Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

Минимална държавна помощ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 8/2018

De minimis aid is a particular type of state aid, for which, in view of its specificities, a different(special) regime has been introduced with regard to the administration of this type ofaid. De minimis rule — exemption of small aid amounts from notification (the ceiling set in theRegulation) is considered not to meet all the criteria in Article 107 (1) of the Treaty on the Functioning of the European Union and, in the end, does not lead to a distortion of competition. The‘ceiling’ set out in Regulation 1407/2013 is EUR 200 000 which may be granted to one undertakingfor each period of three fiscal years.

Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

Правата на човека в борбата с тероризма: Режими за санкции на Съвета за сигурност на Организацията на обединените нации

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: 1-3/2019

In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reformsto be made to the arrangements inplace to ensure fundamental human rightsin the fight against terrorism.

Влиянието на съдебната практика на ВКС върху развитието на законодателството в Република България

Author(s): Maria Tsokeva / Language(s): Bulgarian Issue: 1-3/2019

The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.

REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

Author(s): Gábor Hamza / Language(s): English Issue: 2/2019

The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.

RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

Changing Frames of Reconciliation: The Politics of Peace-Building in the Former Yugoslavia

Author(s): Heleen Touquet,Peter Vermeersch / Language(s): English Issue: 01/2016

In this article, we examine reconciliation as a category of political practice. More particularly, we explore the ways in which the term reconciliation has been employed and invested with meaning in the recent legal, social, and political discussions on transitional justice and EU accession in the former Yugoslavia. Much of the literature on the former Yugoslavia highlights the need for reconciliation and envisages it as the ultimate goal of a process of societal and political transformation. But what does reconciliation mean? Our assertion is that reconciliation is a dynamic term; its meaning varies across discursive fields and according to the implicit assumptions associated with it. This article investigates a number of ways in which the term reconciliation has been given meaning in the former Yugoslavia through an exploratory analysis of three related fields of political discussion: (1) transitional justice, in particular the arena of discursive interaction surrounding the completion of the activities of the ICTY in The Hague; (2) the human rights and enlargement agenda of the EU; and (3) local and regional civil society initiatives, including the RECOM initiative, which calls for the establishment of a mechanism for truth-telling and reconciliation across all the countries of the former Yugoslavia. On the basis of an analysis of public statements by politicians and activists, as well as some interviews with key actors in these three fields, we show that reconciliation is mobilized in varying and often conflicting ways.

Transitions Online_Around the Bloc-Friday, 23 October 2020

Author(s): Jeremy Druker / Language(s): English Issue: 10/26/2020

Regional headlines: Poland’s highest court bans most abortions; Albania to host anti-Semitism conference.

ОБЗОР НА РИМСКОТО НАСЛЕДСТВЕНО ПРАВО

Author(s): Rafael Domingo / Language(s): Bulgarian Issue: 1/2020

The law of succession addresses the legal destiny of a person’s rights and duties after his death. Closely tied to the fundamental and peculiar features of Roman family and society, the law of succession presents vast difficulties for Roman lawyers because of its highly sophisticated nature and lack of systematic coherence. It is no coincidence that eleven out of fifty books in the Digest address the law of succession. The development of the law of succession reflects important social changes in Roman economic structures and value systems. It echoes the progression from an old Roman agrarian society to a new commercial one. From a technical legal perspective, the law of succession reveals the tension between civil law and praetorian law. Without formally altering the civil law, the praetor introduced fundamental adjustments to protect emancipated persons, blood relatives in the female line, and surviving spouses, among others.

QUESTIONING DEFENDANTS VIA SKYPE DURING THE STATE OF EMERGENCY IN THE REPUBLIC OF SERBIA

Author(s): Aleksandar Bošković,Tanja Kesić / Language(s): English Issue: Suppl./2020

The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.

Transition on Trial

Author(s): Emanuel-Marius Grec / Language(s): English Issue: 13/2020

In this article, I examine the People’s Tribunals and the relevant debates surrounding them. I focus in particular on the symbolic role of these special trials in the Romanian public imagination after 1989, as well as the ways in which scholars can better fit them into existing historiographical patterns. Concepts such as “political justice” or “transition” will also be further explored. Also, I analyze the way in which the Soviet influence in these post-war trials has been perceived, while also looking at the multiple ways in which it can be interpreted. I then show that the study of the Holocaust in Romania is contingent upon understanding these crucial post-war attempts to deal with the horrors of Romania’s past. With all their issues, the People’s Tribunals were crucial in condemning war criminals who perpetrated the genocide of Jews and Roma in Romania. Their unique character must be drawn into relief as they were based on special laws, as ordinary courts did not have the capacity to deal with the unprecedented nature of the crimes that took place during World War II. In this sense, seeing these legal proceedings within the larger European context of dealing with Nazi crimes is of the utmost importance.

Justice behind the Iron Curtain: Nazis on Trial in Communist Poland

Author(s): Andrei Muraru / Language(s): English Issue: 13/2020

PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS

Author(s): Akosua Serwaah Akoto / Language(s): English Issue: 1/2021

Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.

ВАРИАЦИИ ВЪРХУ "PACTA SUNT SERVАNDA". ОКОЛО И ИЗВЪН ФРЕНСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Pierre Jadoul / Language(s): Bulgarian Issue: 2/2020

Over the time, the experts spared no praise and competed for compliments to describe the French Civil Code entered into force on March 21st 1804. Nevertheless, on the bicentennial anniversary of this code the famous French lawyer Robert Badinter noted: „The most remarkable about the Civil Code today is its longevity rather than its content.” The article provides a brief overview of the process of creating of the French Civil Code, the preparatory actions and discussions, as well as their modern re-evaluation, mainly in connection with the general theory of the obligations and the principle of "Pacta sunt servаnda".

DOLUS O CULPAE CAPAX. LA CAPACITÀ DI DELINQUERE DELL’IMPUBERE TRA CONTINUITÀ E DISCONTINUITÀ

Author(s): Mariateresa Carbone / Language(s): Italian Issue: 2/2020

The impubes’s delict laibility, in the classic period, is subordinated to being doli or culpae capax; two decemviral provisions, instead, established a less severe sanction respect to pubes in case of impubes’s criminal behavior regardless from assessment about his actual ability to commit crime. Some textual clues allow us to speculate the historical happening that determined this evolution whose goal stands as a fondament of our current regulations, where is expected also an age range characterized from absolute presuption not-imputability and a next one (that a recent proposal of law would tend to turn down, bringing it closer to the ages of pubertati proximi) where the imputability depends on the ability understanding and wanting of the subject.

FROM FAS TO IUS AND THEIR ROLE IN TRADITIO IURIS ROMANI

Author(s): Cristina Pop / Language(s): English Issue: 2/2020

Among the numerous law systems known in history, the only one capable to develop a well-defined legal terminology, distinct in relation to the average, ordinary language, was the Roman law one. Even though in the ancient comprehension of the Quirites the laws would take a religious garb from both the point of view of their linguistic expression and from the point of view of their meaning, it was for the first time in history that the Romans created a unity of notions, able to transpose in a juridical language society's major interests. It was a fact also due to the general evolution from the antique fas to the exhaustive ius.

КОРПОРАТИВНА ОТГОВОРНОСТ. ПОЛСКОТО ЧАСТНО ПРАВО И ЗАПАДНАТА ПРАВНА ТРАДИЦИЯ

Author(s): Grzegorz Blicharz / Language(s): Bulgarian Issue: 2/2020

The Polish legislator has extended the strict liability of entrepreneurs to in-clude cases of damages and injuries caused by conducting special business activity. It was justified by the principle cuius commodum eius periculum, cuius commodum eius damnum which was also invoked in the jurisprudence of the Polish Supreme Court. This principle, together with the similar principle of ubi emolumentum ibi onus, shows that strict liability is grounded in the principle of economic utility. Historical research, however, has shown that neither of these two justifications originates in Roman law. Although the prin-ciples are taken from Roman legal sources, they were used by Roman jurists in different contexts: in contractual obligations and in the law of succession, where they have their roots. The ancients also applied strict liability to certain types of entrepreneurs, yet with a different ratio: to limit the abuse of customer trust. The development of law shows that after centuries of the prevailing idea of fault liability, legislators are nowadays returning to strict liability in the case of entrepreneurs with a different kind of justification, recalling the fact that all types of liability were already present in Roman law.