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Имплементација правила о накнади штете према Грађанскоправној конвенцији о корупцији

Author(s): Branko Morait / Language(s): Serbian Publication Year: 0

The Law on Obligations contains a general norm that prohibits causing harm to another. Nevertheless, in the past as well as nowadays, the range of causes of damage is expanding, and consequently, special regulations have to be adopted. This raises dilemmas about choosing adequate grounds for liability on a case by case basis. One of the new cases is the occurrence of damage from corruption and corrupt practices. This phenomenon is traditionally associated with crime and criminal responsibility, but has now become the subject of interest of civil law theory and practice. The ratified Civil Law Convention on Corruption has created an obligation to implement it to domestic legislation. This article is dedicated to the expected implementation going on and off the right path.

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Određivanje pojma i prava jednoroditelja i samoroditelja u Federaciji Bosne i Hercegovine

Author(s): Boris Krešić,Edina Šehrić / Language(s): Serbian Publication Year: 0

The terms "mono-parent" and "single-parent" are not defined in either the Family Law of Federation of Bosnia and Herzegovina (FB&H) or in any legal acts. In social discourse these two concepts are often equated to the term "single-parent" which is why their rights are equated as well. When it comes to these rights,it is often unclear whether the reference is made to the right of a child coming from such family, the right of a single-parent, or the right of the person from a one-parent family. This paper studies the legal nature of one-parent and self-parent families and provides the identification of their basic characteristics so as to create the foundation for future recognition of such families in the Family Law of FB&H. The main purpose of this paper is to analyze the legal position of one-parent and self-parent i FB&H and to identify the rights granted to this category of parents. That is why the analysis starts with the national regulations that define the aspects important for the parents in charge of parental care. The paper brings a comparative analysis of the rights of one-parent and self-parent in FB&H and those exercised in the surrounding countries and the entity of Republic of Srpska. It also provides the opinions and recommendations for upgrading the existing regulations, improving the quality of rights given to these families, and securing more efficient procedures for exercising these rights.

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Опазване на околната среда от замърсяване, причинено от големи аварии с опасни вещества по европейското право

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

This article is dedicated to one of the current environmental problems of the member states of the European Union (EU), associated with the rapid development of scientific and technical progress and its negative consequences on the environment. In particular, it refers to Directive 96/82/EC and the need to exercise control on environmental pollution from industrial sources that can cause large accidents with dangerous chemical substances.

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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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Колективните искове

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

The article presents class-action lawsuits in Anglo-Saxon law and European law as a legal mechanism for protection of collective interests.

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Европеизация на колективното договаряне

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

The study examines the international recognition and validation of collective bargaining, Europeanization of collective bargaining and the influence of European integration on collective bargaining in Bulgaria.

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Закон за потребителския кредит

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

Reforming banking and the banking system in the last few years is accompanied by intense legal changes caused by Bulgaria's obligation to harmonize its legislation with the EU regulations in the field of consumer credit.

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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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По въпроса за приемането на Закона за защита на нацията

Author(s): Petia Nedeleva / Language(s): Bulgarian Publication Year: 0

The memory of the physical rescue of the Bulgarian Jews still exists in the Bulgarian consciousness. One less commented fact of Bulgarian history remains in the background. This is the adoption by the Bulgarian government of laws that restricted the civil rights and freedoms of Bulgarian Jews. Inherently inhuman, these laws remain as it were on the sidelines, less commented on because of the nature of the matter they regulate. The Jewish question in Bulgaria is most comprehensively regulated by the Law for Protection of the Nation.

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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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Въпроси на командитното дружество с акции

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

The partnership limited by shares (PLS) is a creation of the French Law - it is known as société en commandite par actions. In Bulgarian it is called командитно дружество с акции (КДА). It was introduced into the legal systems of most European countries. For the first time in our country PLS was regulated by Art. 219 – 225a of the old Commercial Law. PLS is currently regulated as a type of company by Chapter 15 of the Commercial Law. It is a hybrid between a partnership and a limited liability company.

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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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Задължението за връщане на получено без основание от недееспособен

Author(s): Krasimir Mitev / Language(s): Bulgarian Publication Year: 0

Article 58 from the Law on Obligations and Contracts (LOC) limits the obligation to restore benefits received without legal ground to the extent of actual enrichment of the recipient, when he or she is a minor or an adult, declared incapable to perform legal acts. According to the prevailing doctrinal opinion it suffices that the incapacity has existed in any time between performance and the claim for restitution. The author disagrees with this thesis and argues that Art. 58 LOC applies only to the recipient, who is minor (or incapable) at the time of the undue performance.

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Отговорност за недостатъци при договора за замяна

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

The legal regime of barter contract in Bulgarian legislation is scarce. The Law on Obligations and Contracts (LOC) simply provides that the rules on sale apply respectively to barter. The author analyses how the rules on sale of defective goods apply to barter contract.

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Договаряне със себе си без съгласие на представлявания

Author(s): Stoyan Stavru / Language(s): Bulgarian Publication Year: 0

The author presents an analysis of Article 38 from the Law of Obligations and Contracts, which prohibits agent to make contracts with himself, except the principal explicitly grants such power to the agent.

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Подобренията при развален договор между собственик на земята и строителя - суперфициар

Author(s): Biserka Marinova / Language(s): Bulgarian Publication Year: 0

The article is focused on cases where a contract between owner and superficiary is terminated due to the latter's breach. The subject of the study are the relations regarding improvements on the land carried out by the builder during the time of the contract.

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Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител

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

This paper is dedicated to the question of the burden of proof of the fact that after a wrongful dismissal the worker or employee has been left unemployed. As a result of the analysis made the conclusion that the fact of being left unemployed should not be proved by the worker or employee has been arrived at. It is accepted that if the employer objects that the worker or employee has found a job immediately after the dismissal the burden of proving that rests on the employer.

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Разваляне на договора за лизинг според съдебната и арбитражната практика

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

The paper presents the court and arbitration practice on the occasion of the cancellation of the lease contract. On the basis of the overview made the author attempts to deduce the peculiarities upon cancellation of the lease contract.

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Законът за отнемане в полза на държавата на незаконно придобитото имущество в светлината на международното право на собственост

Author(s): Emil Konstantinov / Language(s): Bulgarian Publication Year: 0

The issue related to The Law on confiscation in favor of the State of illegally acquired property in the light of the International Law of Property has become relevant in connection with the Constitutional Court case № 6/2012. In the request of a group of deputies to establish the unconstitutionality and contradiction with international treaties of The Law on confiscation in favor of the State of illegally acquired property, it is alleged that, that numerous individual texts of this law are in "drastic contradiction with European Convention for the Protection of Human Rights and Fundamental Freedoms". The question is important, because these international treaties become part of a country's domestic law and take precedence over those norms of domestic law which their contradict. As a result of the analysis in the article, it can be concluded that the Law on confiscation in favor of the State of illegally acquired property does not violate the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights relating to the right to property.

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