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Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Publication Year: 0

The present article examines the role and importance of ‘soft law’ sources for the regulation of international commercial and civil relations in the contemporary world. Object of study are different types of optional instruments, such like Model Laws, Principles, Uniform Rules etc. prepared by UNCITRAL, UNODROIT, ICC and other international organizations. They provide a pattern that law-makers in national governments can adopt as part of their domestic legislation on private law. These rules are not enacted as legislation and therefore not binding in nature, but they could be selected by parties as part of their contract. Under analysis are also the Principles of European Contract Law (PECL), Principles of European Tort Law (PETL), Principles of European Family Law (PEFL), Principles of European Insurance Contract Law (PEICL), as well as the Draft Common Frame of Reference (DCFR) and their importance for the future European Civil code.

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Компетентни органи във връзка с издаване на европейска заповед за запор на банкови сметки по трансгранични дела

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

The European Bank Preservation Order, еstablished by Regulation (EU) No 655/2014, as an alternative to existing legal procedures in each EU Member State. The procedure facilitates EU debt collection and serves as an additional safeguard in cross-border debt recovery in civil and commercial matters. This statement aims to guide finding the competent authorities for issuing a European Bank Account Preservation Order. Competent authorities under the procedure for implementing Regulation (EU) No 655/2014 can be distinguished in several directions: I. Competent authorities for issuing of the preservation order; II. Competent enforcement authorities; III. Courts or enforcement authorities competent to provide remedies;IV. Competent authorities with which an appeal is to be lodged; V. Others.

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Форма на пророгационното споразумение по граждански и търговски дела с международен елемент

Author(s): Kristian Raychev / Language(s): Bulgarian Publication Year: 0

The purpose of this scientific report is to briefly outline the main points relating to the form of the jurisdiction clause in international civil and commercial matters with regard to the arrangements contained in EU law. Part of the relevant case law of the Court of Justice of the European Union has been discussed, analyzing some of the most recent rulings interpreting the legal framework.In this regard, the report provides guidance to law enforcement authorities on the basic principles and understandings that must be taken into account when assessing their international competence arising from an agreement between the parties.

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Implicațiile măsurilor adoptate de autorități în perioada stării de urgență, respectiv a stării de alertă, asupra planului de reorganizare din procedura insolvenței

Author(s): Daniela Ilinca / Language(s): Romanian Publication Year: 0

In order to fight against the effects of the COVID-19 pandemic, the authorities took a series of measures which had as object the restriction of some of the rights and liberties granted or, as the case mey be, defended by the Romanian Constitution, such as: the right to free movement, the freedom of assembly, the economic freedom. The measures taken by the authorities had a major impact upon the entire social and economic life and generated in many cases the total or partial interruption of the activity of some economic operators, with the consequence of the appereance of financial difficulties hard to overcome and even with the risk of the disappearance from the market of some economic operators. The current study refers to the amendments adopted by the legislator to the legal provisions regarding one of the fields of interest and continuos topicality of the economic and legal life, respectively the insolvency proceedings, with an emphasing on the amendments of the legal provisions related to the proposal and the implementing of the reorganisation plan, as well as case-law regarding the application of such amendments.

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Editor's note about the 14th International Conference „Contemporary Approaches in Banking and Financial Law” took place in Bucharest, Romania, on 15 April 2021

Author(s): Cristina Elena Popa Tache / Language(s): English Publication Year: 0

The 14th Banking and Financial Law Conference took place in Bucharest, Romania, on 15 April 2021, which I had the privilege of moderating. It seems that banking law has never faced such great challenges and all this can be done only with specialized lawyers very well trained in banking and financial field. A country that does not have banking guidance from its own team of elite specialists in banking law will not find the way to progress because it will not be able to identify the best solutions. For this purpose, a very important approach is the exchange of experience through conferences, working groups, research committees, the writing of studies, articles or the elaboration of re- search programs in this field.

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The legislative approaches to COVID legislation in the area of insolvency

Author(s): Tomáš Moravec / Language(s): English Publication Year: 0

The COVID-19 has appeared in several waves in Europe. The lawmaker promptly introduced public health measures and reduced economic activities. After that, the rules focused on business law, insolvency law, enforcement law, and other areas of law were adopted. The article focuses on the nature of the rules concerning COVID-19 insolvency law and investigates the principles of prolonging these rules as the reaction to the next waves of COVID-19. The article explains and compares different legislative practices concerning prolonging the COVID-19 insolvency rules.

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Third-party dispute settlement in online content moderation: a necessary compliance requirement for online platforms or a constitutional aberration?

Author(s): Tomáš Ochodek / Language(s): English Publication Year: 0

Online platforms regulate and remove large amounts of illegal and harmful content (from content infringing IP rights to Covid-19 disinformation). Art. 18 of the proposed EU Digital Services Act Regulation (“DSA”), the most significant piece of regulation concerning online platforms, proposes a new system of “online courts” that would resolve any content-related disputes between platforms and their users. The paper discusses Art. 18 DSA (more precisely its version proposed by the European Commission, which is currently in the legislative process), the requirements it will place on dispute settlement bodies and the possible impact of these requirements on their operation and accessibility of such proceedings to users. It also briefly analyses the position of online platforms as defendants in content-related disputes and suggests changes to Art. 18 DSA that could be made to remove the identified shortcomings.

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HoReCa Tourism Rights in National and European Union Law - Comparative Aspects

Author(s): Laura Ramona Nae / Language(s): English Publication Year: 0

In the tourism sector, especially in the HoReCa industry, the protection of the rights of customers-tourists consuming hotel services and products, is of particular importance. safety (including food). In the legislative context, mainly at the level of the European Union and at national level, a number of measures are accepted and implemented with the help of various legal instruments, in order to protect the rights of consumers, including alternative dispute resolution methods.

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Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders

Author(s): Mihaela-Naziana Bucă (Gîdei) / Language(s): English Publication Year: 0

This article analyzes the rights of minority shareholders from the perspective of the existence of minority protection. The objectives pursued through this article can be summed up in the idea of protecting minority shareholders. Being a controversial subject both at the level of doctrine and judicial practice, we will try to find the best solutions and look at the rights of minority shareholders as a weapon that shareholders have at hand in order to effectively protect them. In the realization of this work, we will use various materials, from monographs, theses to solutions given by the courts regarding this issue. We will refer to both Romanian and European legislation. We will try to classify the rights that minority shareholders can have into two more categories by referring to the idea of freedom and protection of minority shareholders. Thus, we will have autonomy rights: the right to dividends, the right to transfer shares, the right to the due share of the liquidation of the company and participation rights: the right to participate in the General Assembly, the right to request the convening of the General Assembly, the right to vote, the right to information.

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General Jurisdiction in Civil and Commercial Matters of the Romanian Courts to Resolve Disputes with Foreign Elements under Another State of the European Union

Author(s): Alexandru Cristian Roșu / Language(s): English Publication Year: 0

Jurisdiction is the ability established by law in favor of an authority to resolve a particular dispute that arises between two or more subjects of law. Outside the courts, the settlement of disputes can be carried out by several jurisdictions, some national and others carried out by bodies with jurisdictional powers, this solution being imposed by the specialization of certain disputes but also by the relief of the courts.

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Travel Agency Contract in the HoReCa Field in the European Union

Author(s): Ioana Nely Militaru,Laura Ramona Nae / Language(s): English Publication Year: 0

The paper begins, as is natural, with a brief reference to the term "HORECA", in order to specify the contracts used in this field. The chapters that follow these preliminary clarifications, concern the following: 1) The hotel service contract, from the perspective of the contractual relationship between the hotelier, the consumer tourist and the travel agency, and last but not least the disputes that may result from non-fulfillment of contractual obligations, 2) The contract of agency concluded between the hotel and the travel agency, in the national and European Union legislative context, 3) The content of the agency contract, respectively its clauses.

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Business Activities conducted by the Czech Roman Catholic Church following the restitution of property confiscated under the Communist Regime

Author(s): Nicole Grmelová,Radim Kříž,Petr Štěpánek / Language(s): English Publication Year: 0

The Roman Catholic Church has restituted property which has been nationalized under the Communist Regime. The restitution process paves the way for a separation between the state and the church in the foreseeable future. Thus, the Roman Catholic Church will have to invest the restituted property wisely to be able to cover the costs of its main activity, the spiritual care of its followers. Having analysed the business model of current activities of the Roman Catholic Church, this paper argues that the centralized top-down approach adopted by the Roman Catholic Church may not be efficient enough for the Roman Catholic Church to achieve economic self-sufficiency in the long run. The objective of this paper is to assess if the current economic activities conducted by the Roman Catholic Church in the Czech Republic can lead to its economic self-sufficiency by 2030. To this end, the authors will interpret the restitution model as determined by the corresponding legal rules and analyse the data covering the business activities of the Roman Catholic Church.

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The first reduction of the fine in the decision of the Czech Competition Authority due to the undertaking’s compliance program – a step in the right direction?

Author(s): Martin Boháček / Language(s): English Publication Year: 0

In early September 2022, the Czech Competition Authority (Office for the Protection of Competition) for the first time in its decision-making activity reduced the fine imposed upon a competitor due to its compliance program. This is a fundamental change, as this Office has so far refused to take the compliance program into account when considering the amount of the fine. The objective of this paper is to assess what functions a compliance program can have in competition law. Another aim is to find out what the Z-TRADE's violation of competition law was, how much the fine was reduced and under what circumstances. Related to this is the research question of whether and how the Office has defined the principles for taking this program into account in its future decision-making. In order to clarify the nature of this tool, the author has asked another research question - how the Office argued in its previous decisions for refusing to take the compliance program into account. In the Conclusion, the author assesses whether the consideration of compliance in the practice of the Czech Competition Authority is a step in the right direction. The author will use the method of qualitative analysis of jurisprudence and legal literature. While examining the links between the use of compliance in the administrative penalty for violation of economic competition and in the criminal penalty, he will use the micro-comparison method.

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The proposed Corporate Sustainability Due Diligence Directive and its provisions on civil liability and private international law in particular

Author(s): Tania Pantazi / Language(s): English Publication Year: 0

The newly adopted proposal for a Corporate Sustainability Due Diligence Directive introduces for the first time in EU law the duty of undertakings to perform corporate due diligence on environmental and human rights matters. The aim of the present paper is to examine the provisions of the proposed Directive on civil liability and private international law issues. The paper first provides a brief overview of the proposal, which serves as an essential background, and then focuses on the interpretation of the provisions on civil liability, based on their wording, aim and scope, existing literature on due diligence and case law. The rules are also examined in context with advancements in international and national law. The study concludes that, although several issues remain uncertain or to be decided by national law, the introduction of civil liability and private international law rules will substantially facilitate multi-jurisdictional claims against corporations on environmental and human rights matters. The paper contributes to the discussion on forthcoming European legislation on corporate due diligence by assessing private law issues which have been scarcely investigated in literature.

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MiFIR Review proposal: Americanization of EU financial markets?

Author(s): Petr Tomčiak / Language(s): English Publication Year: 0

This contribution aims to discuss the recent proposal to review Regulation (EU) No. 600/2014. The European Commission proposed to establish the consolidated tape in the European Union and increase transparency for investors in the EU financial markets. The EU is struggling to attract non-EU investors in the last few years. The proposal puts on the table legislative changes similar to those that are in place in the United States for more than a decade. The question is whether the EU is getting inspired by the regulation on the other side of the Atlantic Ocean in order to help financial markets in the EU. The contribution shall discuss the Markets in Financial Instruments Regulation (MiFIR) Review proposal and find if the European consolidated tape can copy the American model.

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Държавното регулиране в областта на защитата на конкуренцията

Author(s): Rositsa Toneva / Language(s): Bulgarian Publication Year: 0

Competition is the main mechanism of the market economy, which affects supply (producers, traders) and demand (intermediate customers, final consumers). It is a tool of guaranteeing consumers a good ratio between the quality and the price of the goods and services. Competition forces the market players to strive to be competitive and economically efficient. But in order for the competition to be effective and its goals to be achieved, it needs to be regulated by the state. It is only the state who has the power to ensure the establishment and regulation of the economic relations, the course of economic processes in line with benefiting the public and to maintain law and order in the fulfillment of competition tasks.

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Електронна товарителница – цифрова революция при договора за превоз

Author(s): Desimira Yurukova / Language(s): Bulgarian Publication Year: 0

The road freight transport takes a leading place in the constantly digitalizing world. The contract of carriage is regulated by the Convention on the Contract of Carriage in Road Freight Transport (CMR Convention). The Convention settles the CMR like a basic transport document. In 2008; an Additional Protocol was adopted; which allows the use of an electronic consignment note. The aim of this paper is to analyze the terms - CMR and e-CMR; to make a comparison between them and to analyse the use in practice in the transport law. It will be explored what are the advantages and disadvantages by using of the e-CMR; and in which Member States of the European Union it is already applicable.

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How Can Open Data Help Banks Become Greener?

Author(s): Virginia Zhelyazkova,Dafinka Lazarova / Language(s): English Publication Year: 0

This report summarizes the vital role of open banking in advancing environmental risk management and the green banking concept within the European financial landscape. The text delves into the evolving regulatory framework emphasizing sustainability and the pressure on financial institutions, particularly banks, to adapt to these changes. It discusses how banks are increasingly accountable for the environmental, social, and governance (ESG) performance of their lending portfolios and the challenges they face, especially regarding insufficient customer ESG data. The solution offered by open banking is highlighted, demonstrating its potential to bridge information gaps, thereby aiding banks in identifying and promoting 'green' activities and managing ESG risks effectively. The concept of a green bank is explored, defining it as an entity with a focused commitment to financing sustainable activities. The text finishes by highlighting the transformative potential of open banking in aligning bank operations with ESG goals, enhancing regulatory compliance, and fostering the development of environmentally friendly banking products and services.

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Правна същност и особености на консорциалните дългове при неправосубектния консорциум

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

The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.

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Protection of the EU and the National Financial System against Money Laundering and Terrorist Financing

Author(s): Savina Mihaylova-Goleminova / Language(s): English Publication Year: 0

This chapter presents the key aspects of preventing abuse of the European Union’s financial system for money laundering and terrorism purposes, including organisation of the national system to counter money laundering, terrorist financing, and proliferation financing. Prevention of the use of the financial system for the purposes of money laundering or terrorist financing is highlighted, including OECD measures, the practice of Bulgarian courts, etc.

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