CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Съставянето на закона за задълженията и договорите от 1951 г.

Author(s): Svetoslav Ivanov / Language(s): Bulgarian Publication Year: 0

The present article examines the draft of the Law on Obligations and Con-tracts by the Council on Legislation at the Ministry of Justice and the persons who took part in this undertaking. Then, it handled with the amendments to the bill, which were made by the Legislative Commission of the National Assembly. These changes became final after the en-actment of the normative act by the legislative body. The format of an article does not allow commenting and criticizing these changes.

More...

Способства или затруднява свободното движение на хора и услуги в Европейския съюз правната уредба, въведена с директива 96/71/EO и транспонирана в чл. 121а от Кодекса на труда?

Author(s): Mileslava Bogdanova-Misheva / Language(s): Bulgarian Publication Year: 0

Does the Legal framework of the posting in the framework of provision of services – Directive 96/71/EC and the Bulgarian implementing legal act – facilitate or impede the free movement of people and services?

More...

За приложението на чл. 84, ал. 3 от Закона за българските лични документи

Author(s): Nadezhda Hristova / Language(s): Bulgarian Publication Year: 0

The study is devoted to the issue of the application of art. 84, par. 3 of the Bulgarian Personal Documents Act. In particular, the study critically analyzes the application of this legal provision and proposes a revision de lege ferenda. The study presents the author’s analysis and conclusions, as well as doctrinal opinions and case law on the issues raised.

More...

Някои въпроси за данъка върху доходите от разпореждане с дружествени дялове или акции от чуждестранни физически лица по ЗДДФЛ

Author(s): Tyurker Mollahasan / Language(s): Bulgarian Publication Year: 0

The report analyzes the capital gain tax under Art. 37, para. 1, item 12 of the PITA on the incomes of the foreign individuals from disposal of company shares or stocks, issued by Bulgarian legal entities in comparative aspect with the tax under Art. 33, para. 3 of the PITA on the income of local individuals from disposal of company shares or stocks.

More...

Анализ на съдебната практика по приложение на чл. 1, ал. 1, посл. хипотеза от ЗОДОВ след промените от 2019

Author(s): Stefan Radev / Language(s): Bulgarian Publication Year: 0

The material examines the case law on the application of Art. 1. para. 1, last hypothesis from the Act on the Liability for Damages Incurred by the State and the Municipalities (ALDISM) after the latest version of the law. This change is related to the explicit settlement of the possibility to claim compensation for damages, caused by the effect of repealed as illegal or declared null and void bylaws. The objective of the research is to come to generalized conclusions and to make proposals for improving the regulatory framework. Methods of analysis and comparison were used.

More...

Публично и частно право. Избрани ракурси

Author(s): Lyuben Karanikolov / Language(s): Bulgarian Publication Year: 0

This work explores various aspects of public and private law.

More...

Приложимост на основанията за унищожаемост спрямо мълчанието като проява на воля при сключване на търговски сделки

Author(s): Aneta Antonova / Language(s): Bulgarian Publication Year: 0

In the Bulgarian Civil Law doctrine, the issue of inaction as a form of expression of will has not been analyzed thoroughly, including in general courses in Commercial Law reviewing invalidation of commercial transactions, primarily in regard to the inapplicability of Art. 27 of the Obligations and Contracts Act to commercial transactions between merchants regarding invalidation of contracts on the ground of utmost necessity and manifestly unfavorable terms. The present paper focuses on the articles of the Bulgarian Commerce Act that treat silence as equal to expression of will to give rise to legal consequences. The paper analyses the applicability of the grounds for invalidation in relation to the legal fiction for expression of will by merchants in commercial transactions. The paper also recommends the creation of a special legal rule regarding fraud in commercial transactions in light of determining the criteria for which actions misleading the merchant and misrepresenting facts and legal consequences of the transaction.

More...

За недействителността на сделките и сигурността на оборота

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

The report reviews the effect that invalidity has on third-party rights acquired by a party under a void or voidable transaction. Examples are presented where the current legal framework and the judicial practice of its application lead to unfair results. Apart from rare exceptions, priority is given to the interest of the party to the invalid transaction over that of the third party, regardless of the reprehensibility of the behavior of the party to the invalid transaction, the possible good faith of the third party, the profitability of the acquisition, etc. circumstances. Conclusions regarding the need to improve the regulatory framework have been substantiated, and specific proposals have been made for the direction of legislative intervention.

More...

Правно действие на заповедта по чл. 154, ал. 5 от ЗУТ по отношение на собствениците на самостоятелни обекти в строяща се сграда

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

Construction is a dynamic process, which is carried out in accordance with an approved investment project and a building permit issued on its basis. The Law on Spatial Planning (LZP) allows the amendment of the investment intentions in the course of construction. Changes may affect the project's provisions with respect to individual independent objects, their boundaries, their intended use and square meters, to take away or modify common parts of the building, etc. At the same time, Article 181(2) of the LZP provides that the ownership of a separate object may be transferred after the completion of the building in rough construction, which precedes the completion of its construction, and it is in this case that the amendment of the investment intentions may affect the acquired separate objects. The effects of the change of investment intentions are described in this report.

More...

За защитата на обществения и на частния интерес при стопанския подкуп

Author(s): Mariya Mihaylova / Language(s): Bulgarian Publication Year: 0

The report examines the issue of finding a balance between the protection of public and private interests in the crime of bribery in the private sector under Bulgarian criminal law.

More...

Възможно ли е, вместо да изплати дивидент, акционерно дружество да прехвърли свой имот?

Author(s): Zlatka Vangelova / Language(s): Bulgarian Publication Year: 0

The right of a shareholder in a joint-stock company to collect his dividend always occurs as a pecuniary receivable. It can be terminated by an agreement of datio in solutum, concluded between the shareholder and the company. The consent of the rest of the shareholders for conclusion of such agreement is not required. If the non-cash asset, by the transfer of which the dividend payment is terminated, is a real estate, there shall be applied IFRIC 17; according to IFRIC 17 the real estate shall be measured at its fair value. The rules of IFRIC 17 and art. 247a, para. 1 and 3 of the Commerce act are compulsory. If violated, they will lead to nullity of the datio in solutum agreement. The grounds for nullity are different and they depend on the specific rule violated.

More...

Статутът на жената според обичайното право и използваната терминология в народния говор

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

During the Bulgarian Revival and immediately after the Liberation of Bulgaria, the status of women was determined by the patriarchal traditions, understandings and customs of the Bulgarians. Bulgarian customary law legitimizes certain powers of the Bulgarian woman and in the vernacular different names are used for the word woman and to regulate her legal status. The woman-daughter, maiden, fiancée, bride, wife and mother has a number of responsibilities – housework and field work, childbirth and raising children, etc., but she has never been a slave, completely subordinate to the authority of her father or that of her husband. Living conditions create opportunities for her not to be impersonal, but on the contrary to take an active part in making important decisions for the family and the community. Her right to property, as well as to dispose of her possessions, are proof of the power she possesses.

More...

Спиране на изпълнителното производство като вид обезпечителна мярка

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

In recent years, there have been more frequent cases in which, the issuance of a preliminary measure suspending the enforcement proceedings is requested. The peculiarity of this measure consists in the various procedural conditions that the law. It is important whether the measure is requested in an already pending cases or in a proceeding to secure a future claim. These differences from other security measures require consideration of the problem from all possible procedural aspects.

More...

Подсъдност от последна степен, или за правомощието на ВКС да определя Компетентния съд по чл. 123 ГПК

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

The article examines the question of the construction of a provision in the Civil Procedure Code, authorizing Supreme Court of Cassation to designate proper venue when rules of jurisdictional venue are insufficient to determine it. It is argued that the statutory provision envisions a venue of last resort and embodies an inherent jurisdiction by SCC as having supervisory judicial power. A recent judicial case in point is examined.

More...

В защита на ''публичната личност''

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

The subject of the report is the right to privacy of the so-called ''public persons'' (more precisely of those who are known to the public because they are engaged in work in the public interest). The aim is to strike a balance between this fundamental human right, on the one hand, and freedom of expression and freedom of information, on the other. Arguments are put forward in favor of the view that the privacy of the ''public figure'' should be as protected as that of other citizens.

More...

Някои въпроси на данъка при източника по ЗКПО при възмездното разпореждане с български дружествени дялове или акции от страна на чуждестранни юридически лица

Author(s): Tyurker Mollahasan / Language(s): Bulgarian Publication Year: 0

The report aims to analyze some of the tax consequences that occur in the disposal against consideration of Bulgarian shares or stocks by foreign legal entities. The Corporate Income Tax Act (CITA) is the normative act that regulates these consequences. Moreover, the CITA regulates a different regime depending on the quality of the transferor of the Bulgarian company shares or stocks – whether it is a local legal entity or a foreign legal entity. The report below analysis only the tax implications for foreign legal entities. The essence of the withholding tax under CITA, the object of taxation, the subject of the tax, the specifics of the tax event and the determination of the amount of the tax liability and the rules for declaring and paying the tax are analyzed.

More...

Редът за приемане на работа като израз на специалната закрила на труда на непълнолетните

Author(s): Iliyana Sabinova / Language(s): Bulgarian Publication Year: 0

Due to their young age minors are more vulnerable as employees. They need enhanced and thorough care. The special protection of minor labour manifests itself throughout the whole existence of the individual employment relationship. Even more. The protection of youth labour begins even before the employment relationship is established and in a temporal aspect this is the first element of the increased legislative attention to young people as carriers of labour force. The special legal regime which precedes the emergence of the employment relationship is expressed in the special procedure for employment of minors. The latter includes a mandatory preliminary thorough medical examination and a prior permission from the Labour inspectorate. Thus the special rules about the protection of youth labour are a guarantee that the labour process will not endanger the life, health and overall development of minors.

More...

Защитава ли уредбата на чл. 127а; алинеи 2–4 от Семейния кодекс най-добрия интерес на детето?

Author(s): Mihail Malchev / Language(s): Bulgarian Publication Year: 0

The review of the case-law on the application of the court proceedings under Art. 127a; para. 2-4 of the Family Code establishes contradictory permits; leading mostly to a slow course of the court proceedings and the lack of predictability of the outcome. In this way; the best interests of the child cannot be guaranteed. In this regard; the Bulgarian case law has been criticized in the case of Penchevi v. Bulgaria (application no. 77818/12; final judgment of 10.5.2015). In view of the identified problems in the application of the legal framework; according to the author; a legislative change in the regulation of court proceedings is required.

More...

Обичайноправната терминология във връзка с наследяването

Author(s): Patritsia-Aleksandra Bozhinova / Language(s): Bulgarian Publication Year: 0

Inheritance in accordance to common law is characterised with firm terms, most of which remain the same even today. This article presents the basic terms in relation to inheritance and their nuances in different Bulgarian regions. The purpose of this text is to examine the most common terms by researching the essence, methods and features of inheritance in the context of common law.

More...

Административноправни задължения на организаторите на спортни мероприятия във връзка с правото на достъп до територията на спортна зона съгласно Закона за опазване на обществения ред при провеждането на спортни мероприятия

Author(s): Kiril Goranov / Language(s): Bulgarian Publication Year: 0

The Law on the Protection of Public Order in the Conduct of Sports Events includes a number of administrative obligations towards the organizers of public events of a sporting and competitive nature. Some of the obligations are related to the provision, depending on the right of access of persons to the territory of the sports area where the sporting event is held. It is comprehensive to ensure the safety and security of participants and visitors in order to monitor public order, excluding the implementation of anti-social acts and others. Failure to comply with the obligations could lead to the application of administrative penalties to the organizer.

More...