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The article offers an overview of the few cases reviewed by the Commission of Protection of Competition during the first year of application of the prohibition on the abuse of superior bargaining position in Article 37a of the Protection of Competition Act. Furthermore, the application of the accompanying prohibitions of the same type in the special laws, such as the Food Act are also anlyzed and discussed.
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In the period since the entry into force of the current Civil Procedure Code (CPC) an extensive case law has accumulated on its application, including with respect to provisions that have introduced new institutes in the proceedings covered by the CPC. Unfortunately, in many cases this case law is controversial and necessitates the Supreme Court of Cassation (SCC) to align it through its interpretative powers under Art. 124, para. 1 of the Judicial System Act. Regarding the injunctions for a future action, the Bulgarian legislator through the provisions of Art. 390, para. 3 of the CPC has introduced two new rules for the court of the injunction: a maximum legal duration of the period for submission of the future claim of one month and the obligation of the court to revoke the granted injunction with own motion in the absence of evidence that the action was submitted within the deadline determined by the court within the one-month period. The application of these new rules has entailed different opinions in the case law, including on the level of the Supreme Court of Cassation. In many orders, held under the cassation proceedings for appellate orders under Art. 274, para. 3 CPC, the separate configurations of the SCC have held controversially on the issue: “Is it possible to extend the deadline under the conditions of Art. 63, para 1 CPC determined in the scenario under Art. 390, para. 3 regarding the submission of a future action.” The finding of different resolutions regarding the same procedural and legal issue within the current case law to the extent of court orders under Art. 274, para 3 CPC, held by different Chambers of the SCC is within the scope of the regulations under Art.292 CPC and reasons an initiation of proceedings for the upholding of an interpretive decision. In order to unify the controversial case law by the different Chambers of the SCC under the upheld procedural issue the Chairman of the SCC has held with a regulation from the 08th December 2015 an interpretive case No 4/2015 to be initiated by the General Assembly of the Civil and Commercial Division of the SCC, which is still to be held upon. The issue under discussion within this report is the critical analysis of the regulations under Art. 390, para 3 CPC as well as the existing two statements in the procedural theory and case law regarding the nature of the deadline for submission of an action in an admitted injunction. The author reasons her own statement in relation to the answer which the interpretive issue before the General Assembly of the Civil and Commercial Division of the SCC is supposed to resolve. As per the author, the deadline for submission of future action in an admitted injunction is crucial in its nature and cannot be extended beyond the determined by the CPC one-month period.
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The question about the difference between the time when the creditor can ask for performance and the time when the debtor must perform is discussed in the report. These moments are of significance as far as the commencement of the term for fulfillment of the obligation is concerned, as well as the moment of delay of the debtor when interest is due to be paid. Different types of terms, which can be agreed between the parties, are observed.
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Formation of property right in Bulgaria in the period 1879-1912 is very complicated, because of the sources of law. The legislator is trying to find the balance between law and Acts by the implementation of law in the Act. The main aim of the legislator is to found and guarantee unconditionally property right, as the most important fundamental right, which provide liberty of the individuals.
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The method of defining the good faith acquisition of movables as a separate original means of acquiring ownership. The present article examines from a historic-comparative perspective the way of formation of good faith acquisition of movables as a separate ‘modus acquirendi’. Since Roman law refused to give protection to the acquirer ‘a non domino’ and only acquisitive prescription was available to possessors who for other reasons (in particular defective delivery) had not yet acquired ownership, the famous French author Fr. Bourjon elaborated in 1747 the rule that with regard to movables ‘possession equals title’ (possession vaut titre). This rule was intended to protect good faith acquirers in the interest of commerce, so that no acquisitive prescription rule was needed. The drafters of the Code Napoleon adopted this rule, by providing, in Article 2279 (now 2276) Code Civil, that ‘en fait de meubles, la possesson vaut titre’. On this way a good faith acquisition rule was enacted.
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The Romanian contemporary society imposed a profound transformation of many traditional legal institutions. From this perspective, one cannot overlook the profound change brought by the current Civil Code in contractual matters, namely the unification of the legal regime for civil contracts and commercial contracts. In the context of the assimilation of European values, the adoption of the monist system of regulation on the contractual domain by the Civil Law was imposed by the fundamental transformations of the entire economic life in Romania and of all the relations having a patrimonial character from the Romanian society. In this study we will stop on the legal regime applicable to contracts that are particularly interested in banking activity: current account contract, current banking contract and other bank contracts. The contractual freedom allowed to legal subjects to conclude current account contracts is exploited by banking institutions, both at the end and during their execution. The lack of legal protection for clients in general and for professionals in particular generates bargaining imbalance and additional contractual power for banking institutions. The impact of legislative amendments to former business, business, financial and banking activities on the realities of everyday life, beyond all doubt, is overwhelming and visible, with decisive macro-social effects.
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The theme "The content and organization of extrastatutory conventions" is a rare topic both in Romanian legislation and in doctrine and jurisprudence. This theme is a subject proposed to clarify and bring novelties into the sphere of commercial law. The main objectives are to provide a clear, well-defined framework for the organization and content of these atypical contracts (extra-statutory conventions). Due to the complexity of the field, the research will be outlined on the compatibility of these conventions if they have the capacity to anchor the corporate market, effervescence and transparency. The work involves the rich and complex presentation of the theoretical and unidentified aspects in the literature, analyzing the practicalities of the Community law. The legal research will aim at gathering the principles, issues of the stages, methods, techniques and tools of investigation and scientific knowledge of legal phenomena, playing an important role in the final outcome of the project. The actual research will consist of documenting, debating and proposing solutions to problems and gaps in both doctrine and legislation and jurisprudence. These conventions are the civilized way of confronting the freedom of contracting associates, the particular or fractional interests of the associates in society, finding the appropriate instrument for extrastatutory conventions.
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Fiducia is undoubtedly one of the most innovative institutions introduced by the New Civil Code and the fiduciary is on its turn the main actor in this institution. An analysis of the fiduciary's powers and duties is essential to perceive correctly the mechanism of the fiduciary relations. The most important power held by the fiduciary is given by the ownership of the fiduciary property. This right is absolute under the law, but it is nevertheless circumscribed to the obligations held by the fiduciary under the fiduciary contract. In addition, among the rights of the fiduciary, we also mention the administration and decision power in relation to the fiduciary assets in favour of the beneficiary. Also, the right to remuneration should not be ignored, especially in view of the fiduciary’s professional position. As regards the obligations of the fiduciary, the most important is the one mentioned in the very definition of fiducia, namely the obligation to manage the fiduciary assets for and in favour of the beneficiary. The fiduciary also is held accountable and must inform both third parties and the parties to the fiduciary contract about the position in which he operates. Both the powers and duties of the fiduciary are "intertwined" to form the "fabric" within which it operates.
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The Romanian society has undergone many changes over the years. Either in the economic, social, cultural, educational, but also family. One of the most important changes is the family structure and the creation of a new family. In this sense, since 1864, the institution of adoption was regulated in the Romanian Civil Code, which applied the Justinian law, as did the French one between the adopted and the adopter. The provisions of this code were abolished in 1954 by the entry into force of the Family Code, its autonomy and its detachment from civil law. The provision with a principle of value strictly related to the adopted one, according to which the adoption is only in the interest of the founder, is illustrative of the radical transformation of the essence of this institution-adoption. The fact is that the institution of adoption is no longer the instrument by which a family / person who wants a child can have it, but a means by which the child / adoptee can receive the family who needs.
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This paper presents the evolution of the legal doctrine and philosophy regarding the right to work, its transformation, differentiation and protection. The issues are also examined in the context of the new forms of employment in the digital society. Based on the trends in the development and exercise of the right to work, the authors have drawn conclusions, made generalizations and outlined the need for regulation of processes related to the challenges facing labour law in the technological society.
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The law is acknowledged as the conscience of the public. Legal education has become the ladder to the entity of a citizen. The sovereign nature of the majority of the states further promotes the role of legal education beyond a professional qualification. The researchers found it imperative to explore the relationship between legal education and the becoming of a citizen in its true nature, to the extents of self, family, community, country, and world. Perspectives of students of law, educators of law, law practitioners, qualified professionals in non-legal streams, and judicial officers were included in the sample (N=100, 20 each) and observations were noted using a self-developed questionnaire based on the feedback of 2 members from each group in the pilot study. The findings revealed awareness of rights and duties, self-sufficiency in voicing individual viewpoints, and compassion for mankind in all the groups. The students and teachers credited legal education for the development of critical thinking, leadership in the community, and spirit of the development of human resources in the country and the world. Patriotism, respect for the system, feeling of responsibility towards the fate of the whole society was observed by the law practitioners and the judicial officers. Non-practicing professionals associated their legal education to prudence related to money, a better acceptance of cultures, and planning abilities. The study brings attention to the significance of legal education in development at micro and macro levels.
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The contradictory principle and equality of arms contributes to the realization of civil justice by the fact that plaintiff and defendant has the right to defence. The most common the mean of defence used by defendant are the material objections. The material objections relate to the circumstances on which the plaintiff is based to persuade the court not to admit the action, that is to adopt a judgement rejecting the plaintiff's claims. So in the this article we examine the particularities of represent and defence through material objections in the civil process.
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La responsabilité sociale comme forme de réglement du comportement de l’homme dans la société n’ est pas spécifique a la loi, elle se trouve dans tous les domaines de la vie sociale. La responsabilité implique une réflexion sur les conséquences attendues de nos actions; premierèment, du point de vue naturellement et moralement, comme une solution contre les comportements antisociaux et ensuite, légalement. La société établit des règles de conduite du caractére religieux, moral, culturel, politique, et juridique, que les individus qui la composent sont appelés à observer, pour guider la direction, selon les règlements pour ces intérêts communs dans le but de la combinason de son intérêt personel avec celui social de l’assurance de la coherence et de la fonctionnalité du système social. La responsabilité et les recours juridiques sont les deux faces du mêmephénomène social. Les droits et les obligations connexes qui se posent à la suite d'avoir commis un acte illégal définissent simplement la responsabilité. On affirme certainemment que ce complexe de droits et d’obligations constitue le cadre pour la réalisation de la contrainte de l'état en appliquant des sanctions juridiques.
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The present paper briefly analyzes the provisions of the Amended proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for sales of goods. The study focuses on the main changes proposed in the new text, comparing them with the provisions of the Directive 1999/44/EC, which will be repealedif the proposal will be approved. It also highlights the role of the amendedproposal for a Directivein achieving a higher level of consumer protection.
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