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Развитие на международното частно право в Европейския съюз

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

This article focuses on the Rome Convention of 1980, because there is no detailed analysis on the same topic in Bulgaria. Attention is drawn to the original the Treaty establishing the European Economic Community (EEC). The creation of Rome Convention, its content and scope of application, as well as non-contractual problems that occur in certain hypotheses are studied. The paper draws attention on the relationship between the Convention and private international law sources, as well as on the general principles that are embedded in the Convention.

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Предишните осъждания на субекта на престъплението и обществената му характеристика като отегчаващи и смекчаващи вината обстоятелства

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

The paper presents a brief analysis of the concept of public danger of the act and the cases that determine the degree of public danger. The issue related to the circumstances that depend on the decision to take one or another measure of restraint against the accused is commented on. An opinion is expressed that the degree of public danger of the perpetrator can be judged mainly by whether he has a criminal record and what his social characteristics are. It also touches on the important issue of the individualization of punishment and the possibility of imposing a lighter sentence depending on the absence of criminal record.

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Правовият ред в българските възрожденски еснафи

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

This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.

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Правото и правната наука през следващото хилядолетие

Author(s): Zhivko Stalev / Language(s): Bulgarian Publication Year: 0

The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.

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Изискването за спазване на административнопроизводствените правила

Author(s): Kino Lazarov / Language(s): Bulgarian Publication Year: 0

The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.

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Луганската конвенция за юрисдикция и изпълнение на решенията по граждански и търговски дела

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised aboud the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.

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Относно същността на погасителната давност

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

This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.

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5.50 €

Сравнителноправни бележки относно неравноправните клаузи

Author(s): Jordan Pangev / Language(s): Bulgarian Publication Year: 0

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts provides the basis on which the European countries build their legal framework regarding unfair terms. However, there are significant differences in the regulations of the individual countries, and it would be useful to make a comparison between the solutions adopted in the national regulations. This report will limit itself to the comparison between Bulgarian and German legislation.

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7.00 €

За личната отговорност на управителите на капиталови дружества към кредиторите при неплатежоспособност на дружеството

Author(s): Aleksandar Aleksandrov / Language(s): Bulgarian Publication Year: 0

The article addresses the question of whether the current legal framework allows creditors to engage the personal directors’ liability for their mismanagement and wrongful trading, as a result of which the company’s assets have decreased and creditors have not been able to collect their claims. In a comparative legal aspect, the legal framework on this issue in English, German, Austrian, French and European Union law is examined.

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6.00 €

Необходими промени в производството по стабилизация

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

The purpose of the article is to formulate more important proposals for changing the regulation of Part Five of the Commerce Act (CA) for stabilization proceedings. They are structured in two groups – proposals to remedy shortcomings in the framework of Part Five CA established in the course of its implementation, and proposals related to the transposition of Directive (EU) 2019/1023 into the Commerce Act. The first group of proposals for changes are of a recommendatory nature, while the second group is binding, as a rule, given Bulgaria’s obligation to implement the provisions of the Directive into our law.

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6.00 €

Принципите на европейското семейно право - основни характеристики, правна природа и отграничения

Author(s): Dimitar Topuzov / Language(s): Bulgarian Publication Year: 0

The article addresses the main characteristics and legal nature of the Principles of European Family Law (PEFL, the Principles). The problem is topical due to the fact that the Principles are understudied in Bulgarian doctrine and are generally poorly known even by those researchers and practicing jurists who work in the field of family law. This not only leads to the confusion of PEFL with other legal categories but also hampers the possibility for the significant functions carried out by the Principles from being realized. By this study the author sets the task to clarify the legal nature of the Principles as to that end he deducts and analyzes the characteristics that are defining for their legal essence. The Principles are related to the sources of soft law and, in particular, to the category of private codifications. The study also clarifies the manner in which the Principles are correlated to the legislative acts, legal principles, doctrine and other categories similar in terms of their formal juridical characteristics by outlining clear dividing lines between them.

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4.50 €

Националната държава в променящия се свят

Author(s): Veselin Hristov Tsankov / Language(s): Bulgarian Publication Year: 0

The fate of the nation-state and its future in human development is one of the topical issues on the agenda in Europe. This significant issue is influenced by internal phenomena and processes as well as globalization. It should be noted the significant change as a result of the war in Ukraine in 2022, the redistribution of world powers, the new unification and integration processes and the impact of all this on individual nation-states.

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The Evolution of the Property Concept in Roman Law

Author(s): Ionuţ Ciutacu / Language(s): English Publication Year: 0

In primitive times, people used things from the environment to satisfy their basic needs. Initially, things were used to satisfy elementary needs. Later, the production of the three social divisions of labor contributed to the development of society and to the increase of the role those certain categories of objects had in everyday life. Along with this, people became aware of the importance of regulating the control they exercised over these things and the necessity of enshrining the right of ownership. In Roman law, the institution of property crystallized after a long process. This process began in the very Ancient Era, when movable property came under the scope of private property, and land came under the scope of collective property, continued in the Classical Era, when private property manifested itself in several forms, and completed in the Post-Classical Era, with their unification.

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Autonomy of the Person with Disabilities in Romania

Author(s): Roxana Topor / Language(s): English Publication Year: 0

The topic "Autonomy of the person with disabilities in Romania" aimed to investigate the level of autonomy of people with disabilities in Romania, as well as the factors influencing this autonomy. The study is important to identify the needs of these people and to help develop policies and programmes that support their autonomy and social inclusion. The results of the research showed that people with disabilities in Romania have low autonomy, influenced by factors such as limited access to care and support services, stigma and discrimination. Therefore, it is necessary for authorities and society in general to pay more attention and provide support to ensure that people with disabilities have access to the necessary resources and benefit from their rights to develop their autonomy.

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4.50 €

Субекти на отговорността за чужд данъчен дълг

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

This report focuses on the subjects of liability for foreign tax debt, regulated in the provision of Article 19 of the TIPC, and is not intended to be exhaustive. A brief analysis of the matter related to the legal framework of the individuals who can be constituted as bearers of this type of legal responsibility – specific to tax law – has been made. The thesis that sole proprietors also fall into this category of individuals is substantiated, and the relevant case law of the Supreme Administrative Court has been examined.

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4.50 €

Право на достъп до здравна грижа на хората с редки заболявания

Author(s): Antonia Ilieva / Language(s): Bulgarian Publication Year: 0

In the last decade of the twenty-first century, there has been a tendency of sharp increase in the number of diagnoses registered in the List of Rare Diseases in the Republic of Bulgaria. This trend brings to the fore a number of important issues regarding the availability of medical resources and knowledge related to these diseases, patient access to modern methods of treatment and timely provision of medical assistance. There is also a significant problem with access to orphan medicinal products, which most often turn out to be suitable for controlling the condition of a patient suffering from such a disease.

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4.50 €

Предизвикателства и перспективи при определяне на приложимото законодателство по смисъла на дял II от регламент №833/2004 в условията на работа от разстояние или хибридна работа

Author(s): Siyana Dimitrova / Language(s): Bulgarian Publication Year: 0

This report addresses some challenges in determining applicable legislation within the meaning of Title II of Regulation (EC) No 883/2004 in remote working conditions or hybrid work and the prospects for applying the legal framework in relation to the guidelines given by the European Union (EU) in Administrative Commission for the Coordination of Social Security Systems Note AC125/22REV2. The COVID-19 crisis has changed the world, but it has also thoroughly changed our way of working, workplace and the employer-employee relationship. How has work changed during the global pandemic, and what will it look like in the future? People quickly figured out how to work from home. Тhe prevalence of telework has significantly increased across the world, including Europe. This, surely, applies to those employees who work across borders as well. These people no longer perform some or any of their activities in the Member State in which their employer is established, instead, they work/ed online in the Member State in which they reside, or in another Member State. Administrative legal regime concerning the coordination of Social Security Systems and application of the related Regulations faced a new challenge. Taking into account the need to assess the general interpretation of the existing legal framework, the European union (EU), by Note АС 125/22 REV2, introduced new guidelines on the application of social security systems for people, who work remotely and the application of policies for telework or hybrid work. Finding and implementing successful working patterns during the time of global crisis turned out to be not only a solution today (de lege lata), but also a prospect for a better solution tomorrow (de lege ferenda), because according to a number of researches the future belongs to the remote and hybrid work and it is supposed to remain part of the working patterns of many employees and companies with such policies to be rated as a preferred employer.

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4.50 €

Международни многостранни споразумения по опазване на защитените природни територии с участието на Република България

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

This scientific study is dedicated to the international law regime for the conservation of the protected natural areas. The attention is paid to legal measures for the protection of these areas under certain international multilateral universal agreements with the participation of the Republic of Bulgaria. Finally, some general conclusions are deduced from the examined international law regulation.

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8.00 €

The Foreigner and Ownership Rights in Eastern Adriatic Medieval Communes

Author(s): Ante Birin / Language(s): English Publication Year: 0

The legal position of foreigners in Eastern Adriatic medieval cities, which in the period from the 12th to 14th centuries organized themselves as communal societies, is a subject that surpasses the existing juridical sources, same as in the case of Italian cities. Limited almost exclusively to the city statutes, i.e. codices of urban law, these sources – chronologically determined by their time of composition and conceptually insufficient concerning the fact that they were more or less regulating only some questions regarding the foreigners – reveal only the tip of an iceberg in terms of their legal status. The lack of juridical sources from the pre-statutory period, on the one hand, leaves open the question how the legal position of foreigners was regulated at the time and how it gradually evolved. Partnership and commercial contracts with which the Eastern Adriatic communes sought to regulate, bilaterally, their relations to each other, as well as towards the Western Adriatic communes during the 12th and 13th centuries, reveal that the two fundamental principles on which they were based - the principle of reciprocity and the principle of protecting the property and person of foreigners (merchants) – became and remained the basis of their legal status when codifying urban law.

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8.00 €

Mechanisms of Immovable Property Transfer in a Medieval Town: The Case of Zadar

Author(s): Tomislav Popić / Language(s): English Publication Year: 0

The aim of this article is to analyse several mechanisms that served as a basis of immovable property transfer between people of medieval Dalmatian towns. Medieval Zadar has been selected for the case study because the surviving records allow us not only to outline these mechanisms, but also to track the ways in which property transfer was carried out in everyday practice. The main source used is the archival fond of Zadar’s High Court for Civil Disputes, Curia maior civilium (hereafter: CMC), a collection of documents mostly dated to the second half of the 14th century. A careful study of these records offers an insight from a new angle into the everyday practice of immovable property transfer and allows for comparing it with the norms set down in the Statute of Zadar.

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