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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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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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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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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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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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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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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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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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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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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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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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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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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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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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The public finance management mechanism is a legal mechanism. As Prof. М. Kostov rightly notes, financial relations cannot exist outside and independently of the state and legal regulation. These public relations (budgetary and tax relations) cannot exist in any other way and in any other form than as legal relations. Well developed theory and modern financial legislation are necessary conditions for good financial management. In legal theory, it is accepted without question that the basic components of the legal regulation mechanism are laws, legal facts and legal relations. In administrative and financial law doctrine, it is accepted that control is a necessary element and extension of state governance. In this sense, financial control is a necessary component of the public finance management mechanism.
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The article presents a concise review of the origin and development of ideas which led to the general action in unjust enrichment (actio de in rem verso) - a typical feature of legislations, belonging to the Romanic legal family. Starting from Roman law, via glossators and Natural law school, the author arrives at modern times to discuss the problems related to the general character of the rule.
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A review of court and arbitral practice shows that the problems of manifest defects are not fully resolved, and that there are quite contradictory opinions. The following lines will be dedicated to the clarification of the most controversial questions in the practice. The advantages of performing the inspection of the object, the moment of the inspection, the removal of the defect and others are considered. It was concluded that there are still unclarified points regarding the item's defects.
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The article is an attempt to raise a discussion. The Supreme Court of Cassation rulled that the shareholder's claim for damages which are caused to him by actions of the governing body is excluded. In such case, the possibility of a legislative change should be discussed, which would explicitly provide for a separate claim by the shareholder against the members of the governing body, when he, in his personal capacity, suffered damages from their actions. To avoid establishing a conflicting In practice, it seems to me that an amendment to the Trade Act in this direction is necessary.
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This article aims to present the Bulgarian regulation of marital contract in comparison with its regulation under some foreign national legal systems. After brief historical notes, the presentation focuses on the regulation of the marital contract under the Family Code of 2009. The issues of parties, content, form, registration, termination and invalidity of the contract are consistently examined. The general conclusion is that Bulgarian regulation of the marital contract is generally in harmony with that of the most European countries. Concerns are expressed that the undetailed regulation of the institution and excessive liberalism may turn marital contract from a means of achieving clarity and greater justice in conjugal relations into an instrument for abuse of rights.
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Тhe article examines the problems posed by companionship in the proceedings for annulment of an effective court decision. De lege ferenda proposals are made to improve the quality of our national legislation.
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