Имуществените отношения в правото
Property Relations in Law
Development and Prospects
Contributor(s): Lyuba Panayotova-Chalakova (Editor), Aleksandar Aleksandrov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Commercial Law, Court case, Comparative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: property; insolvency; commercial transaction; administrative contract; inheritance; distance selling; copyright holders; Actio Pauliana; defense of property rights; exclusive state property; subjective rights
Summary/Abstract: The collection contains reports presented at a scientific conference organized in November 2021 by the Faculty of Law at Plovdiv University "Paisii Hilendarski". The conference was dedicated to the topic of property relations in law. The reports include research from various branches of law - general theory of law, Roman law, civil law, contract law, property law, commercial law, administrative law, environmental law and criminal law. The reports analyze issues related to public and private property in Roman law; relations between partners in partnership organisations; protection of property rights in European and constitutional case law; issues related to labor relations; procedural issues of indirect (derivative) claims in insolvency proceedings. Another part of reports analyzes issues of administrative contracts and commercial deals; defence of successors and their reserved heritage parts; remote conclusion of sales contracts; as well as problems of copyright holders. The collection also includes research on the issues of subjective rights and their forms, as well as procedural issues that arise in the enforcement proceedings and the proceedings for contesting administrative acts before a court.
- Print-ISBN-13: 978-619-202-672-1
- Page Count: 478
- Publication Year: 2021
- Language: English, Bulgarian
Трансформации между публичната и частната собственост в римското право
Трансформации между публичната и частната собственост в римското право
(Transformations Between Public and Private Property in Roman Law)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:8-47
- No. of Pages:40
- Keywords:Roman law; public property; private property; public utilities; confiscations; proscriptions; expropriation in public utility
- Summary/Abstract:The article is dedicated to the transformations between public and private property in Roman law. Some methodological and terminological issues are considered. Special attention is paid to three of the forms of transformation of private into public property in Ancient Rome – confiscations and proscriptions as a sanctions and expropriation for public utility as an activity of the Roman administration, conditioned by utilitas publica, but respecting the private interests. Finally conclusions about the genesis of the relevant regulation in modern law at national and international level are presented.
- Price: 4.50 €
Вътрешните имуществени отношения в едно неперсонифицирано цяло
Вътрешните имуществени отношения в едно неперсонифицирано цяло
(The Insider Property Relationships in an Unpersonalized Entity)
- Author(s):Polya Goleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:48-66
- No. of Pages:19
- Keywords:impersonal whole; property relations; partners; contribution; share in the property
- Summary/Abstract:In Bulgaria, the subject of research were the internal property and non-property relations in the legal entity – departments, companies, non-profit legal entities, political parties and other associations of two or more persons, which the law declares as legal entities, but has not addressed attention to impersonal communities, to associations of people and means with a view to achieving a certain goal (commercial, economic, ideal, political, religious, etc.). There is a gap in our theory that I do not intend to fill, but I intend to establish what is specific in the property relations between the members of this community and whether it can be summarized. Is there anything specific, different in the property relations that arise within an impersonal whole and whether it has an advantage or disadvantage compared to the property relations that exist within a personified whole.
- Price: 4.50 €
Отнемането на собственост според европейската и конституционната съдебна практика
Отнемането на собственост според европейската и конституционната съдебна практика
(Deprivation of Property According to European and Constitutional Case Law)
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, EU-Legislation, Court case
- Page Range:67-101
- No. of Pages:35
- Keywords:property; public property; private property; types of property; public law; private law; expropriation
- Summary/Abstract:The article attempts to systematize and compare the European and constitutional mechanisms for the protection of property today. The aim is to make a kind of parallel between the protection mechanisms in its withdrawal. This calls for an analysis of the practice in relation to Protocol 1 of the European Convention on Human Rights, as well as the enhanced protection afforded by the individual constitutional courts in the EU Member States. The formation of a broader view on the protection of property at the European level is useful for Bulgarian theory and practice. The article also attempts to outline some of the difficulties of including property in conventional provisions.However, it is a law with a strong economic significance, and economic rights are traditionally regulated in civil law sources. This situation also leads to a critical attitude towards the possibility of protecting at European level a national right as property. The article presents all three parts of Art. 1 of Protocol No. 1, which protects various aspects of property. The first norm protects the substance of the property, the second and the third refer to the applicable regime in the matter of expropriation and control over the use of the property. The European Court of Justice respects the rights of nation states by applying the texts of the Protocol, but in general its case law expands the scope of protection of property. At the national level, such a role is played by the constitutional courts.
- Price: 4.50 €
Правното качество на неплатения отпуск като неплатен
Правното качество на неплатения отпуск като неплатен
(The Legal Nature of Unpaid Leave as Unpaid)
- Author(s):Ivaylo Ivanov Staykov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Labour and Social Security Law
- Page Range:102-116
- No. of Pages:15
- Keywords:Labor law; unpaid leave; paid leave
- Summary/Abstract:The scientific research discusses one of the most essential legal characteristics of the unpaid leave under Art. 160, para. 1 of the Labor Code, namely its unpaid nature. The legal conclusions made are relevant not only for this type of unpaid leave, but also for the type of “unpaid leave“ in general, through the prism of the comparison with paid leave.
- Price: 4.50 €
Бележки относно добросъвестността в гражданското право на страните от континенталната и англосаксонската правни фамилии
Бележки относно добросъвестността в гражданското право на страните от континенталната и англосаксонската правни фамилии
(About Principle of Good Faith in the Continental and Anglo-Saxon Legal Systems)
- Author(s):Aleksandar Ivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
- Page Range:117-128
- No. of Pages:12
- Keywords:good faith; fairness; common practice; reasonableness; implication of terms
- Summary/Abstract:The report is dedicated to the principle of a good faith in the continental and Anglo-Saxon legal systems. As examples of comparison the German law, where for a long time the good faith has received the status of a general principle of the law, and English contract law, the case law does not comprehend as a principle, but it uses other legal mechanisms to pronounce fair legal decisions are primarily used.
- Price: 4.50 €
За допустимостта на косвените искове по чл. 134 ЗЗД, чл. 240А ТЗ и чл. 118 ЗППЦК в производството по несъстоятелност
За допустимостта на косвените искове по чл. 134 ЗЗД, чл. 240А ТЗ и чл. 118 ЗППЦК в производството по несъстоятелност
(The Admissibility of the Indirect Claims Under Art. 134 Contract Act, Art. 240A Commercial Act and Art. 118 Public Offering of Securities Act in the Insolvency Proceedings)
- Author(s):Alexander Alexandrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:129-154
- No. of Pages:26
- Keywords:indirect claim; derivative claim; insolvency; trustee; liquidator; receiver; creditor; shareholder; insolvency estate
- Summary/Abstract:The study examines the question which claims can be qualified as claims for filling the insolvency estate and introduces two criteria – subjective and objective. According to the subjective criterion, only the claims that can be issued by the trustee in bankruptcy and in the cases provided by law by a bankruptcy creditor should be defined as claims for filling the insolvency estate. According to the objective criterion – a claim for filling the insolvency estate is anyone who could lead to an increase in the property of the insolvent company. In this connection, the question of whether indirect claims in insolvency proceedings are admissible and what risks this poses to creditors is considered. The question of the conditions under which de lege ferenda indirect claims could be admitted was also considered.
- Price: 4.50 €
Търговска сделка VS Административен договор - инструменти за имуществено разместване на блага
Търговска сделка VS Административен договор - инструменти за имуществено разместване на блага
(Commercial Transaction VS Administrative Contract - Instruments for Property Transfer of Goods)
- Author(s):Zhana Koleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Comparative Law, Administrative Law
- Page Range:155-178
- No. of Pages:24
- Keywords:Commercial transaction; administrative contract
- Summary/Abstract:The subject matter of the present study is the commercial transaction, on one hand, and the administrative contract, on the other hand. They are both considered the fundamental instruments for the property transfer of goods. In both cases, the contracting parties are a trader and an administrative body, which gives rise to a dispute. Because in these cases the doctrine debates contract types and applicable law, some contradictory statements are discussed. Based on the philosophy behind the current regulation, the author presents his own vision of the difference between contracts under discussion.
- Price: 4.50 €
Изключения от правилото в полза на собственика
Изключения от правилото в полза на собственика
(Exceptions to the Rule in Favor of the Owner)
- Author(s):Desimira Yurukova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:179-195
- No. of Pages:17
- Keywords:accretion; building right; term; size; exception; ownership; real estate
- Summary/Abstract:This report discusses possible exceptions to the rule in favor of the owner at the institute of the accretion. Acquisition of property by accretion is a way of acquiring property. Apart from being a way of acquiring ownership of buildings and facilities, individual sites in them or newly issued parts to them, the accretion is also perceived as a means of increasing property and acquiring yields.The accretion can be limited only by establishing a limited real right – the right to build, the right to add or the right to upgrade. When establishing a building right, the established property right is for the holder of the limited real right. It is possible for a deviation from this rule to occur when the holder of the limited real right does not exercise the established right within the respective term, according to Art. 67 of the Property Act or exceeds the volume of the assigned limited real right. According to Art. 65 of the Property Act, when the superficies are established with a term, after its expiration, the ownership of the building passes gratuitously on the owner of the land, according to art. 92 of the Property Act.
- Price: 4.50 €
Придобивният способ по чл. 30, ал. 1 от Закона за наследството
Придобивният способ по чл. 30, ал. 1 от Закона за наследството
(The Acquisition Method Under Art. 30, Para. 1 of the Succession Act)
- Author(s):Dimo Hadzhiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:196-213
- No. of Pages:18
- Keywords:restoration; reserved part of the inheritance; method; acquisition; property rights; real estates; rightful heirs
- Summary/Abstract:The subject of research of this article is the acquisition method under Art. 30, para. 1 of the Succession Act (SA). The exposition emphasizes the essence of the subjective right under Art. 30, para. 1 SA; the procedure for its exercise, as well as the legal consequences of the legal judgement under Art. 30, para. 1 SA.
- Price: 4.50 €
+Имуществени отношения при сключване на договор за продажба от разстояние
+Имуществени отношения при сключване на договор за продажба от разстояние
(Property Relations at the Conclusion of a Distance Sale Agreement)
- Author(s):Vanya Zhelyazkova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:214-230
- No. of Pages:17
- Keywords:distance selling; rights and obligations; E-Commerce; consumer protection; digital environment
- Summary/Abstract:The development of modern technologies and the growth of Internet consumption create more opportunities for business and consumers. In today’s digital environment, the increasing importance of distance and off-premises contracts is evident. The transactions between the parties happen without either of them having to meet in person. This article covers issues related to the subject matter, the parties, the property rights and obligations in concluding distance contracts within the European Union and Bulgaria. The article discusses the main legal requirements (content of the contract, scope, mandatory details) and restrictions (administrative penalties, objectives) in the preparation of this type of contract. The different types of contracts for sale and provision of services at distance and their specifics are also presented. The legal framework is presented with an emphasis on consumer protection.
- Price: 4.50 €
Пророгация на международна компетентност по въпроси, свързани с имуществения режим между съпрузи по Регламент (ЕС) 2016/1103
Пророгация на международна компетентност по въпроси, свързани с имуществения режим между съпрузи по Регламент (ЕС) 2016/1103
(Choice of Court Agreement in Matters of Matrimonial Property Regimes According to Council Regulation (EU) 2016/1103)
- Author(s):Kristian Raychev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
- Page Range:231-244
- No. of Pages:14
- Keywords:spouses; property regimes; court; jurisdiction; prorogation
- Summary/Abstract:Council Regulation (EU) 2016/1103 recently adopted through an enhanced cooperation by the European Legislator creates a structure of norms, regulating all the international private law aspects of matrimonial property regimes as a result of the couple’s separation or the death of one of the spouses. This report aims to examine the scale of connecting factors for the purposes of determining jurisdiction, emphasizing the role of the autonomy of the parties as a possibility for choosing a court in certain cases.
- Price: 4.50 €
Някои проблеми на правата на автора и на носителите на авторски права
Някои проблеми на правата на автора и на носителите на авторски права
(Some Issues Concerning Authors' and Copyright Holders' Rights)
- Author(s):Roxana Ruscheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:245-260
- No. of Pages:16
- Keywords:author; copyright holders; original and derivative acquisition of rights; acquisition ex lege and on the basis of the will of the parties
- Summary/Abstract:Aim of this research is to propose a new classification of copyright holders (in the narrow sense of the term), distinguishing them from the author in terms of powers and means of acquiring rights. It is argued that the rights of these persons are not narrowed down solely to derivatively acquired limited rights, attained from that of the author upon the work. The relation between the rights of the author and those of the copyright holders, and the interdependence of the full right of the owner and the rights upon another's property (iura in re aliena), are discussed.
- Price: 4.50 €
Увреждащите действия на длъжника като предпоставка за правото на Павлов иск
Увреждащите действия на длъжника като предпоставка за правото на Павлов иск
(The Fraudulent Actions as a Prerequisite for the Right to Actio Pauliana)
- Author(s):Yordanka Noneva-Zlatkova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Roman law
- Page Range:261-281
- No. of Pages:21
- Keywords:Actio Pauliana; creditor’s rights; revocation action; fraudulent actions
- Summary/Abstract:In the context of Actio Pauliana’s origin in the Roman law, his "transformations" were adopted by several countries in the continental legal system, including the Republic of Bulgaria. It is interesting to analyze the legal application of this action for annulment in countries belonging to the Anglo-Saxon legal system, focusing on the debtor's actions taken to harm the creditor and reduce his assets, serving as common security for his creditors. In the present material a comparative legal analysis of the legal nature and the features of the harmful actions performed by the debtor, as an element of the factual composition for the nascency of the creditor’s substantive right (Actio Pauliana).
- Price: 4.50 €
За разграничението на анатоцизма и капитализирането на лихвата
За разграничението на анатоцизма и капитализирането на лихвата
(The Distinction Between Anatocism and the Capitalization of Interest)
- Author(s):Milen Marinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:282-287
- No. of Pages:6
- Keywords:interest; anatocism; capitalization of interest; interest on interest; compound interest
- Summary/Abstract:The term “anatocism” is not a legal term, but was introduced by legal theory to denote the accrual of interest on interest. Due to its legal nature and the result pursued by it, the institute is often confused with the phenomenon of "capitalization of interest". Both theory and practice find it difficult to distinguish between the two concepts and often equate them. The present work aims to clarify their legal figure and to make the necessary distinction between them.
- Price: 4.50 €
Последици, действие и отмяна на съдебното решение по чл. 108 от Закона за собствеността
Последици, действие и отмяна на съдебното решение по чл. 108 от Закона за собствеността
(Consequences, Action and Revocation of the Court Decision Under Article 108 of the Property Act)
- Author(s):Tsvetanka Ivanova-Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:288-303
- No. of Pages:16
- Keywords:defense of property rights; article 108 of the property law; revocation of the court decision; consequences
- Summary/Abstract:Although rarely used in practice, the revocation is an extrajudicial review is a legal remedy against enforced vicious judicial acts and is undoubtedly necessary for the effective exercise of the right of ownership over immovable and movable property. It cannot be used to remedy deficiencies when the party in the court proceedings has not exhausted all procedures to protect its rights, but can be used to impose justice in favor of the beneficial owner of the property in cases expressly provided by law.
- Price: 4.50 €
Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС
Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС
(The Right of an Interested Third Party to Participate in the Proceedings of Confiscation in Favour of the State as a Guarantee of His Right of Protection of Property Under the ECHR and EU Law)
- Author(s):Antoniy Gatov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law, EU-Legislation
- Page Range:304-329
- No. of Pages:26
- Keywords:confiscation in favour of the State; protection of property; interested third party; Criminal Code; European Convention on Human Rights; European Union Charter of Fundamental Rights
- Summary/Abstract:The hereunder article aims to propose an analysis of the compliance of several provisions in the Bulgarian Criminal Code and other special Acts regarding the confiscation of property, with Article 1, Protocol I to the European Convention on Human Rights and the European Union Charter of Fundamental Rights. More precisely – when the property is being confiscated even when it is not owned by the perpetrator. The author has examined various positions held in the doctrine and the case law, both at national and European level, based on which has formed a conclusion and has proposed a potential solution to the problem.
- Price: 4.50 €
Repurchase and Backsale in the Sources of Roman Law as Paradigms for an Interpretative Choice of Redemption in the Texts of Modern Codification
Repurchase and Backsale in the Sources of Roman Law as Paradigms for an Interpretative Choice of Redemption in the Texts of Modern Codification
(Repurchase and Backsale in the Sources of Roman Law as Paradigms for an Interpretative Choice of Redemption in the Texts of Modern Codification)
- Author(s):Giovanni Brandi Cordasco Salmena
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Roman law
- Page Range:330-352
- No. of Pages:23
- Keywords:Roman law; repurchase; backsale
- Summary/Abstract:1. Phenomenological and structural uncertainties in different legal systems. 2. D. 19.5.12 (Proc.11. epist.) And CI. 4.54.2 (Alexander A Charisio militi, a. 222). 3. Conclusions.
- Price: 4.50 €
Оценка на въздействието върху околната среда в Република България
Оценка на въздействието върху околната среда в Република България
(Environmental Impact Assessment in the Republic of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Administrative Law
- Page Range:353-367
- No. of Pages:15
- Keywords:environmental impact; assessment; legal problems
- Summary/Abstract:This scientific study is dedicated to some current problems of the legal regime of the environmental impact assessment in the Republic of Bulgaria. The attention is paid to the legal essence and stages of development of this administrative procedure under the Environmental Protection Act of 2002. In the conclusion some more general conclusions from the existing legal regulation as well as suggestions for its improvement are made.
- Price: 4.50 €
Изключителната държавна собственост
Изключителната държавна собственост
(Exclusive State Property)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:368-381
- No. of Pages:14
- Keywords:Constitution of the Republic of Bulgaria exclusive state property' public law aspects
- Summary/Abstract:The Constitution of the Republic of Bulgaria declares two forms of ownership – public and private. The criterion for the distinction between private and public property has been interpreted by the Constitutional Court of the Republic of Bulgaria. As a special public property in the basic law the so-called "exclusive state property" is defined, regulated in Art. 18 of the Constitution. The report examines some of the public law aspects of this type of property.
- Price: 4.50 €
Система на формите на субективното право
Система на формите на субективното право
(Systems of Forms of Legal Rights)
- Author(s):Dimitar Hanev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:382-416
- No. of Pages:35
- Keywords:subjective right; forms of rights; legal positions; legal relation; claim right; power right; liberty right
- Summary/Abstract:The study is based on the notion that in terms of their formal structure, rights are not monistic entities. This means that in different normative hypotheses the internal potential for their realization can manifest itself in different forms. The question of what these forms are, how they should be named, and whether they can be differentiated in a way to form a coherent and comprehensive system, describing the overall structure of the notion of subjective right, is the main subject of this paper. In order to clarify it, an attempt has been made to shed light to a number of other problem areas in the territory of this fundamental legal concept, with a special emphasis on the nature of absolute rights.
- Price: 4.50 €
Стопанският подкуп по българското наказателно право
Стопанският подкуп по българското наказателно право
(Private (Commercial) Bribery in Bulgarian Criminal Law)
- Author(s):Mariya Mihaylova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:417-427
- No. of Pages:11
- Keywords:commercial bribery; criminal protection; degree of public danger
- Summary/Abstract:The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one party is the public interest requiring a stable and workable economy and on the other party stands the private interest requiring certain limits of the state regulation.
- Price: 4.50 €
За някои проблеми при прекратяването на изпълнителното производство на основание чл. 433, ал. 1, т. 1 от ГПК
За някои проблеми при прекратяването на изпълнителното производство на основание чл. 433, ал. 1, т. 1 от ГПК
(On Certain Issues Related with the Termination of the Enforcement Proceedings on the Basis of Art. 433, Para. 1, Subpara 1 of the Bulgarian Civil Procedure Code)
- Author(s):Rumen Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:428-447
- No. of Pages:20
- Keywords:termination of proceedings; set-off; alimony; maintenance; postal money order
- Summary/Abstract:The subject of this scientific report is to study some of the problems related to the application of Art. 433, para. 1, item 1 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 €
Изисквания за редовност към жалбата и протеста при оспорване на административните актове в първоинстанционните съдебни производства
Изисквания за редовност към жалбата и протеста при оспорване на административните актове в първоинстанционните съдебни производства
(Requirements for Regularity of the Complaint and Protest in the First Instance Court Proceedings)
- Author(s):Miglena Kisyova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:448-477
- No. of Pages:30
- Keywords:complaint; protest; regularity; contestation
- Summary/Abstract:The observance of the requirements for regularity of the complaint and the protest in contesting the administrative acts in the administrative court proceedings are important for the proper referral to the court. The Administrative Procedure Code sets legal requirements for the formulation of the complaint and the protest, the observance of which will make these legal remedies suitable for initiating the administrative court proceedings. In the provision of art. 150 of the APC lists the requisites of the complaint and the protest, and in Art. 151 of the APC, the annexes thereto. Everything in its entirety leads to their regularity. It depends entirely on the disputant / prosecutor how and in what way they will be prepared, and what the consequences will be.
- Price: 4.50 €