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Правото в XXI век
The Law in the 21st Century

Challenges and Perspectives

Contributor(s): Angel Shopov (Editor), Krasimir Mitev (Editor), Dimitar Hanev (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Labour and Social Security Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: law; 21st century; challenges; perspectives; theory and history of law; civil law studies; public law studies; criminal law studies; international law studies
Summary/Abstract: In 2022, the academic community celebrated 30 years since the establishment of the Law Faculty at Paisii Hilendarski University of Plovdiv.We are proud to confirm that today the Faculty is recognized as one of the leading national educational and research institutions in the field of law.The anniversary was marked by many events organized throughout 2022. Two of them were the key events, which took place on 13 and 14 October 2022 - the Award Ceremony of the Honorary Degree of Doctor Honoris Causa of the Universityof Plovdiv and the International Scientific Conference Law in the 21st Century – Challenges and Perspectives. The following pages provide more information on these events. The reader will find the collected conference papers in all fields of legal research - theory and history of law; civil law studies; public law studies; criminal law studies and international law studies.

  • Print-ISBN-13: 978-619-202-903-6
  • Page Count: 501
  • Publication Year: 2023
  • Language: English, Bulgarian
Escalation and Expansion: Fundamental Challenges to International Criminal Law

Escalation and Expansion: Fundamental Challenges to International Criminal Law
(Escalation and Expansion: Fundamental Challenges to International Criminal Law)

  • Author(s):Gerhard Fiolka
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law
  • Page Range:25-37
  • No. of Pages:13
  • Keywords:International Criminal Law; Genocide; Ecocide; Crimes against Humanity; Judicial Activism
  • Summary/Abstract:Today, in addition to the issue of effectiveness, International Criminal Law (ICL) faces fundamental challenges that might determine or undermine its functionality and legitimacy in the years to come. In recent years, International Criminal Law has been a topic of escalating rhetoric. In political and also in armed conflict the term of Genocide has become an instrument to discredit opponents or to emphasize the importance of situations. However, the excessive and emotive use of the term brings about a serious risk of blurring the concept of Genocide and of understating the importance of other categories of crimes such as war crimes and crimes against humanity. Furthermore, there are policy initiatives to expand the scope of the International Criminal Law. The most prominent example nowadays is the effort to expand the scope of application of the Rome Statute to a new crime of «Ecocide». However, the inclusion of new crimes with unclear definitions might entail serious risks for the acceptance and legitimacy of International Criminal Law in the international sphere as a whole, insofar as it can be seen as an instrument of judicial activism or moral entrepreneurship.
  • Price: 5.00 €
Тенденции в развитието на българското право през 20-те години на XXI век

Тенденции в развитието на българското право през 20-те години на XXI век
(Trends in the Development of Bulgarian Law over the Past 20 Years)

  • Author(s):Krassen Stoichev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, International Law
  • Page Range:38-47
  • No. of Pages:10
  • Keywords:legal trends; Bulgarian legal system; corruption; judiciary; modernization; digitalization; EU law; international law; family law; criminal law
  • Summary/Abstract:There are four main factors determining the current trends in law: political ideology, technologies, international law, not to mention the EU law or the process of self-development of law itself. There are several trends in the development of Bulgarian law. These include the adoption and improvement of anti-corruption legislation; searching for optimal solutions to improve the organization and functioning of the judiciary; digitalization of law, including different administrative procedures, law-making process, and administration of justice, the abolition of unnecessary regulations. All those go hand in hand with modernization of the legal system by means of establishing new branches of law, new legal institutes, or by enforcing new procedural codes, while suppressing overregulation, etc. Special interest is paid to family law and criminal as they welcome new ideas. In Bulgaria international treaties which have been ratified under the constitutional procedure, promulgated and enacted for Bulgaria, become part of domestic legislation and take precedence over any provisions conflicting with them. The EU law is also a part of the Bulgarian law.
  • Price: 5.00 €
De Se Queri Debet или още за съпричиняването на вредите от пострадалия в деликтното право

De Se Queri Debet или още за съпричиняването на вредите от пострадалия в деликтното право
(De Se Queri Debet (He Shoiuld Have Himself to Blame): "Contributory Negligence" in Tort Law)

  • Author(s):Iole Fargnoli
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Roman law
  • Page Range:48-53
  • No. of Pages:6
  • Keywords:Roman Law; contributory negligence; damaged person; tort
  • Summary/Abstract:Roman Law is the founding principle of the whole civilian tradition; it is the very basis of the legal systems of the European continent. This is evident for example in the notion of contributory negligence in civil law. If the damaged person is in any way to blame for causing the loss, the reparation of the damage suffered should be compensated, even if possible, divided into equal parts. This principle appears as a development of the answer that Roman jurists had already given in the barber case (Digest.9.2.11 pr.).
  • Price: 5.00 €
Романтизмът като философско основание за създаването на историческата правна школа

Романтизмът като философско основание за създаването на историческата правна школа
(Romanticism as a Philosophical Basis for the Creation of the Historical Law School)

  • Author(s):Plamen Kalev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
  • Page Range:57-63
  • No. of Pages:8
  • Keywords:Historical Law School; Romanticism
  • Summary/Abstract:Philosophy has always influenced the development of legal thought over the centuries. On the basis of the philosophical aspirations in the individual historical epochs of the development of the society, the specific doctrines searching for the essence of law were created. The Historical Law School is no exception to this trend. The text of the report presents the importance of the philosophical direction of Romanticism for the creation and development of the Historical Law School. It is concluded that each of the ideas of this legal school formed its views in the spirit of romanticism.
  • Price: 5.00 €
Обосноваване и метод в правото

Обосноваване и метод в правото
(Reasoning and Method in Law)

  • Author(s):Dimitar Hanev
  • Language:Bulgarian
  • Subject(s):Philosophy, Law, Constitution, Jurisprudence, Epistemology
  • Page Range:64-75
  • No. of Pages:12
  • Keywords:Legal reasoning; legal method; legal discourse; interpretation; argumentation; proof
  • Summary/Abstract:The article is focused on the concepts of legal reasoning and legal method. The distinctions between categories such as ‘reasoning’, ‘interpretation’, ‘argumentation’, ‘proof’, etc. are outlined. The role and place of legal epistemology, as well as the idea of legal discourse, are also interpreted.
  • Price: 5.50 €
Ролята на "Оценка на въздействието на нормативни актове" в правната ни система

Ролята на "Оценка на въздействието на нормативни актове" в правната ни система
(The Role of Regulatory Impact Assessment in Our Legal System)

  • Author(s):Kiril Ilchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:76-88
  • No. of Pages:13
  • Keywords:impact assessment; normativity; legal system; law; economics; legisprudence; effectiveness; legislation; uncertainty; regulations
  • Summary/Abstract:In recent years, we have witnessed constant volatility in society, accompanied by high levels of uncertainty and unpredictability, which inevitably has an impact on legal reality. Such type of processes must be controlled by seeking solutions not only to reduce the negative outcomes. We also need to exploit the opportunities offered by the ever-changing environment. For this purpose we need appropriate legal tools and techniques. The normative nature of the law and the principles enshrined therein contribute to order, harmony, legal security and predictability in legal system and social relations in general. Law is not closed in itself, but interacts with other normative and social systems and in the process of this interaction can find useful solutions. An example of this is the legal concept of ‘regulatory impact assessment’, which, from a political instrument, with emphasized economic features, through its institutionalization becomes a legal instrument, supporting the law-making process and hence the functioning of the legal system.
  • Price: 5.50 €
Човешкото благосъстояние и социално-икономическите права

Човешкото благосъстояние и социално-икономическите права
(Human Well-Being and Socio-Economic Rights)

  • Author(s):Zlatka Valeva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
  • Page Range:89-95
  • No. of Pages:7
  • Keywords:socio-economic rights; Universal Declaration of Human Rights; well-being
  • Summary/Abstract:Human well-being reflects the level of socio-economic, physical, mental and spiritual condition of a society or an individual. It is defined as a positive qualitative characteristic of people’s lives, such as the level of satisfaction or usefulness of members of society. Socio-economic rights, on the other hand, are an expression of the state’s commitment to create a favourable environment, in its active position to ensure a national concept. They are the basis for the regulation of relations between people in society, and at the same time they contribute to the formation of the best possible conditions for the development of each individual.
  • Price: 5.00 €
Безвъзмездните разпоредителни сделки с чужди права

Безвъзмездните разпоредителни сделки с чужди права
(Gratoitous Transactions with Third Persons' Rights)

  • Author(s):Ivan Ruschev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
  • Page Range:99-113
  • No. of Pages:15
  • Keywords:legal transactions; gratuitous orders; conflicting case-law; donation; foreign property
  • Summary/Abstract:The purpose of this report is to show, frequently encountered in practice, hypotheses of legal transactions, defective due to non-ownership of the right by the grantor. It concerns hypotheses in which the regulation (or rather the interpretation of legal texts adopted in the case-law) sometimes leads to clearly unfair results. Views of the theory and the practice of the Supreme Court of Cassation are shared on examples that represent gratuitous dispositions with foreign (not owned by the grantor at the time of the disposition) rights, on which contradictory case-law has been formed over time.
  • Price: 6.00 €
Историческо развитие на крайната нужда през Средните векове

Историческо развитие на крайната нужда през Средните векове
(Historical development of the Gross Disparity in the Middle Ages)

  • Author(s):Teodor Peshterski
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
  • Page Range:114-131
  • No. of Pages:18
  • Keywords:gross disparity; just price; market price; laesio enormis; lésion; equality in exchange; extreme necessity
  • Summary/Abstract:With the rediscovery of the Corpus iuris civilis by the Bolognese glossators in the early twelfth century, the process of the actual development of the concept of gross disparity, named by them as laesio enormis, began. From its limited field of application in the post-classical Roman law it transforms itself into a universal remedy for establishing the just price and restoring the equality in exchange. The glossators managed to develop a rule, which is enforced by means of the ius commune in the secular and ecclesiastical courts throughout Western Europe in the course of more than five centuries.
  • Price: 6.00 €
Гражданскоправни аспекти на криптовалутите в Република България

Гражданскоправни аспекти на криптовалутите в Република България
(Civil Law Aspects of Cryptocurrencies in the Republic of Bulgaria)

  • Author(s):Yordanka Noneva-Zlatkova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
  • Page Range:132-143
  • No. of Pages:12
  • Keywords:cryptocurrencies; cryptoassets; fiat money; electronic money
  • Summary/Abstract:The development of law is faced with many challenges, one of which is the creation and testing of new information and communication technologies. At the same time, the law must quickly react with a set of legitimate means of regulation in order to guarantee legal certainty in relations. Cryptocurrencies are a manifestation of rapidly developing technology that is entering civil circulation at an increasingly rapid pace. The paper aims to examine the concept of cryptocurrency, comparing it to the millennia-old fiat money. In addition, the research examines possible hypotheses of practical application.
  • Price: 5.50 €
Понятие за съсобственост

Понятие за съсобственост
(Concept of Co-Ownership)

  • Author(s):Ventsislav Stoyanov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
  • Page Range:144-160
  • No. of Pages:17
  • Keywords:property law; right of ownership; co-ownership; co-possession; partition; relinquishment of rights
  • Summary/Abstract:The study focuses on a fundamental issue in property law – co-ownership. It is not intended to displace the scientific works on the subject that abound in our legal literature. The study is oriented towards a comprehensive analysis of the institution known in all legal systems. The issue is also of a considerable practical value, as the majority of civil panels in the district courts deal with issues of judicial partition [2]. Co-ownership is generally seen as a temporary phenomenon and the legislation creates a number of possibilities for its termination. The French Civil Code is particularly explicit in this respect, as it provides in Article 815 that no one may be obliged to remain in co-ownership. This optimistic notion does not happen so easily in reality. On the one hand, legislations create hypotheses of compulsory co-ownership, for example in condominiums, and partition proceedings are usually very lengthy. The essay does not pay attention to partition because many studies have been devoted to this issue. Rather, the presence of partition in the work is incidental. The clarification of the notion of co-ownership is central to the study. A number of legislative decisions in different countries are analyzed both in comparative and historical perspective. Particular attention is paid to the opinion on co-ownership of Acad. Lyuben Vassilev, which, although isolated, is of considerable interest. This is logical, because although the question of co-ownership is valid for many legal systems, it is the decisions of Bulgarian property law and our legal theory that are of significant importance. The methods of acquiring co-ownership are also examined, and here the focus is on the Bulgarian legal system. Necessary terminological remarks are also made to distinguish the concept of co-ownership from co-possession of property rights or other rights. Considerable case-law is also touched upon.
  • Price: 6.00 €
Тенденции при разпореждането и управлението с държавна и общинска собственост

Тенденции при разпореждането и управлението с държавна и общинска собственост
(Trends in the Disposal and Management of State and Municipal Property)

  • Author(s):Lyuba Panayotova-Chalakova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
  • Page Range:161-171
  • No. of Pages:11
  • Keywords:public property; private property; Roman law; public law; private law; historical changes; expropriation
  • Summary/Abstract:Actions of disposal and those of management of state and municipal property give a more complete picture of the division of property into public and private. It also outlines possible perspectives for future legislation taking into account past experience. A characteristic feature of public state or municipal property law is, above all, the disposal regime, which distinguishes it from private state or municipal property. The mode of management of public property is also important in comparison with private state and municipal property. In spite of the preserved principled positions in the regulation of disposal and management actions in Bulgarian legislation after the period of return to the division of ownership into public and private, some interesting trends can be observed. One of them is the increasingly obvious inclusion of public property in the economic turnover and, accordingly, ‘blurring the boundaries between public and private’ through amendments to the laws. These processes are based on economic, political and social reasons. Future legislation must follow the line of seeking a balance between public and private, between what should be preserved as public domain and the need for private ownership for the state and municipalities. This is also the recommendation to the legislator in this matter.
  • Price: 5.50 €
Относно правното положение на трети лица, придобили вещни права в хипотеза на отменено конститутивно съдебно решение на праводателя им

Относно правното положение на трети лица, придобили вещни права в хипотеза на отменено конститутивно съдебно решение на праводателя им
(On the Legal Status of Third Parties who have Acquired Real Rights in the Case of a Reversed Constitutional Judgement of Their Grantor)

  • Author(s):Dimo Hadzhiev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
  • Page Range:172-177
  • No. of Pages:6
  • Keywords:third parties; real rights; annulment; constitutional judgment; registration
  • Summary/Abstract:The subject of this report is the legal situation of third parties who have acquired real rights in the case of a reversed constitutional judgment of their grantor. The report focuses on the level on which the competition of rights between the petitioner in the proceedings for the annulment of a final constitutional judgment and the third party who acquired a real right from the defendant in the annulment proceedings could be resolved. The relevance of the report is dictated by the fact that there is no adequate means to guarantee security in the civil turnover in the considered hypothesis in the current real property law framework. The purpose of the report is to examine and comment on the case-law of the Supreme Court on the issue raised. The report deals with opinions and comments on controversial issues related to the subject of research, as set out in the legal doctrine, and comments on them and expresses a position. Minor interpretative changes have been made to the text of the judgments analyzed for the purposes of the report, without affecting the content of the statements made by the SCC Chambers in the cases under consideration.
  • Price: 5.00 €
За уговарянето на вещни права върху недвижими имоти при договора в полза на трето лице

За уговарянето на вещни права върху недвижими имоти при договора в полза на трето лице
(On the Negotiation of Real Property Rights Under the Contract in Favour of a Third Party)

  • Author(s):Petar Topurov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
  • Page Range:178-191
  • No. of Pages:14
  • Keywords:contract; contract in favour of a third party; property rights; immovables
  • Summary/Abstract:The report will consider the issue of whether it is possible to negotiate real property rights by contract in favour of a third party, the effects of such a contract, and the need for legislative changes to guarantee legal certainty.
  • Price: 5.50 €
Правни, финансово-икономически и счетоводни аспекти на интелектуалната собственост

Правни, финансово-икономически и счетоводни аспекти на интелектуалната собственост
(Legal, Financial, Economic and Accounting Aspects of Intelletual Property)

  • Author(s):Panar Kyazim
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:192-197
  • No. of Pages:6
  • Keywords:intellectual property; economic aspect of intellectual property; financial aspect of intellectual property; accounting aspect of intellectual property; legal aspect of intellectual property
  • Summary/Abstract:Intellectual property originates, exists, functions and develops as a legal discipline and matter. Over the years, with the changes in the business world, it was transferred to economic science, and three aspects of its existence - legal, financial-economic and accounting - were gradually formed from the legal essence of intellectual property.
  • Price: 5.00 €
Digital Distribution and the First Sale Doctrine

Digital Distribution and the First Sale Doctrine
(Digital Distribution and the First Sale Doctrine)

  • Author(s):Ergysa Ikonomi
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Court case
  • Page Range:198-208
  • No. of Pages:11
  • Keywords:first sale doctrine; exhaustion; court; digital; right of distribution
  • Summary/Abstract:The first sale doctrine (FSD) originated as a rule to preclude the copyright owner’s continuous right of distribution. It was initially applied by the court and later introduced into law as a legal and fair balance between the copyright owner, who ensures the reward for a copy of the work, and the acquirer of the copy, who becomes the owner of that particular copy, having the right to dispose of it without the authorization of the copyright owner. The doctrine was clear and accepted as fair. The digital era brought a severe challenge to the doctrine. The copies of the works are tangible and intangible, they can be sold or communicated to the public easily from a place and at a time individually chosen by them, and the copies are qualitatively undeterrable. Although the legal efforts to update the laws, the role of the Courts in determining the proper conditions for the FSD application has been pivotal. The paper addresses the digital distribution of copyrighted copies of the works from the perspective of the U.S courts and CJEU, whose decisions have established the rules of a potential e-FSD.
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За систематизацията и системите на източниците на задължения

За систематизацията и системите на източниците на задължения
(Systems and Systematization of the Sources of Obligations)

  • Author(s):Krassen Stoichev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
  • Page Range:209-220
  • No. of Pages:12
  • Keywords:sources of obligation system; contract; tort; Gaius; noncontractual sources of obligations; Civil Code; civil law legal facts
  • Summary/Abstract:Systematization of the sources of obligations is essential since it pivots the entire structure of civil law. As practice also indicates, systematization prescribes the structure of the Civil Code, or the general Civil Law; finally, it also consolidates the legal-facts group in Civil Law. From the historical and comparative perspective three systems have been devised for presenting the sources of obligations. The first one is the familiar quaternary classification, classification offered by Gaius and later elaborated on in Justinian’s codification. The latter provided a sound basis for Pothier and Savigny in their works. Likewise, this system was adopted by the French Civil Code of 1804. The next systematization described the contract as the principal source of obligations. The first variant sets contract against all other sources of obligation, making it clear that the domination of contract was meant to replace all the other sources of obligations since the latter were jammed together in a group of enforced by the law sources of obligations. Some authors interpreted it another way and spoke about contracts and non-contractual sources of obligations. One can trace back its ideas in the times of the Natural Law School, which later was joined by some German jurists during the second half of the XIX century. The original synthesis between it and Gaius’ systematization led to the formation of the triple classification we can see in the Italian Civil Code of 1942. In the Civil Code of the Netherlands in force the sources of obligation were defined by the law; hence their systematization was made pointless. The third well-known systematization of the sources of obligations placed them amid civil law legal facts no matter of their specificity. The Bulgarian Obligations and Contracts Law adopted the pragmatic approach shown in the simple outlining of the five basic sources of obligations where contract obligation serves as a model. Whenever necessary, this Law introduces in its general section specific rules referring to tort obligations as the result of deviation from contractual obligations. Elaborating the proper system of the sources of obligation is not an easy task. Instead of generalization, one should consider the fact that there are typical sources of obligations and sources which give rise to obligations existing only in the context of another civil relationships.
  • Price: 5.50 €
Проблемът със съпричиняването на вредите при масовите транспортни злополуки

Проблемът със съпричиняването на вредите при масовите транспортни злополуки
(The Problem of Co-Injury in Mass Transport Accidents)

  • Author(s):Polya Goleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:221-229
  • No. of Pages:9
  • Keywords:mass accidents; compensation; damages; victims; joint causation; joint liability
  • Summary/Abstract:For the first time in Bulgarian law and theory I raise the issue of causing damages from mass accidents with the participation of several causal agents. An important place in the article is the study of the contribution of the infrastructure in which vehicles cause property and non-property damage to individuals and legal entities. The forms of joint causation of damages and the legal consequences that arise from them are considered. For the first time, the joint responsibility of the owners and drivers of motor vehicles and the companies responsible for the poor road infrastructure, which contributes to the mass road accidents with many victims that have occurred in Bulgaria in recent years, is substantiated.
  • Price: 5.00 €
Поглед върху историческото и сравнителноправно развитие на развалянето на договорите

Поглед върху историческото и сравнителноправно развитие на развалянето на договорите
(A View at the Historical and Comparative Development of the Rescission of Contracts)

  • Author(s):Hristina Tancheva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
  • Page Range:230-246
  • No. of Pages:17
  • Keywords:rescission; bilateral contract; court procedure; unilateral statement; clause
  • Summary/Abstract:The right to rescind a contract has not always been available to the creditor in case of non-performance. Over the years, the rescission has established as a convenient means of protection, as its development went from recognizing the possibility of rescission only of certain contracts and for non-performance of certain obligations – in Roman law, through judicial rescission – established in the Middle Ages as a rule for all bilateral contracts to arrive at a prevailing unilateral rescission today not only in our country, but also in other reviewed countries. The rule, constructed on the basis of the relationship between the rights and obligations under a bilateral contract, is formed slowly and cautiously, because it is a kind of withdrawal from the hard-established and jealously guarded principle of pacta sunt servanda. The comparative legal review shows certain differences in the regulation comparable to the Anglo-Saxon system, but also within the framework of the continental legal system.
  • Price: 6.00 €
Договори за предоставяне на цифрово съдържание

Договори за предоставяне на цифрово съдържание
(Digital Content Contracts)

  • Author(s):Krasimir Mitev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:247-270
  • No. of Pages:24
  • Keywords:contract; digital content; innominate contract; types of contract; consumer protection
  • Summary/Abstract:With the Law on the Provision of Digital Content, Digital Services and Sale of Goods, which has been in force since the beginning of 2022, contracts for provision of digital content are explicitly regulated. Being a part of legislation on consumer contracts, the law does not define digital content contracts as a particular type. This feature raises the question whether one is able to subsume digital content contract under standard types (sale, lease, service and work’s contracts) or it is a sui generis (innominate) contract.
  • Price: 6.50 €
Consumer Law in the Face of the Challenges of the Internet of Things

Consumer Law in the Face of the Challenges of the Internet of Things
(Consumer Law in the Face of the Challenges of the Internet of Things)

  • Author(s):Katarzyna Biczysko-Pudelko
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:271-280
  • No. of Pages:10
  • Keywords:Internet of Things; consumer; law; European Union; protection
  • Summary/Abstract:In assessing the adequacy of current European Union laws for ensuring the consumer of Internet of Things devices their cybersecurity, it should be pointed out that in many aspects there should be legislative changes that take into account the technological advances of recent years, including those relating to the Internet of Things technology. As indicated earlier, even the very inadequacy of the provisions for the implementation of the information obligation to the consumer, which significantly affects the formation of the consumer's position, is difficult to implement in the case of Internet of Things devices. On the plus side, any legislative steps taken as well as those planned at the level of the European Union should be assessed, although, of course, the final assessment of their adequacy for the Internet of Things technology will be possible only after their adoption.
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Развитие и перспективи пред българското потребителско право

Развитие и перспективи пред българското потребителско право
(Development and Perspectives of Bulgarian Consumer Law)

  • Author(s):Angel Shopov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:281-298
  • No. of Pages:18
  • Keywords:Bulgarian Consumer Law; consumer; digital content; sale of goods
  • Summary/Abstract:An overview will be made of a) the most important amendments and additions to the positive Bulgarian Consumer Law in the last 2 – 3 years, and b) its perspectives for development in the near future. Particular attention is paid to the national implementation measures of two EU legal acts - Directive 2019/770 for the supply of digital content and Directive 2019/770 concerning contracts for the sale of goods.
  • Price: 6.00 €
Примамващата реклама като нелоялна търговска практика

Примамващата реклама като нелоялна търговска практика
(Bait Advertising as Unfair Commercial Practice)

  • Author(s):Zhana Koleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:299-314
  • No. of Pages:16
  • Keywords:unfair commercial practice; bait advertising; consumer; trader; responsibility; due professional diligence
  • Summary/Abstract:The study addresses the impact of the bait advertising on consumers as an unfair commercial practice especially in a period of high inflation. The essential elements of bait advertising and trader’s responsibility are further examined. The trader’s professional diligence is evaluated in relation to the average consumer. Based on due diligence it is commented whether by offering products the trader is obliged to take into consideration the circumstances relating to the economic crisis.
  • Price: 6.00 €
Сравнителноправни бележки относно неравноправните клаузи

Сравнителноправни бележки относно неравноправните клаузи
(Comparative Notes on Unfair Terms)

  • Author(s):Jordan Pangev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
  • Page Range:315-325
  • No. of Pages:11
  • Keywords:unfair terms; general terms; German civil code; blacklist; invalidity; nullity; partial invalidity; ‘surprise’ clauses
  • Summary/Abstract: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.
  • Price: 5.50 €
За личната отговорност на управителите на капиталови дружества към кредиторите при неплатежоспособност на дружеството

За личната отговорност на управителите на капиталови дружества към кредиторите при неплатежоспособност на дружеството
(On the Company Directors' Liabilities to Creditors in the Vicinity of Insolvency)

  • Author(s):Aleksandar Aleksandrov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
  • Page Range:326-353
  • No. of Pages:28
  • Keywords:directors’ liabilities; creditor; trustee; bankruptcy; insolvency; tort; intent to defraud; due care of a director; fiduciary dutie
  • Summary/Abstract: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.
  • Price: 7.00 €
Необходими промени в производството по стабилизация

Необходими промени в производството по стабилизация
(Necessary Changes in Stabilization Proceedings)

  • Author(s):Grigor Naydenov Grigorov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:354-372
  • No. of Pages:19
  • Keywords:trader; proceedings; stabilisation; restructuring; insolvency; creditors; enforcement proceedings
  • Summary/Abstract: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.
  • Price: 6.00 €
Принципите на европейското семейно право - основни характеристики, правна природа и отграничения

Принципите на европейското семейно право - основни характеристики, правна природа и отграничения
(The Principles of European Family Law: Main Characteristics, Legal Nature and Distinctions)

  • Author(s):Dimitar Topuzov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:373-387
  • No. of Pages:15
  • Keywords:Principles of European Family Law; soft law; private codifications; legislative acts; legal principles; doctrine
  • Summary/Abstract: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.
  • Price: 6.00 €
Прекратяването на договора за отглеждане на дете в приемно семейство при прекратяване на настаняването на дете извън семейството

Прекратяването на договора за отглеждане на дете в приемно семейство при прекратяване на настаняването на дете извън семейството
(Termination of the Contract for Raising a Child in a Foster Family Upon Termination of the Placement of a Child Outside the Family)

  • Author(s):Galina Dimitrova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:388-393
  • No. of Pages:6
  • Keywords:child; placement outside the family; termination; foster family; contract
  • Summary/Abstract:The article analyzes the issues of termination of the contract for raising a child in a foster family upon termination of placement outside the family. The grounds for terminating the placement and the fate of the contract with the foster family were subsequently examined. It is indicated when the contract is terminated before the placement is terminated and when it is terminated at the same time. It was concluded that the contract with the foster family is terminated on the basis of the termination of the placement outside the family, if it was not terminated earlier.
  • Price: 5.00 €
The Capacity to Inherit of the Adoptive Child Vs the Conceived Child in Albania

The Capacity to Inherit of the Adoptive Child Vs the Conceived Child in Albania
(The Capacity to Inherit of the Adoptive Child Vs the Conceived Child in Albania)

  • Author(s):Jonada Zyberaj
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law
  • Page Range:394-400
  • No. of Pages:7
  • Keywords:adopted child; ability to inherit; biological child; conception; principle of equality
  • Summary/Abstract:In the light of the principle of equality of children, the law promotes the same rights between children, regardless of their status as born out of wedlock or as adopted ones. Even though the importance of this principle is not questioned, in some cases the inheritance rights and the ability to inherit is linked with the moment of conception, excluding so the possibility of their application in the cases of adoption. The Albanian Family Law, aiming at guaranteeing the best interest of the child, provides for a favorable treatment of the child in an adoption process, by giving him the right to inherit his adoptive parent even if the latter dies before the court’s decision, if the court will approve the adoption. The law does not provide the same right for the adoptive parent in vice versa. The adoptive parent can inherit his adoptive child only after the court has approved the adoption. Even though the Albanian legislation guarantees the equality between children and provides favorable provisions in order to fulfill the best interest of the child, some provisions of the inheritance law are based in the moment of conception which makes them explicitly applicable only in cases of the biological child. The capacity to inherit belongs also to the child who has been conceived before the death of the deceased, but who is born alive, and also to the non-indirect children of a person, who was alive at the time of the death of the testator, even if those children were not yet conceived. Both of these provisions linked the moment of the acquisition of the quality as an heir, to the moment of the child’s conception. This has drowned the attention of the doctrine to the discussion of whether the term “non-direct children” will refer only to biological children or even to adopted ones. The paper aims at analyzing the ability to inherit of the adopted child by interpreting the way the above dispositions should be implemented in accordance to the equality principle and by comparing them to other legal systems that have influenced the Albanian legislation.
  • Price: 5.00 €
Improving Family Mediation Training in England and Wales

Improving Family Mediation Training in England and Wales
(Improving Family Mediation Training in England and Wales)

  • Author(s):Amel Ketani
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
  • Page Range:401-408
  • No. of Pages:8
  • Keywords:Mediation; Education; Learning; Innovation; Assessments and Portfolio
  • Summary/Abstract:The purpose of this paper is to consider how to make improvements to the current family mediation training in England and Wales in the way in which it assesses trainees. The current training is eight days and trainees have three years from the date they start their family mediation training to submit a portfolio. Passing the portfolio will lead to an accreditation awarded by the Family Mediation Council (FMC). According to paragraph 22 of the Practice Direction on MIAMs, this full accreditation will enable the family mediator to practise all aspects of family mediation including MIAMs and sign court forms. The portfolio requirement and the supervision of this portfolio will be considered in this paper. The views of family mediators on the portfolio requirement will be considered as well. A further purpose of this paper is to demonstrate that there is scope to improve the way trainees are assessed in the family mediation training. Proposals and recommendations are put forward in this paper on the current portfolio requirement.
  • Price: 5.00 €
Понятието за работодател съгласно Закона за социалните услуги

Понятието за работодател съгласно Закона за социалните услуги
(On the Concept of Employer Under the Social Services Act)

  • Author(s):Maria Ivanova Radeva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
  • Page Range:409-421
  • No. of Pages:13
  • Keywords:employer; Labour Code; Social Services Act
  • Summary/Abstract:The legal definition of the term employer is contained in the Labour Code. The Social Services Act defines the term as a ‘person who manages the activity of providing the service’. This is the person appointed by the social service provider to render management services. This is also the person who is the employer of the staff carrying out the activity of providing the service. Under this definition the person in charge of the social service, in his/her personal capacity, shall be the employer of the employees. The quoted norm poses a number of practical problems relating to the constitution of a proper defendant in legal employment disputes.
  • Price: 5.50 €
Нов отпуск за бащите в Кодекса на труда

Нов отпуск за бащите в Кодекса на труда
(New Parental Leave for Fathers)

  • Author(s):Yaroslava Genova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:422-431
  • No. of Pages:10
  • Keywords:Labour Code; leave; paternity; father; adoptive father; child up to 8 years
  • Summary/Abstract:With the last amendments to the Labour Code, made only this summer, a new leave has been introduced, as a right for fathers of children up to 8 years of age. It is a paid leave. This comes from the obligation of transposing Directive 2019/1158 that Bulgaria has as an EU Member State. The article deals with the conditions for using the leave but also raises the question whether that kind of leave is the best way to cope with the requirements of the Directive.
  • Price: 5.00 €
Недействителност на споразуменията при упражняване на колективни трудови права

Недействителност на споразуменията при упражняване на колективни трудови права
(Invalidity of Agreements in the Exercise of Collective Labour Rights)

  • Author(s):Maria Dimitrova Chochova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:432-441
  • No. of Pages:10
  • Keywords:agreements; employment and directly related to employment relations; invalidity
  • Summary/Abstract:The Labour Code regulates cases where, in order to establish certain rights and obligations, or to fulfill a statutory procedure, it is necessary to conclude an agreement between statutory parties. These agreements are regulated by labour legislation, the content of which should correspond to the law, not circumvent it and not contradict good morals. These agreements do not in all cases have the characteristics of contracts. The paper studies the agreements under Art. 3, Para 4, Art. 7c, Para 4, Art. 130, Para 5, Art. 51b, Para 2 and Para 4 of the Labour Code, concluded in connection with the exercise of collective labour rights.
  • Price: 5.00 €
Гаранции за защита на работника и служителя при прекратяване на трудовото правоотношение на плоскостта на европейското и националното законодателство

Гаранции за защита на работника и служителя при прекратяване на трудовото правоотношение на плоскостта на европейското и националното законодателство
(Guarantees for Employee's Rights Protection Upon Termination of Employment Relationship Under European and National Legislation)

  • Author(s):Vanya Miteva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:442-458
  • No. of Pages:17
  • Keywords:guarantees; protective mechanisms; employee; termination; employment relationship; dismissal; EU legislation
  • Summary/Abstract:The termination of the employment relationship, along with its origination, is one of the most important and key issues of Labour law. It may have significant consequences for the employee, initially recognized as the weaker party in the employment relationship. Their release from work can reflect both on their financial and social status. This necessitates the introduction of mandatory legal restrictions to ensure a balance between the interests of the employer and the employee. Employees’ protection upon employment termination, although often associated with the legislative mechanisms for implementing the preliminary protection in case of dismissal under Art. 333 of the Labour Code (LC) and the subsequent methods for contesting the legality of dismissal under Art. 344 of the LC, also includes a number of other protective mechanisms. These can be found both in European Union law and in national employment legislation regulations related to: the right to reasonable notice period, the right not to be dismissed from work without a valid reason, the right to non-discrimination upon dismissal, the right to advance protection in case of dismissal, the right to compensation upon termination of the employment relationship, the right to appeal to an independent authority, the right to request reinstatement.
  • Price: 6.00 €
Изисквания за редовност на исковата молба в производството по Закона за противодействие на корупцията и отнемане на незаконно придобитото имущество

Изисквания за редовност на исковата молба в производството по Закона за противодействие на корупцията и отнемане на незаконно придобитото имущество
(Requirements for Regularity of the Claim in Proceedings Under the Law on Combating Corruption and Confiscation of Illegaly Acquired Property)

  • Author(s):Milen Marinov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:459-466
  • No. of Pages:8
  • Keywords:claim; regularity; irregularity; procedural prerequisites; illegally acquired property
  • Summary/Abstract:In civil proceedings the Plaintiff is bound by the norm of Art. 127, Para 1 of the Civil Procedure Code which regulates the requirements that each claim must meet in order to be considered by the court. Among these requirements /most of which can also be defined as ‘requisites’/ through the prism of the proceedings for confiscation of illegally acquired property, the most prominent one is that of item 4 of the cited provision, according to which the claim should contain precise and clear statement of the circumstances on which the claim is based. At the same time, the special law, namely the Law on Combating Corruption and Confiscation of Illegally Acquired Property, sets out specific characteristics for this type of claim proceedings which, in practice, expands the catalogue of requirements for the regularity of the claim. The purpose of this report is to analyze and clarify in full the statutory requirements that a claim under the LCCCIAP should meet in view of the general and special legal regulations.
  • Price: 5.00 €
Критерии за преценка на стандарта на доказване по граждански дела

Критерии за преценка на стандарта на доказване по граждански дела
(Criteria for Assessing the Standard of Proof in Civil Cases)

  • Author(s):Anastas Punev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:467-481
  • No. of Pages:15
  • Keywords:standard of proof; law of evidence; civil procedure
  • Summary/Abstract:The article analyses the criteria which the court must consider when interpreting whether a certain fact has been proven. The general rule that the party bearing the burden of proof shall provide ‘complete’ proof in order to substantiate its claim is too abstract to be unequivocally applied in quite different cases, so an attempt is made to single out more precise rules to fulfill the principle of complete proof in view of the peculiarities of the disputed right. For this purpose, the role of related civil procedure concepts such as burden of proof and means of proof is examined, as well as the impact of more fundamental provisions of law of evidence and the basic tenets of civil procedure. The article ultimately arrives at general conclusions which a court must consider in the reasoning of its decisions.
  • Price: 6.00 €
Относно някои проблеми на отговорността за вреди вследствие на обезпечение на иск

Относно някои проблеми на отговорността за вреди вследствие на обезпечение на иск
(On Some Issues of the Liability for Damages Caused by Security for a Claim)

  • Author(s):Andrean Slavchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
  • Page Range:482-494
  • No. of Pages:13
  • Keywords:liability; damages; security for claim; unjust enrichment
  • Summary/Abstract:This research deals with some issues of the liability for damages caused by unjustified security for a claim subject matter under discussions in doctrine and jurisprudence. Many basic courses in civil procedure law examine that liability. There is also an independent complete study of the institution of security for claims. The main issues there are related to the procedure of the security for a claim and the general requirements under Art. 403 of the Code of Civil Procedure (previous Art. 322 of CCP /repealed/ and Art. 378 of the CCP /repealed/) as well. The others deal with the nature and scope of the liability, the contributory negligence by the defendant, failure to mitigate the damages, etc. The application of the general rules of non-contractual liability in these cases, especially the application of Art. 51 of the Obligations and Contracts Act (OCA), is still controversial. The article discusses precisely the controversial opinions on that issue, as well as the application of Art. 59, Para 1 OCA by analogy to the liability for damages under the Art. 403 CCP.
  • Price: 5.50 €
Извънсъдебното решаване на спорове като насърчение на бизнеса в Република Армения

Извънсъдебното решаване на спорове като насърчение на бизнеса в Република Армения
(Out-of-Court Dispute Resolution as a Business Encouragement in the Republic of Armenia)

  • Author(s):Maria Hovsepyan
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law
  • Page Range:495-501
  • No. of Pages:7
  • Keywords:extrajudicial methods; exception; ombudsman; arbitration; mediation
  • Summary/Abstract:Out-of-court dispute resolution methods are popular in the Republic of Armenia because they represent an additional guarantee for business interests, reduce the workload of the courts and increase trust in the government. Business representatives are assured that out-of-court dispute resolution will resolve conflicts quickly and fairly.
  • Price: 5.00 €
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