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Приложимост на Павловия иск към учредителния апорт
The article examines if actio Pauliana is applicable in the case of constituent contribution in company’s capital causing damage to the creditors.
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The article examines if actio Pauliana is applicable in the case of constituent contribution in company’s capital causing damage to the creditors.
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The article deals with the general theoretical issues of legal gaps and how these issues are discussed in the practice of the Constitutional court of the Republic of Bulgaria and the leading importance of the ideas of positivism in the court’s adopted starting positions and conclusions. It is noted the difference in the approach of the Constitutional court to the matter of the legal gaps in the context of its power to interpret the Constitution and its power to declare the unconstitutionality of laws.
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Market security requires special provisions about entry into the Commercial register concerning merchants. These provisions encompass limited listed facts subject to entry. By reason of that if the fact is not subject to entry such entry is null. The main goal of the legislation is to protect the public interest by gaining genuine information about the merchants and their activity. The entry of facts in the Commercial register addresses the third parties acting in good faith. Even the Supreme Court of Cassation has interpreted the relevant provisions in a decision № 1/2002, they still are unclear. That’s why the subject matter of the report is the application of art. 140, para. 1 and 3 and art. 230, par. 3 of the Commercial Law (CL) concerning the entries in the Commercial register relating to the joint stock company and limited liability company. By practical reasons the report predominant deals with the application of art. 140, para. 1 and 3 CL. It is discussed whether the subject matter of the entry can be the General Assembly decisions and what is the meaning of "entry into force" according to the above-mentioned provision.
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The report deals with some issues regarding the scope of application of the provision of Art. 301 of the Commercial Law (CL) and the rule character as well. According to that provision the acts of an unauthorized agent performed on behalf of a merchant seems to be affirmed tacitly. The author argues that the provision of Art. 301 of the CL establishes irrebuttable presumption. The main thesis is for application the same rule to non-commercial transaction as the acts are performed by unauthorized agent on behalf of a merchant. The author criticizes the narrow interpretation by jurisprudence of that provision bringing argumentation in the opposite. He argues the scope of application of Art. 301 of the CL also regarding an arbitration agreement or a clause included in a commercial contract.
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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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Тhe present report traces the development and trends of the concept of property. Recently, European law has also become extremely important for our country, especially after our country's accession to the EU in 2007. In matters of property, European law, especially in the form of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Additional Protocol No. 1 to it and the jurisprudence of the court in Strasbourg, turns out to have a decisive influence on the developed concept of property. In the following report, an answer will be sought to the question regarding the concept of property by reviewing through the understanding of Roman private law, then the property will be examined as a problem during the bourgeois development in Europe and finally the current state with the presence of the legal system of United Europe and Bulgaria as a part of this system.
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The article explores problems related to general unjustified enrichment action, namely whether the debtor is liable for the value received or value survived. Different answers and explanations are offered by two doctrines called [the doctrine of] historical enrichment and actual enrichment. The author examines “pro” and “contra” arguments in favor of the said two theories and suggests to the readers the conclusion he has arrived at.
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The subject of the present article are the recent cases of disputed law enforcement in the administrative phase of the pension proceedings by the competent administrative authority. Their increased number and frequency, as well as their persistent "repetition" in similar cases, even after the annulment of the administrative acts by the courts, are beginning to emerge as a dangerous and unacceptable trend for the legal order, seriously threatening the rights of Bulgarian citizens.
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The article is a part of a larger study devoted to the impact of Directive 96/71/EC on the institution of posting in Bulgarian labor law. It consists of three sections.
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Тhe European Small Claims Procedure is adopted with Regulation (EC) № 861/2007 amended with Regulation (EU) 2015/242 by aiming to facilitate access to judicial protection for claims of small material interest in cross-border civil and commercial disputes by strengthening judicial cooperation between the member states of the European Union. The article generally examines the regulated procedure, compared with the existing national legislation in consumer disputes, paying particular attention to ideas and recommendations de lege ferenda to improve the national legal regime and increase the efficiency in protecting the rights of consumers.
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The subject matter of this report is the concept of abuse of right (Art. 289 of the Commercial Law) compared with these of abuse of interest (Art. 303a, Paras 1-2 and Art. 309a, Para 3of the Commercial Law). Both abusive acts affect commercial transactions but are sanctioned in a different way by the law. Therefore, the abuse of interest seems to be a distinct concept. Whether is so or not, it is currently being discussed in this report. Both abusive acts are examined in respect of community acquis finding the right answer.
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The report deals with the transactions of minors and the disposal of the acquired from their labor activity (Art. 4, para 2 in fine of the Persons and Family Law). The author pays attention to some questions like the scope of application of the provision above, its relation to the provisions of Art. 130, paras 3 and 4 of the Family Code, the permission the minor exercising solitary his contracts rights and some aspects of the validity of the contract.
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Due to the law is required to be paid the interest rate by commercial transactions even it is not agreed by the merchants as parties to the contract. Nevertheless, in some cases that rule is not applicable. Therefore, the main disputable question in the doctrine and case law is whether in general by a current account agreement the interest (usura) on due amounts included in an account (a conto) can drop.
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This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.
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This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.
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This development makes a partial legal analysis of the European and Bulgarian legislation relating to the topic. Recommendations are drawn for achieving a high level of democratization in terms of local self-government and the opportunities for citizens to participate in it.
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This report analyzes some problematic moments in the legal framework of local referenda in our country according to the Direct Participation of Citizens and Local Government Act. The author makes proposals de lege ferenda to improve the legal framework in order to ensure the actual participation of the population in decision-making process at local level.
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In this research the term “citizens’ organization” is considered, as its legal expression was acquired in the Administrative Procedure Act. Emphasis is placed on the purpose of the definition of a public organization, which is particularly evident in the issuance and contestation of GAA and NAA.
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Economic rights should be considered in the sense of a concept of human rights. The introduction of certain mechanism and rules for financing the health system, including direct payment by the patient, puts in the focus of public attention and the legal system the question of guaranteeing the economic right of the patient.
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Informed consent is a process by which a treating healthcare professional discloses relevant information to a patient so that the patient can make a voluntary choice to accept or refuse treatment. This comparative legal analysis will cover three European countries where informed consent is regulated in detail and where experience and knowledge can be drawn.
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