyer (modus acquirendi). At the moment of delivery, the risk of loss or damage to the goods passes to the buyer. On the other hand, the French, Swiss and Italian civil codes include the rule stipulating the ownership of the goods (being the subject of a sale) is transferred to the buyer at the moment of the conclusion of a contract. From that moment on, the buyer bears the risk of accidental loss or damage to the goods (the right). Acquisition of the right of ownership over the sold goods, however, differs depending on the type of property (movable or immovable). The subjects of the sale and delivery include: the principal thing (the principle right), the appurtenance, and the fruits.

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