Пролетни правни дни 2020
Spring Law Days 2020
Proceedings of Scientific Conference Organized by the Law Faculty of University of Plovdiv
Contributor(s): Angel Shopov (Editor), Aleksandar Aleksandrov (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, International Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: law; theory; history; law studies
Summary/Abstract: In the first volume the reader could find studies in Theory and History of Law; Civil Law; International and European Union Law. The second volume is devoted to Public Law and Criminal Law studies. Last but not the least, these proceedings are pro memoria of our colleagues who taught at our Law Faculty but unfortunately passed away.
- Print-ISBN-13: 978-619-202-723-0
- Page Count: 329
- Publication Year: 2021
- Language: English, Bulgarian
Публичната собственост и римскоправните аспекти на нейното регулиране
Публичната собственост и римскоправните аспекти на нейното регулиране
(Public Property and Roman-Law Aspects of Its Regulation)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Roman law
- Page Range:11-37
- No. of Pages:27
- Keywords:Roman law; res publica; res privata; res extra commercio humani iuris; pecunia populi romani; res omnia communes; utilitas publica
- Summary/Abstract:The article is the first part of a more extensive work within a scientific project of the Law Faculty of “Paisiy Hilendarski” University of Plovdiv No. FP19 – UF – 003 on current aspects of the study of property relations in modern law, some of which are a reflection of Roman law institutions. It is devoted to the concept of public property and the corresponding classifications in Roman law sources as a basis of modern distinction between public and private property. These issues are introductory to the further study of the right of use, legal protection of public property and the transformations between public and private property - some of the most dogmatically discussed issues, which have a wide practical significance and raise many questions about the nature of the legal regulation of the borderline cases between public and private possession and use of property and goods.
- Price: 4.50 €
What did Jesus Write on the Ground?
What did Jesus Write on the Ground?
(What did Jesus Write on the Ground?)
- Author(s):Francesco Lucrezi
- Language:English
- Subject(s):Christian Theology and Religion, Law, Constitution, Jurisprudence, Theology and Religion, History of Religion
- Page Range:38-49
- No. of Pages:12
- Keywords:The words of Jesus; Orality and writing
- Summary/Abstract:The Pericope of John, Writing with His finger, The words of Jesus, Sins and sinners, Orality and Writing
- Price: 4.50 €
Съвременни интерпретационни модели на релацията между Ius и Iustum
Съвременни интерпретационни модели на релацията между Ius и Iustum
(Contemporary Interpretive Models of the Relationship between Ius and Iustum)
- Author(s):Svetoslav Naumov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
- Page Range:50-61
- No. of Pages:12
- Keywords:Justice; Philosophy of Law; Legal Consciousness; Legislation
- Summary/Abstract:The issue of the connection between law and justice has historical, politological and purely legal and legal-philosophical aspects. The analysis of that relationship needs a philosophical and historical overview to be made, as well as to outline its contemporary aspects. The article is dedicated to the connection between justice and law in the context of the philosophical concept of fairness, equality and freedom. Philosophical-juridical discourse of justice brings forth the particular actuality of the topic given the context of the contemporary international standards and regulations that form the institutional frame of modern legal policy.
- Price: 4.50 €
Право и икономика и икономика на правата
Право и икономика и икономика на правата
(Law and Economics and Economics of Rights)
- Author(s):Kiril Ilchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Sociology of Law
- Page Range:62-79
- No. of Pages:18
- Keywords:economics and law; effectiveness; evaluation; options; rule-making; uncertainty; impact assessment; regulations
- Summary/Abstract:The development of the World during the past years increasingly makes us think about how we live, what kind of moral values and culture of knowledge about our environment we have; what kind of rights we have and how, and why we exercise, respectively not exercise them. The global ‘climate’, dynamic and exposed to risky situations, is gradually evolving and entering a period of search for efficiency, effectiveness, balance and adaptability, in order to stabilize itself, survive and continue in an optimal way.The idea behind this article is to show in general aspect the theoretical ways, stands, schools and concepts in this interdisciplinary field. The use of the different economic concepts and tools gives us many possibilities: to look at the nation as a combination of organized systems, to discover and shape the balance and harmony between them, their subsystems and elements with the purpose of successful implementation of different rights; to suppose and explain the effects of the legal norms, in or even before their creation; to estimate which legal decisions are rational and to provide for which of them should be rejected, approved, amended, etc. So this approach will make them socially justified, more understandable, accepted and implemented by the society.
- Price: 4.50 €
Юридическа аргументация и процесуално доказване
Юридическа аргументация и процесуално доказване
(Legal Argumentation and Procedural Proving)
- Author(s):Doroteya Dimova-Severinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:80-93
- No. of Pages:14
- Keywords:legal argumentation; procedural proving; characteristics; differences; law enforcement proceeding
- Summary/Abstract:Legal argumentation and procedural proving are part of any law enforcement proceeding. They have their own characteristics, different subject and purpose in the proceedings. Both activities should be distinguished unmistakably in theoretical aspect so that their practical implementation can be complete.The present report sets three goals: To determine the place of legal argumentation and procedural proving in law enforcement proceedings; To reveal the general terms, the similarities between both activities; To bring out the differences between them and to outline their different subject, characteristics and goals in the proceedings.
- Price: 4.50 €
Blood Ties
Blood Ties
(Blood Ties)
- Author(s):Sara Lucrezi
- Language:English
- Subject(s):Essay|Book Review |Scientific Life, Cultural Essay, Societal Essay, Conference Report
- Page Range:94-104
- No. of Pages:11
- Keywords:Nigerian cults; mafia affiliation rites; allegiance oath; rites of passage; African Traditional Religion
- Summary/Abstract:This brief intervention intends to consider the use of ritual oaths, typical of traditional African religions, in the initiation rites of the Nigerian mafia. As I have noted elsewhere , these rites in Nigeria are widely utilized for a wide range of social functions, and are also used within sects of various types, and in organized crime, in order to ensure close mental control over members, and consolidate the power of the leaders. I therefore intend to briefly analyze the nature of these associations and the role played in them by the rites, in Nigeria and in other countries, particularly in Italy.
- Price: 4.50 €
Инсуфициентните субективни права в частното право
Инсуфициентните субективни права в частното право
(Insufficient Subjective Rights in Private Law)
- Author(s):Polya Goleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
- Page Range:107-118
- No. of Pages:12
- Keywords:insufficient rights; imperfect rights; subjective rights; private law
- Summary/Abstract:The article addresses the rights that are not of full value. There are rights, which only declare what to do, but there is not any sanction in case of their breach and the owner of the right cannot realize it. There is no possibility to fulfill the rights. In German theory these rights are referred to as ‘Unvollkommene Rechte’. Literally, this means ‘imperfect rights’. I prefer the term ‘insufficient rights’, because it expresses most precisely the specific features of the rights, subject of research in this article. Insufficient are rights, which suffer a lack of some elements and this is the reason why these rights are not recognized as perfect private rights.
- Price: 4.50 €
Информирано съгласие при лечението на малолетни и непълнолетни, чиито родители нямат възможност лично да ги заведат до лечебното заведение
Информирано съгласие при лечението на малолетни и непълнолетни, чиито родители нямат възможност лично да ги заведат до лечебното заведение
(Informed Consent in the Treatment of Minors Whose Parents Are Not Able to Personally Take Them to the Hospital)
- Author(s):Krasimir Peychinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law
- Page Range:119-124
- No. of Pages:6
- Keywords:Informed consent; parent; third person; child; an emergency; medical centre
- Summary/Abstract:According to Art. 87, Para 1 of the Health Act, informed consent for treatment is provided personally to each adult. There are exceptions in cases where a person is under ban, when he/she is unable to express informed consent (Art. 162 of the Health Act) or when his or her physical or mental condition prevents him/her from expressing his/her consent (Art. 89, Para 2, item 1 of the Health Act).The law provides for cases where other persons may express informed consent instead of the patient: the parent instead of the minor child; the guardian instead of the person under full guardianship; the person who has been assigned the care of a child accommodated, by court order, outside the family following a positive opinion of the Social Assistance Directorate; Social Assistance Directorate in cases where the child is accommodated outside the family by administrative order; the persons determined in accordance with the procedure of Art. 162, Para 3 of the Health Act instead of a patient with a mental disorder and an established incapacity to express informed consent. When analysing the legislation, it is found that there are cases where the legislator has not indicated who is the holder of the right to express informed consent on behalf of the minor patient, and it is exactly these cases that will be addressed in this analysis.
- Price: 4.50 €
Заплашване при договарянето
Заплашване при договарянето
(Duress in Contracting Process)
- Author(s):Angel Shopov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Commercial Law, Comparative Law
- Page Range:125-138
- No. of Pages:14
- Keywords:vice of will; avoidance; duress; threat; Art. 30 LOC
- Summary/Abstract:The article addresses the main lines of the historical development of the institution, through a comparative perspective, from the beginning of the XIX century until today. It refers to the regulation of the civil laws – models of continental legal system (French and German), together with this of the Italian and Bulgarian law. The elements of the factual composition of this ground for annulment of the contracts [under Art. 30 of Bulgarian Law of Obligations and Contracts (LOC)] are stated. A brief analysis of the regulation of soft-law sources is made.
- Price: 4.50 €
Исторически основи на разграничаването на собствеността на публична и частна
Исторически основи на разграничаването на собствеността на публична и частна
(Historical Foundations of the Distinction Between Public an Private Property)
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
- Page Range:139-151
- No. of Pages:13
- Keywords:property; public property; private property; types of property; public law; private law; expropriation
- Summary/Abstract:The article represents the beginning of a broader and more in-depth study of the problems of expropriation in the public interest. This study involves tracing the historical foundations of the division of property into public and private, as well as the impact of its denial during certain periods for Bulgaria. It also presupposes a new look at the time-required restoration of this division of property and the consequences for Bulgarian citizens. Examining this division in the light of modern law cannot be complete and exhaustive without tracing past developments. Three lines of research are emerging. The first line is related to the consideration of the separate types of property rights existing in Ancient Rome, as well as the question of which of the types of property began to be spoken of as public, along with private property. The second line of research logically passes through the question of the types of things known to Roman private law. There is also a third line of research, which concerns the division of law in Rome into public and private, the consequences of this division both for the systematization of Roman law as a whole and for the influence on matters of property. The division of public and private law later penetrated the European constitutions and their common rules of property. But these last questions are the subject of subsequent articles.
- Price: 4.50 €
Вещно действие на дворищната регулация до приемането на ЗУТ
Вещно действие на дворищната регулация до приемането на ЗУТ
(Real Rights Effect of Yard Regulation Until yhe Adoption of the Spatial Development Act)
- Author(s):Stoyan Stavru
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:152-166
- No. of Pages:15
- Keywords:regulation; properties; expropriation; plots; cadastre
- Summary/Abstract:The article examines the historical development of Bulgarian legislation on development regulation since the beginning of the third Bulgarian state. The main focus of the study is the importance of regulatory plans for the integration and division of real estate, as well as the legal effect of these plans on real property rights over the real estate. An attempt has been made to summarize and systematize the existing regimes and clarify their application at present.
- Price: 4.50 €
Павловият иск и неговите проявления в съвременния граждански и търговски оборот
Павловият иск и неговите проявления в съвременния граждански и търговски оборот
(Actio Pauliana and Its Aspects in the Modern Civil and Trade Turnover)
- Author(s):Yordanka Noneva-Zlatkova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Comparative Law, Roman law
- Page Range:167-177
- No. of Pages:11
- Keywords:Actio Pauliana; creditor’s rights; suretyship; rescissory action; fraudulent actions
- Summary/Abstract:Civil and commercial relations in today’s realities of technological and technical progress are developing at an extremely fast pace so as to respond to civil and commercial situation. Despite this progress, Actio Pauliana continues to exist in today’s legal reality. It is an institution that has retained its significance since the time of Roman law and is still evolving today. This material represents an analysis of the case law under Art. 135 of the Bulgarian Law on Obligations and Contracts, highlighting the significance of the Interpretative Decision No. 2 of 09.07.2019 in case 2/2017 of the General Assembly of the Civil and Commercial Division of the Bulgarian Supreme Court of Cassation for unification of jurisprudence and making a parallel with the Actio Pauliana in the commercial law and its specific features.
- Price: 4.50 €
За някои правни проблеми, свързани с професионалната квалификация според Кодекса на труда
За някои правни проблеми, свързани с професионалната квалификация според Кодекса на труда
(On Some Legal Issues Related to the Professional Qualification According to the Labour Code)
- Author(s):Andrey Aleksandrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:178-195
- No. of Pages:18
- Keywords:professional training/qualification; retraining; on-the-job training employment contract; dual education system; traineeship
- Summary/Abstract:The legal framework of the mechanisms for gaining and improving professional training and retraining in our labor legislation is dynamic, and assessments of its effectiveness have always been contradictory. The purpose of the study is to seek answers to some questions about the appropriateness of changes in this legal institution in recent years. A number of weaknesses in the legal decisions have been identified and proposals have been made to overcome them. The analysis of at least some of the problems caused by the legal uncertainty in this field is made in the hope of provoking new scientific discussions and preventing the recurrence of such mistakes in the future.
- Price: 4.50 €
Допълнително трудово възнаграждение за придобита научна степен, свързана с изпълняваната от работника или служителя работа
Допълнително трудово възнаграждение за придобита научна степен, свързана с изпълняваната от работника или служителя работа
(Additional Labour Remuneration for a Gained Academic Degree Related to the Work Performed by the Employee/Worker)
- Author(s):Anna Bakalova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:196-202
- No. of Pages:7
- Keywords:Additional remuneration; science; degree; doctor (PhD)
- Summary/Abstract:This article deals with the prerequisites for acquiring the right to additional labour remuneration for a gained educational and scientific degree ‘Doctor/PhD’ or academic degree ‘Doctor of Sciences’, regulated in Art. 11 of the Ordinance on the structure and organization of the salary. Particular attention is paid to the requirement that the degree gained should be related to the work performed by the employee, as well as to the employer’s ability to determine the prerequisites and the amount of the additional labour remuneration.
- Price: 4.50 €
Проблемни въпроси при прилагането на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 от ТЗ за вписване на решения на Общото събрание в търговския регистър
Проблемни въпроси при прилагането на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 от ТЗ за вписване на решения на Общото събрание в търговския регистър
(Some Issues in the Application of Art. 140, Paras 1 and 3 and Art. 231, Para 3 of the Commercial Act Concerning the Entry of Decisions of the General Assembly in the Commercial Registry)
- Author(s):Grigor Naydenov Grigorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Court case
- Page Range:203-214
- No. of Pages:12
- Keywords:Commercial Registry; decisions; General Assembly; entry; announcement; entry in force
- Summary/Abstract:The subject of the report deals with some issues in the application of Art. 140, Para 3 and Art. 230, Para 3 of the Commercial Act concerning the entry of decisions of the General Assembly of a capital trading company in the Commercial Registry. Court practice on the application of Art. 140, Para 3 of the Commercial Act in particular has been analyzed. Proposals de lege ferenda are made.
- Price: 4.50 €
Член 38 от българския Закон за адвокатурата
Член 38 от българския Закон за адвокатурата
(Article 38 of the Bulgarian Bar Act)
- Author(s):Stanislav Stanev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:215-224
- No. of Pages:10
- Keywords:attorney; free legal aid; Art. 38 BA
- Summary/Abstract:The provision of free legal aid (also known as pro bono) is a popular legal regulation in the lawyer’s profession. In Bulgaria, the provision of free assistance by a lawyer is regulated in Art. 38 of the Bar Act (BA). The first paragraph of the regulation lists the categories eligible to receive free legal aid. The second paragraph entitles the lawyer to receive remuneration if his/her engagement under the previous paragraph was successfully concluded in court. These rules are relatively rarely used, that is why in many cases judicial acts create controversial practice.The study analyses some specific points such as the possibility of partial application of Art. 38; the lawfulness of negotiating remuneration below the minimum regulated by Ordinance No. 1 of the Supreme Bar Council; the rights under the Art. 38 (2) BA of a lawyer who has been engaged under the first subparagraph and whose power of attorney has been withdrawn before the end of judicial activities, etc.
- Price: 4.50 €
За някои проблеми на погасителната давност в изпълнителния процес при издадена заповед за изпълнение на чл. 418 от ГПК
За някои проблеми на погасителната давност в изпълнителния процес при издадена заповед за изпълнение на чл. 418 от ГПК
(On Certain Issues of the Statute of Limitations in the Compulsory Enforcement Procedure Initiated with an Enforcement Order Under Art. 418 of the Civil Procedure Code)
- Author(s):Rumen Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law
- Page Range:225-238
- No. of Pages:14
- Keywords:statute of limitations; Enforcement Order under Art. 418 of the Civil Procedure Code
- Summary/Abstract:The subject of this scientific report is to study certain issues of the statute of limitations in the compulsory enforcement procedure initiated with an Enforcement Order under Art. 418 of the Civil Procedure Code. In this regard, the report provides both a theoretical analysis of the matter and an overview of the contradictory judicial practice.
- Price: 4.50 €
Исторически преглед на предпоставките, обуславящи възникването на Европейската агенция за гранична и брегова охрана
Исторически преглед на предпоставките, обуславящи възникването на Европейската агенция за гранична и брегова охрана
(Historical Overview of the Preconditions for the Emergence of the European Border and Coast Guard Agency)
- Author(s):Vladimir Valev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, EU-Legislation
- Page Range:241-249
- No. of Pages:9
- Keywords:Frontex; European Union; borders; coast guard; border security
- Summary/Abstract:The article provides a chronological overview of the reasons that led to the emergence of the European Border and Coast Guard Agency. The prototypes of the common security and defense policy, their significance and development are noted. The agencies and policies for the protection of the external borders of the European Union are discussed.
- Price: 4.50 €
Мястото на Европейската агенция за гранична сигурност и брегова охрана (Фронтекс) сред институциите на ЕС
Мястото на Европейската агенция за гранична сигурност и брегова охрана (Фронтекс) сред институциите на ЕС
(The Place of the European Border Security and Coas Guard Agency (Frontex) Among the EU Institutions)
- Author(s):Vladimir Valev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:250-256
- No. of Pages:7
- Keywords:Frontex; Coast Guard; Border Security; European Union
- Summary/Abstract:The article draws attention to the institutional position of Frontex in the system of bodies of the European Union as a special subject of international law, which has developed a framework in primary law on enhanced control and protection of the Union’s external borders.
- Price: 4.50 €
The Right to Asylum and the Treatment of Migrants Through the Practice of the RNM Ombudsman
The Right to Asylum and the Treatment of Migrants Through the Practice of the RNM Ombudsman
(The Right to Asylum and the Treatment of Migrants Through the Practice of the RNM Ombudsman)
- Author(s):Svetlana Veljanovska
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:257-265
- No. of Pages:11
- Keywords:asylum; migrants; treatment; ombudsman
- Summary/Abstract:Facing the challenges and dealing with the refugee crisis in the Republic of Northern Macedonia has been and still is subject to constant and enhanced monitoring by the Ombudsman – National Preventive Mechanism (NPM), which continuously monitors compliance with its mandate and responsibilities on the rights of migrants.Since the end of 2014, there has been an unprecedented influx of refugees in the Republic of Northern Macedonia transiting through the territory of the country to the EU member states. From the beginning of state registration in June 2015 to the end of the same year, there were 388,233 refugees who passed through the country. This paper will address the issue of migrants in the Republic of N. Macedonia in the last five years through the existing legislation in the country and will tackle the problematic points of the Macedonian legislation in this area.Although the issue of migrants is not as acute today as it was a few years ago, the country is still obliged to comply with international law and bring the treatment of migrants into compliance with the obligations it has undertaken by signing international agreements.
- Price: 4.50 €
Международно сътрудничество в борбата с военни престъпления и престъпления против човечеството
Международно сътрудничество в борбата с военни престъпления и престъпления против човечеството
(International Cooperation in Combating War Crimes and Crimes Against Humanity)
- Author(s):Vasil Chambov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law, EU-Legislation
- Page Range:266-279
- No. of Pages:14
- Keywords:International Cooperation; International Law; the ICC; War Crimes; Crimes against Humanity; the Rome Statute; International Relations
- Summary/Abstract:The International Criminal Court is undoubtedly the most significant achievement of international co-operation for the prosecution and punishment of the perpetrators of war crimes and crimes against humanity. The evaluation of its activities should be carried out in the light of an international environment filled with obstacles in which it operates. This paper reviews the balance of power between politics and international law on the international scene and the way it affects the efficiency of the International Criminal Court (ICC) in The Hague. It analyzes the issues which the Court faces in fulfilling its duty to investigate and prosecute the most heinous international crimes. Several factors adversely affect the ICC’s effectiveness and call its future into question. In conclusion, this paper takes the stance that despite the difficulties it faces the existence of the International Criminal Court is invaluable for the development of international law.
- Price: 4.50 €
Ефекти на преюдициалното запитване
Ефекти на преюдициалното запитване
(Effects of the Request for a Preliminary Ruling)
- Author(s):Joanna Shuleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:280-287
- No. of Pages:8
- Keywords:Reference for a preliminary ruling; Unification; Justice; Law-making; Court of Justice of the European Union; Principles of law
- Summary/Abstract:The classical effects of the request for a preliminary ruling by the European Court of Justice are expressed in the qualification of the national judiciary and the improvement of the understanding, respectfully the application of the Law of the European Union, but the implication of those effects overshoot by far their concrete parameters. Evaluating the principles of the European Union through the prism of the practical cases and its reflection in the national law-making creates new values for the society in transition and justifies the choice of joining the Community. Underestimating the right of preliminary ruling by the European Court of Justice and its abuse, as well as the refusal of a preliminary ruling by the European Court of Justice, are the natural satellites of the institute and they also have to be analysed and explained. Finding the national judges’ readiness to address the European Court of Justice with a request for a preliminary ruling, as well as finding its jurisdictional competence, are undoubtfully a projection of the improvement of the Community itself.
- Price: 4.50 €
Отговорност за вреди на участниците в процедурата по издаване на европейска заповед за запор на банкови сметки
Отговорност за вреди на участниците в процедурата по издаване на европейска заповед за запор на банкови сметки
(Liability for Damage of the Participants in the Procedure for Issuing a European Preservation Order of Bank Accounts)
- Author(s):Radostina Nikodimova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:288-301
- No. of Pages:14
- Keywords:International law; Civil cross-border cases; Commercial cross-border cases; Bank; Bank account; Preservation order; Distraint; EU Law; Liability; Damages
- Summary/Abstract:Regulation (EU) No 655/2014 establishes a differentiating procedure for issuing a European Account Preservation Order for the collection of claims in civil and commercial cross-border cases. Each of the parties involved must comply strictly and in good faith with the rules of the Regulation and national law.Any violation affects the security of civil and commercial turnover at the supranational level. This statement seeks to clarify the liability of entities in the cross-border procedure for issuing a European Account Preservation Order.
- Price: 4.50 €
Задължението на синдика да информира известните чуждестранни кредитори в производството по несъстоятелност
Задължението на синдика да информира известните чуждестранни кредитори в производството по несъстоятелност
(The Duty of the Insolvency Practitioner to Inform the Known Foreign Creditors in the Insolvency Proceedings)
- Author(s):Daniel Yordanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:302-312
- No. of Pages:11
- Keywords:insolvency; insolvency practitioner; Regulation 1346/2000; Regulation 2015/848; informing; claims; creditors; time limits for lodgement of claims
- Summary/Abstract:The subject of the report is the duty of the insolvency practitioner to inform the known foreign creditors of an entity in insolvency proceedings, as provided for in Art. 40 of Council Regulation (EC) 1346/2000 and in Art. 54 of Regulation (EU) 2015/848 of the European Parliament and of the Council. The approaches of each of the Regulations are examined, as well as the subsequent problems arising from their application in Bulgaria. The applicable case-law of the Bulgarian courts is also reviewed.
- Price: 4.50 €
По някои въпроси на пророгацията на международна компетентност по дела, свързани с родителска отговорност и издръжка
По някои въпроси на пророгацията на международна компетентност по дела, свързани с родителска отговорност и издръжка
(On Certain Issues of Prorogation of International Jurisdiction in Matters Relating to Parental Responsibility and Maintenance Obligations)
- Author(s):Kristian Raychev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
- Page Range:313-329
- No. of Pages:17
- Keywords:prorogation; jurisdiction; parental responsibility; maintenance obligations; Regulation 2201/2003; Regulation 4/2009; Court of Justice of the European Union
- Summary/Abstract:The scientific report aims to outline some of the main features of the prorogation of international jurisdiction in matters relating to parental responsibility and maintenance obligations. On the basis of the legislation contained in the EU law and various international legal sources, an attempt will be made to deduce the basic provisions, which could help the Bulgarian courts in assessing the will expressed by the parties for the choice of court. Part of the relevant case law of the Court of Justice of the European Union is discussed, and some of the most recent CURIA rulings are analyzed. Given the specific subject matter of the case – parental responsibility and maintenance obligations, the question will be answered whether the parties’ desire (as a manifestation of the autonomy of the will) to choose a particular court or any other criteria is more relevant to assess the validity of prorogation.
- Price: 4.50 €