We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

4.50 €

Понятието за публично вземане и неговото развитие в българското право

Author(s): Donka Pehlivanova / Language(s): Bulgarian Publication Year: 0

A state's fiscal policy is a key pillar in its governance and provision of necessary funds in the form of public claim. Without the latter, the state as an organizational unit could not exist and develop. The task of the report is to trace the development of the concept of public revenue in Bulgarian law, being limited in the period from the establishment of the Third Bulgarian State to this moment. Accordingly, three stages will be examined in turn, namely: first stage – Kingdom of Bulgaria, second stage – Bulgaria during socialism and third stage – revenue legislation in modern development.

More...

4.50 €

Предпоставки за предявяването на иск за неоснователно обогатяване след прескрибирането на менителничния ефект

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

Pursuant to Art. 531, para.1 of the Bulgarian Commercial Act, the claims regarding the bill of exchange against the payer shall be repaid within a three-year prescription from the maturity day, while pursuant to Art. 532 of the Bulgarian Commercial Act, the prescription period shall be interrupted only in respect of the person against whom the act was committed. The same rules regarding the prescription apply to the promissory note (arg. Art. 537 of the Bulgarian Commercial Act).With the expiry of the three-year prescription period, the applicant’s right of claim shall be extinguished, with a legal basis Art. 417, item 10 of the Bulgarian Civil Procedure Code.The expiration of the prescription period under Art. 531, para.1 of the Bulgarian Commercial Act does not extinguish the right of the bearer of the promissory note to demand from the debtor the payment of the due amount. Art. 534, para.1 of the Bulgarian Commercial Act enables the holder of a security order to lodge a claim for unjust enrichment against the issuer or the payer upon them, when:1. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to prescription; 2. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to failure to take the necessary actions to preserve the rights thereon.Insofar as no comprehensive study of the subject is made in the specialized legal literature in Bulgarian, this article is the first in the contemporary Bulgarian legal doctrine a detailed analysis of the theoretical and practical problems of the claim, with a legal basis Art. 534 of the Bulgarian Commercial Act.The article also provides a detailed critical analysis of the case law of the Supreme Court and the Supreme Cassation Court of the Republic of Bulgaria on the subject, as well as a comparison with the old practice of the Supreme Cassation Court of the Kingdom of Bulgaria.A number of practical and theoretical hypotheses have been considered, including the issue of the debtor's unjust enrichment on the bill of effect, the objection of "cashlessness" of the bill of exchange, and other options for the development of the court proceedings on the claim, with a legal basis of Article 534 of the Bulgarian Commercial Act.

More...

4.50 €

Перспективата на преюдициалното запитване пред Съда на Европейския съюз по закона за мерките срещу изпирането на пари

Author(s): Joanna Shuleva / Language(s): Bulgarian Publication Year: 0

The prospect of the reference for a preliminary ruling before the Court of Justice under the Anti – Money Laundering Act is based on the hesitant application of the principles of EU law in money laundering cases. The purpose of the reference for a preliminary ruling is to achieve uniformity in the application of the rules of EU law and this depends to a large extent on the Court of Justice and on its interaction with national courts.

More...

Download

Организирано туристическо пътуване: елементи, етапи, договори

Author(s): Zlatina Karadzhova,Zahary Tormanov / Language(s): Bulgarian Publication Year: 0

The contribution of tourism to the development of national economies is substantial and, in the long term, is steadily increasing. The rapid development of the tourism industry raises the need for adequate legal regulation of tourism activity internally, and internationally there are clear tendencies to align the legal framework and achieve common standards for tourism. The report examines the elements, stages and contracts for organized travel. The aim is to expose the product to the tour operators, which is also the object of the survey. The striving is to cover as fully as possible the analyzed issues.

More...

Download

Правото на предложения по включени въпроси в дневния ред – национално и наднационално законодателно средство за ангажиране участието на акционерите в дружествата на ЕС

Author(s): Zlatka Vangelova / Language(s): Bulgarian Publication Year: 0

This research discusses the existence of tendency at a national and supranational level in EU for engagement of more active shareholder participation in the joint-stock companies with the purpose of more optimal corporate governance and enhanced companies’ competitiveness. As a proof is used the availability of legal regulation of the shareholder’s right to include draft resolutions on the agenda both at a supranational level in Directive 2007/36/EC for listed companies and at a national level in a number of European legislations for privately held companies. A synopsis of the regulation of the right to include draft resolutions on the agenda in closely held companies in Germany, Austria, France, the United Kingdom and the Russian Federation is made.

More...

Download

ДЕЙСТВИЕ НА СТОПАНСКАТА НЕПОНОСИМОСТ В НЕМСКАТА ПРАВНА СИСТЕМА

Author(s): Ivaylo Ikonomov / Language(s): Bulgarian Publication Year: 0

The report analyzes the approach of legislature and judges towards the implementation and application of the hardship doctrine in German civil law. The study is focused on the historical evolution of hardship in the German legal system and the contemporary prerequisites for its application and effects thereof. The codification of hardship in German law in § 313 of the Bürgerliches Gesetzbuch in 2002 is considered in the international legal community as the most balanced and just approach in dealing with change of circumstances due to its flexible and open nature. Because the German approach has similarly been adopted by the Bulgarian legislature in art. 307 of the Commercial Code, its in-depth study is instrumental in improving the understanding and application of hardship with regard to the sustainable development and progress of Bulgarian commercial law.

More...

4.50 €

Заплашване при договарянето

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

The article addresses the main lines of the historical development of the institution, through a comparative perspective, from the beginning of the XIX century until today. It refers to the regulation of the civil laws – models of continental legal system (French and German), together with this of the Italian and Bulgarian law. The elements of the factual composition of this ground for annulment of the contracts [under Art. 30 of Bulgarian Law of Obligations and Contracts (LOC)] are stated. A brief analysis of the regulation of soft-law sources is made.

More...

4.50 €

Павловият иск и неговите проявления в съвременния граждански и търговски оборот

Author(s): Yordanka Noneva-Zlatkova / Language(s): Bulgarian Publication Year: 0

Civil and commercial relations in today’s realities of technological and technical progress are developing at an extremely fast pace so as to respond to civil and commercial situation. Despite this progress, Actio Pauliana continues to exist in today’s legal reality. It is an institution that has retained its significance since the time of Roman law and is still evolving today. This material represents an analysis of the case law under Art. 135 of the Bulgarian Law on Obligations and Contracts, highlighting the significance of the Interpretative Decision No. 2 of 09.07.2019 in case 2/2017 of the General Assembly of the Civil and Commercial Division of the Bulgarian Supreme Court of Cassation for unification of jurisprudence and making a parallel with the Actio Pauliana in the commercial law and its specific features.

More...

4.50 €

Проблемни въпроси при прилагането на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 от ТЗ за вписване на решения на Общото събрание в търговския регистър

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian Publication Year: 0

The subject of the report deals with some issues in the application of Art. 140, Para 3 and Art. 230, Para 3 of the Commercial Act concerning the entry of decisions of the General Assembly of a capital trading company in the Commercial Registry. Court practice on the application of Art. 140, Para 3 of the Commercial Act in particular has been analyzed. Proposals de lege ferenda are made.

More...

4.50 €

Отговорност за вреди на участниците в процедурата по издаване на европейска заповед за запор на банкови сметки

Author(s): Radostina Nikodimova / Language(s): Bulgarian Publication Year: 0

Regulation (EU) No 655/2014 establishes a differentiating procedure for issuing a European Account Preservation Order for the collection of claims in civil and commercial cross-border cases. Each of the parties involved must comply strictly and in good faith with the rules of the Regulation and national law.Any violation affects the security of civil and commercial turnover at the supranational level. This statement seeks to clarify the liability of entities in the cross-border procedure for issuing a European Account Preservation Order.

More...

4.50 €

Задължението на синдика да информира известните чуждестранни кредитори в производството по несъстоятелност

Author(s): Daniel Yordanov / Language(s): Bulgarian Publication Year: 0

The subject of the report is the duty of the insolvency practitioner to inform the known foreign creditors of an entity in insolvency proceedings, as provided for in Art. 40 of Council Regulation (EC) 1346/2000 and in Art. 54 of Regulation (EU) 2015/848 of the European Parliament and of the Council. The approaches of each of the Regulations are examined, as well as the subsequent problems arising from their application in Bulgaria. The applicable case-law of the Bulgarian courts is also reviewed.

More...

4.50 €

Повторните ревизии по Данъчно-осигурителния процесуален кодекс (ДОПК)

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

The topic of repeated tax audits under the Tax-Insurance Procedure Code (TIPC) is of great interest in practice, due to the fact that they are often assigned and their legislation is quite scarce. Little attention has been paid to this issue in legal literature, but it has raised many questions over time, which have been the subject of comment both in the practice of the National Revenue Agency (NRA) and in court practice.This research aims at examining the specifics of the grounds, assignment and performance of audits. The article analyzes and summarizes the court practice and the practice of the NRA, discusses the most important and controversial issues related to this topic.

More...

4.50 €

Процесуални въпроси относно оспорването на нищожен ревизионен акт

Author(s): Valeri Radanov,Vanya Valkadinova / Language(s): Bulgarian Publication Year: 0

The procedural issues for challenging invalidated audit certificates under the Taxation and Social Security Procedure Code are raised by their contradictory resolution in the case law. Their ambiguous response makes it difficult for legal entities to exercise their rights to defense and the judiciary to apply the law. The crucial point is that these contradictions affect the fundamental rights of the persons concerned and these need to be harmonized.

More...

Download

Impactul jurisprudenței Curții Constituționale și a Înaltei Curți de Casație și Justiție în materia societăților comerciale

Author(s): Dragos Daghie / Language(s): Romanian Publication Year: 0

Law no. 31/1990 celebrates this year 30 years of existence and applicability, being, along with other special regulations, one of the longest-lived normative acts, at least those adopted after 1989. Of course, given the time of its entry into force, the Companies Law has undergone changes, some necessary due to the need to update it and capture the realities of society (such as the amendment to Law No. 441/2006) but also other barbaric intrusions, unnecessary, not that they were a required and justified by any change in trade conditions (such as the amendments made by the Civil Code 2011 and the Implementing Law). Of course, Law no. 31/1990 also underwent interpretations or modifications depending on the jurisprudential decisions taken by the courts or by the court of constitutional contentious, some necessary and explainable, others useless and incomprehensible. Without having in the perspective of the present analysis the exhaustion of all the cases in which the jurisprudence had an impact on the Companies Law, I intend to present some of the situations in which the decisions of the courts have repercussions on the commercial life

More...

Download

Efectele Deciziei nr.1/2020 pronunţată de Înalta Curte de Casaţie şi Justiţie, completul pentru dezlegarea unor chestiuni de drept în materia insolvenţei

Author(s): Candit-Valentin Vernea / Language(s): Romanian Publication Year: 0

By this paper, the author analyzes a recent issue regarding insolvency procedures, by which, prima facie, the relation between public and private interests is reconfigured. The first part concerns the manner of development and the nature of the regulations relating bankruptcy proceedings, namely insolvency proceedings. The author indicates the role and responsibilities of the syllable judge, both from a historical perspective and in the current regulation. In the second part, the author analyses the nature of the institution of seizure insurance in criminal matters and its effects in insolvency proceedings, concluding in the same manner as in Decision no.1/2020.

More...

Download

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus

Author(s): Cristina Ioana Florescu / Language(s): Romanian Publication Year: 0

As a result of the coronavirus crisis, it seems inevitable that the number of commercial disputes will increase and, in this environment, arbitration has proved an agile, resilient and also flexible, adaptable mechanism to the challenging times to which it is subjected. However, arbitrations have continued during the crisis not just because of the scope for controversial situations arisen due to pandemic, but also because some court litigations have been postponed or stopped for a while and especially due to the extended court closure arising from the pandemic restrictions. Therefore, the viable solution remained arbitration. Arbitration growth its strength with parties selecting it over litigation for more different practical reasons, even from the negotiation stage, when parties expressed more inclination and interest towards arbitration. The impact of coronavirus has forced arbitral institutions, parties, their counsels and other participants to act and quickly adopt new modern means of electronic case management tools to convene virtual hearings. In this respect, protocols and relevant guidelines to remote procedure have been promulgated in order to offer the necessary flexibility, the tools and a steady mechanism required to resort to arbitration. The arbitral institutions contributed to the arbitration stability and foreseeability by cooperating and issuing guides for the use of the technology in the most effective and efficient possible way, to achieve a world prepared to face this new coronavirus era. That is why we consider that these virtual tools should be adopted also for the future, to benefit of them in the post pandemic era.

More...

Download

The professionals’ duty to inform versus the duty to advise the consumers in the field of banking services: are the legal remedies adequately shaped?

Author(s): Juanita Goicovici / Language(s): English Publication Year: 0

The study addresses the issue of the level of interweaving between the banking obligation to inform and the obligation to advise in relations with consumers in the field of banking services, while accentuating the roles played by the informative formalities in this specific domain. While the epitome of the professionals’ duty to inform the consumers is represented by the banking professionals’ mandatory legal obligation to present, in the precontractual phase, a set of neutral substantial information available to the consumer on the objective, technical contractual terms, oriented towards the formation of a valid, informed consent, the specific content of the pre-contractual duty to inform the consumers refers to: (a) the informing of the consumer on the essential characteristics of the finan- cial services; (b) the informing of the consumers on the security of a banking investment product the risks of which are superior to the average acceptable risks. The banking professionals’ duty to advise the consumers designates the obligation to orientate the consumer’s choice which regards the potential contractual terms, oriented towards the providing of value judgements fixing the pertinent references for the consumer’s option for the most adequate contractual terms, especially in terms of the evaluating of the opportunity to accept a particular configuration of the contractual terms. Particularised by its specific functions, consisting in the orienting of the client’s choice between different types of offers elaborated by the professionals, the duty to advise the consumers permits the calibrating of the contractual field as correlated to the consumer’s specific, concrete necessities. Implying the providing of subjectively calibrated advise, of individually con- figured value judgements or of personally adapted financial advice, the banking professional’s obligation to advise the consumers imbricates an effort to personalize the information, directly correlated with the individual necessities of the profane consumer, while distinguishing between two types of performance: (a) the expressly solicited financial or judicial advise; (b) the duty to advise the consumers in the hypotheses of accentuated judicial technicity of the contractual terms.

More...

Download

The development of the resolution framework and the establishment of the Corporation for Deposit Insurance in South Africa

Author(s): Shenaaz Meer / Language(s): English Publication Year: 0

Financial institutions are regarded as too big to fail if they are so systemically important that if they do fail, they cannot be closed or liquidated without having a devastating impact on the financial system, the economy and consumers. Governments in the past, to avoid such outcome have been obliged to support such institutions using taxpayer funds. The consequence meant that shareholders and creditors shared in the good times of profits and risktaking, but taxpayers had to unfortunately bear the burden of such losses and the impact on governmental finances became a heavy burden to bear. The practical process for triggering a resolution and activating certain steps will need to be set out and determined. The mechanisms and operational elements will need to be embedded and integrated in existing systems and processes both at the Resolution Authority and in various financial institutions. All policy discussions and proposed legislative amendments will and has involved a robust public participation process as FSLAB steers its way through the Parliamentary process. Industry has been involved in prior consultation and multiple interventions will co-create this complex discipline and has contributed to the collective understanding to ensure the implementation of an effective regime in South Africa.

More...

Download

The inapplicability of personal exceptions between joint debtors and creditors, under Romanian and French private law

Author(s): Juanita Goicovici / Language(s): English Publication Year: 0

The paper examines the problematics of invoking personal exceptions between joint co-debtors and the creditors, while proposing a comparative approach to the incidental legal provisions and jurisprudential guidelines under Romanian and French pri- vate law. As stated in a recent decision of the French Court of Cassation (Fr. Cass., 2nd Civ., dec. of 20th May 2021), the guaranteed exception based on the existence of an insurance contract against the risks related to death, concluded by a co-debtor constitutes a purely personal exception to the latter, which cannot be invoked against the debtor by the coobligor jointly liable for the payment of the debt. On the other versant, the provisions of art. 1448 of the Romanian Civil Code omit to make express references regarding the inapplicability of personal exceptions between the joint co-debtors, postulating, in- stead, in the second thesis of art. 1448, para. (1) of the Romanian Civil Code that, against the common creditor, the joint co-debtor cannot use the means of defence that are purely personal to another co-debtor. Viewed in „parallel mirrors”, the provisions of art. 1313 of the French Civil Code capture the attention of the analyst by retaining that “Solidarity between debtors obliges each of those to pay the full amount of the debt. The payment made by one of the co-debtors is releasing the other co-debtors towards the common creditor for the paying of the debt”; following the desideratum to avoid bearing the risk of insolvency of other co-debtors by the debtor who made the payment, the French legislator provided, in the text of art. 1310 of the Civil Code, that such solidarity „cannot be presumed”, except for commercial relations.

More...

Download

Legal regime of competition in Canada

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

Canada’s Competition Act is the federal law governing most business conduct in Canada. It contains both criminal and civil provisions aimed at preventing anti- competitive practices in the marketplace. While the Canadian law is similar in many aspects with the law of the United States (the Sherman Antitrust Act) it is different in a number of important ways. One aspect is that Canadians use the term competition law rather than antitrust law, which is more common in the U.S.

More...