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Medieval Bosnia and Ius Commune: Analysis of the Testament of the Knight Pribislav Vukotić

Author(s): Mirza Hebib / Language(s): English Publication Year: 0

The subject of this paper is a historical and legal analysis of contents of the knight Pribislav Vukotić, written in Padua in 1475. As a merchant, renowned diplomat and advisor to Grand Duke Stjepan Vukčić Kosača, Vukotić acquired a considerable amount of property during his lifetime, which is the subject of his disposition. Based on fragments from Vukotić's testament, in the literature so far, conclusions have been drawn in relation to what law looked like in medieval Bosnia, which without a deeper understanding of ius commune can easily lead to errors. The author points out the necessity of great caution in such and approach. The author concludes that Vukotić's testament fits into the European ius commune in terms of its form, style and Christian influence, while the application of private law institutes (appointment of a substitute, protection of the unborn child, the issue of dowry and execution of the testament) is determined bay various factors.

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Неприсъствено решение срещу ответник и обикновеното другарство

Author(s): Tanya Gradinarova / Language(s): Bulgarian Publication Year: 0

The regulation in the current Civil Procedure Code (CPC) of the introduced with the provisions of Art. 238 to Art. 240 of it, the institution of judgment by default presents a challenge for theory and practice. The subject of this research is the admissibility of one of the types of atypical decisionintroduced by the current CPC - the decision in absentia, in case of procedural inaction of one of the ordinary co-defendants. The author analyzes the legal framework and the existing case law, making suggestions de lege ferenda on the subject.

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Гражданското законодателство в буржоазна България

Author(s): Neli Radeva / Language(s): Bulgarian Publication Year: 0

Immediately after the Liberation, private law relations in the Bulgarian state continued to be governed by the Turkish Civil Code (Medjele). In form and content, it was an outdated feudal code. It lacked norms for inheritance law, land ownership, and family law. Despite its shortcomings, it is applied in Bulgaria and gradually replaced by new laws enacted in accordance with the relevant legislative procedure.

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Съд за пререкания

Author(s): Vassil Krumov Petrov / Language(s): Bulgarian Publication Year: 0

The Court of Jurisdictional Disputes existed under this name in Bulgaria between 1912 and 1948. With the division of the Supreme Court into two supreme courts - the Supreme Court of Cassation and the Supreme Administrative Court - in 1996, the need immediately arose to create a judicial body for the settlement of jurisdictional disputes between these two supreme judicial bodies. The Judiciary System Act (1994) created and existing and currently mixed five-judge bench of three judges of the Supreme Court of Cassation and two judges of the Supreme Administrative Court, has long merited the attention of the doctrine, which seems to have forgotten the old Court of Jurisdictional Disputes.

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Административният договор в публичното право

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The principle of market economy affects not only the private but also the public sector. Contractual relations are manifested in Bulgarian administrative law through the administrative agreement. Complications and contradictions related to their implementation along with some specifics are observed both in rulemaking and jurisprudence.

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Възникване и развитие на вещното право на строеж. Развитие на института

Author(s): Lyuba Panayotova / Language(s): Bulgarian Publication Year: 0

This article presents the origin of the property building right (superficies), its development through feudalism and time of bourgeois development in Western Europe - French, German and Bulgarian law.

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Историческо развитие на възгледите за грешката при сключване на договорите

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

This research draws several conclusions about the development of the idea about the mistake in contract formation - from the Ancient Greece and Rome, the Middle Ages and the period after the Great French Revolution. Three different kinds of error are presented – error which is a vice of consent (erreur-vice; errore-vizio; Sachverhaltsirrtum), error – obstacle (erreur-obstacle, errore-ostacolo), and error in statement (Erklärungsirrtum).

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Проблеми на защитата от полова дискриминация в законодателството на Република България

Author(s): Ivan Georgiev / Language(s): Bulgarian Publication Year: 0

This review follows the historical development and nature of gender discrimination as well as the anti-discrimination legislation. It presents the perspectives and suggestions for improving gender discrimination legislation.

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Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.

Author(s): Rosen Tashev / Language(s): Bulgarian Publication Year: 0

Bulgarian Constitution of 1991 enshrines the principle of direct effect in Article 5, paragraph 2. In its decision № 10 of 1994, the Constitutional Court of the Republic of Bulgaria gave an interpretation of what constitutes the direct effect of the Constitution and how it is exercised, and there are publications on this subject in the doctrine. However, there are not many court decisions in which this principle is practically applied. This article aims to broaden the analysis of this principle. In this way, the Bulgarian Constitution will assert its leading role in the legal reasoning of court decisions. Theoretical approaches and tools proposed in this article should help to strength both the legal effectiveness of the Constitution and modern constitutional democracy.

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Правна защита на лечебните растения

Author(s): Georgi Penchev / Language(s): Bulgarian Publication Year: 0

The current Medicinal Plants Act is the first special law in this field adopted after 1944, and it is obvious that for a long period of time there was no special regulation at statutory level. I will research briefly the most important features of our current legislation. The study is in accordance with the legislation as of 30.09.2012.

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Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка

Author(s): Evgeni Yochev / Language(s): Bulgarian Publication Year: 0

The Administrative Justice Act, whose 100th anniversary is celebrated in 2012, marks the beginning of the modern administrative justice system in Bulgaria. The process of drafting the Act goes through two phases, which are distinct in their content and objectives. The first phase (July 1905 - July 1911) can be described as preparatory. The second phase (July 1911 - October 1911) covered the time of the actual preparation and drafting of the administrative justice bill. During the discussion of the bill, especially in the first reading, both the deputies of the government majority and those of the opposition noted the pressing necessity of the law, its importance in establishing the rule of law in the country, in curbing administrative arbitrariness and stabilizing the bureaucracy, in rooting out political partisanship and moralizing party mores.

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Разпоредби за чародейства и магии в Разложкия ръкопис

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

The book and the language are active factors in the consolidation of Bulgarian intellectual identity and part of our cultural heritage from the Middle Ages to the Renaissance. The few preserved manuscripts with legal character include both texts with secular regulation and ecclesiastical law. The “law-society-culture” relationship is very close after the adoption of Christianity as the official religion of Bulgaria. Some of this literature did not survive during the Ottoman era, but retained its main functions, namely to guide and point out good and evil in society. An interesting monument from the 19th century period is the Razlog manuscript, called in scholarly circles the "late Nomocanon of 1865". The manuscript is unique precisely in that words of Turkish, Russian or Greek origin can be found in it, as well as Church Slavonic words used only in ecclesiastical texts. The purpose of this article is to present some typical provisions on magic and enchantments contained in the Nomocanon, in particular those that are included in the Razlog manuscript.

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Закон за защита на държавата

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The State Protection Law remains one of the most discussed laws in the history of Bulgarian legal life. Created in the context of the post-war tragic situation into which the country has fallen, it aims both to prevent the formation of organizations that were detrimental to the existing state and social order and to eliminate possible anti-state activities in the realm. What happens in practice is the misuse of this law, which leads to its use for bloody political and inter-party strife and, to a more limited extent as intended, to curb subversive activities in the state. This article, however, will deal with its legal nature rather than its historical meaning and implications.

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Правото на изкупуване на недвижими имоти в България

Author(s): Gergana Boyanova / Language(s): Bulgarian Publication Year: 0

The review follows the history of the institution as a part of the legislation on the co-ownership. Its older regulation is compared with the current Art. 33, para. 2 of the Property Law.

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Ex lege discriminatio: опит за ревизия на правното регулиране на проституцията в България

Author(s): Ognyan Fortunov / Language(s): Bulgarian Publication Year: 0

Considering the act of prostitution as a crime – historical background. Legal regulation under Art. 329 of the Criminal Code. The questions are considered - which income is non-labour, which work is socially useful and what is the practice of applying the punishments corresponding to the crime. Types of legal regulation of prostitution. This study draws the difference between prostitution and human trafficking. De lege ferenda conclusions and proposals are made.

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Произход и историческо развитие на института на общите правила за индивидуализация на наказанието в българското наказателно право

Author(s): Chavdar Petrov Groshev / Language(s): Bulgarian Publication Year: 0

The article examines the essence of the legal institution "individualization of punishment" and its evolution. How and under what conditions is individualization of punishment used. Proposals to change the current legislation were made.

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Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization

Author(s): Mark Kramer / Language(s): English Publication Year: 0

This paper discusses Russia’s position vis-à-vis the four Geneva Conventions of 1949 and the two Additional Protocols of 1977 and the implications for the two wars fought by Russian troops against separatist guerrillas in Chechnya in 1994 – 2006. The paper begins by tracing the Soviet Union’s policies toward the Conventions and Additional Protocols and the effects of these documents on Soviet military operations both abroad and at home from the late 1940s through the early 1990s. The experience with the Conventions and Additional Protocols during the Soviet era helped to shape the policies of the Russian Federation, which, as the legal successor state to the USSR, inherited the Soviet government’s obligations under international treaties and agreements. The paper highlights the changes and continuities in post-Soviet Russia’s position and then uses the recent Russian-Chechen wars as a case study. The paper sheds light not only on Russia’s policies in Chechnya but also on recent scholarly literature regarding international norms and state behavior. A norm in international relations, including the tenets of international humanitarian law, can be defined as a shared conception of the appropriate way to behave or the appropriate stance to take on a particular issue.

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Отношения между държава и църква във Византия

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

When we consider the relations between the State and the Christian Church during a certain historical period of their development, we should proceed, on the one hand, from the Christian doctrine of the origin and nature of these two institutions, and, on the other hand, from the concrete needs of the State in the conduct of its domestic and foreign policy. This gives rise to both the manifestations of interaction and some inevitable conflicts. And despite the existence of these two manifestations, the Byzantine state secured the support of the Church during the period of its existence, and the Church exerted great influence over the State. Both as a rule sought cooperation, but human factors, political considerations, or their own interests often played an important role in establishing the relationship between the two institutions.

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Разложкият ръкопис - паметник на черковното право

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

The nineteenth century was an era of dynamic cultural, social, and economic advancement. During this period, numerous literary models were created, which later became monuments of lasting value. An interesting monument from this period is the Razlog manuscript. It is a legal monument from the second half of the 19th century, containing civil and ecclesiastical laws, which is why it is called the "late Nomocanon". The manuscript provides us with valuable information about the life of Bulgarians in southwestern Bulgaria, both in legal, linguistic and socio-cultural terms. It also served as a guide for clergy in fulfilling their moral and social duties to the people. It contains the basic norms of behaviour of the period under consideration, and from it can be gleaned information from jurisprudence, history, folklore, linguistics, ethnography, etc. This gives us reason to call it the ethical code of the Razlog region.

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Въвеждане на българско гражданско управление в Беломорието (1941-1944)

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The problem of civil government in Western Thrace during World War II has not been sufficiently studied in Bulgarian legal scholarship. Especially in Greek historiography, the opinion is held that Bulgaria "occupied" Belomorie, but the policy of the Bulgarian government in the region was quite different. Without claiming to be exhaustive, this article aims to shed light on the problem by looking at the structure of the Bulgarian administration and the bodies of leadership and administration in the civil sector, because the main feature of the Bulgarian governmental policy in the area in Spring-Summer of 1941 was the pacification of the annexed territories. During this period, there were extraordinarily many changes in the social life of the region.

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