Правните принципи и тяхната роля и значение за развитие на правото : Сборник с доклади от Международна научна конференция, организирана от ЮФ, УНСС, и Алумни клуб на завършилите ЮФ, УНСС, проведена на 24 октомври 2024 г. в УНСС – София, том 1
The Legal Principles and Their Role and Significance for the Development of the Law : Collection of Reports from International Scientific Conference Organized by the Faculty of Law of UNWE and Alumni Club of the Faculty of Law Graduates of UNWE...
Contributor(s): Tatyana Dimitrova (Editor), Jivko Draganov (Composer), Konstantin Tanev (Composer)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, Constitutional Law, International Law, Political Theory, Public Law, Politics and law, Philosophy of Law, EU-Legislation, Commercial Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: legal principles; rule of law; justice; legal theory; constitutional law; private law; public law; international law; European Union law; legal development
Summary/Abstract: The Legal Principles and Their Role and Significance for the Development of the Law : Collection of Reports from International Scientific Conference Organized by the Faculty of Law of UNWE and Alumni Club of the Faculty of Law Graduates of UNWE Held on October 24, 2024, at UNWE – Sofia, vol. 1. The book "Legal Principles and Their Role and Significance for the Development of Law" compiles the scientific reports presented at the International Scientific Conference held on 24 October 2024 at the University of National and World Economy (UNWE), Sofia. The event was organized by the Faculty of Law and the Department of International Law and EU Law, in cooperation with the Alumni Club of the UNWE Faculty of Law. The collection presents research papers examining the foundations, development, and application of legal principles across various branches of law. Contributions are organized thematically, reflecting the structure of the conference panels as follows: Panel 1) Legal principles in the history and theory of law; Panel 2) Role and importance of legal principles in private law; Panel 3) Role and importance of legal principles in public law; Panel 4) Legal principles in international and EU law. The publication aims to contribute to academic dialogue and support the development of modern legal thought by emphasizing the enduring value of legal principles as a foundation for justice, legitimacy, and the rule of law.
- E-ISBN-13: 978-619-232-931-0
- Print-ISBN-13: 978-619-232-930-3
- Page Count: 498
- Publication Year: 2025
- Language: English, Bulgarian
Ролята на правните принципи за прилагане и развитие на правото
Ролята на правните принципи за прилагане и развитие на правото
(The Role of Legal Principles in Application and Development of Law)
- Author(s):Yanaki Stoilov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:9-21
- No. of Pages:14
- Keywords:legal rule and principle; normative functions of legal principles; application of legal principles; development of law
- Summary/Abstract:The author's understanding of the role of legal principles in the application and development of law is based on the distinction between legal principles and rules. The legal (normative) functions of principles in the application of law are described, namely: they provide direction and a framework for the application of law – normatively and causally; they serve as a criterion for balancing or preferring competing values and rights; they serve as a criterion for determining the applicable rules; they serve as legal justification; and they serve to judge the validity of legal acts. Examples from case law are given for each of these functions. A distinction is made, but also a link between the functioning and development of law. Legal principles stabilize law and the legal system in the process of their functioning. Furthermore, principles enable content to be derived from legal provisions. The evolutionary interpretation of legal principles and the change of principles are manifestation of the development of law.
Правомощието на съдилищата да сезират КС и техните задължения по силата на принципа на примат на правото на ЕС
Правомощието на съдилищата да сезират КС и техните задължения по силата на принципа на примат на правото на ЕС
(The Power of The Courts to Approach the Constitutional Court and Their Obligations by Virtue of the Primacy Principle)
- Author(s):Atanas Semov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
- Page Range:22-34
- No. of Pages:13
- Keywords:supranational organization; sovereignty; ipso jure; ex officio; primacy; nonapplication; constitutional complain
- Summary/Abstract:The European Union is not an international organization but a supranational body and a union of law (“Union de froit”). EU Member State is sovereign yet integrated state. A Member State does not transfer sovereignty but is subject to the principles of direct applicability, primacy, direct and indirect effect of Union law. Bulgaria’s Constitutional Court has clearly confirmed that each court in each case, ipso jure, must verify ex officio whether the subject-matter of the case or the applicable domestic law rules have is connected to EU law and, should it so, the court must take full account of the conclusions drawn from its effect. This includes the obligation of any national judge, as a judge who applies EU law, to respect in particular the principle of primacy by not applying any domestic rule that is contrary to EU law, even if this is a criminal law rule. Such a judge may not approach the Constitutional Court pursuant to Article 150 (2) of the Constitution about any such law rule because this law rule ceases to qualify as “applicable law” with regard to the case at issue. Judges need to be categorically encouraged and reassured to exercise the rights and fulfil the obligations arising from EU law.
The Seashore: between the Ius Gentium and the Ius Civile
The Seashore: between the Ius Gentium and the Ius Civile
(The Seashore: between the ius Gentium and the ius Civile)
- Author(s):Anna Tarwacka
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:37-44
- No. of Pages:10
- Keywords:Roman law; ownership; seashores; res omnium communes; superficies solo cedit
- Summary/Abstract:The article examines the legal status of the seashore in Roman law, balancing ius gentium and ius civile. Roman jurists debated whether structures built on the shore could be privately owned, given its special nature. Celsus and Scaevola argued for public use, while Marcianus classified the shore as res omnium communis – common to all but owned by none. Neratius suggested that ownership could be acquired by occupatio, while Ulpian claimed that ownership was based on ius gentium. The seashore was contested between public access for fishing and private ownership by villa owners. Harbours were publicly owned for trade and military defence, while private individuals sought to restrict access to the shore for personal use. Jurists sought to balance these conflicting interests through legal interpretation. Over time, legal views shifted to reflect economic and social developments, giving more rights to private builders. The evolution of Roman law reflected the growing importance of both public and private interests in coastal land use.
Политическото съдържание на правните принципи
Политическото съдържание на правните принципи
(Political Content of Legal Principles)
- Author(s):Maria Slavova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Political Theory, Politics and law, Philosophy of Law
- Page Range:45-51
- No. of Pages:7
- Keywords:Intention; promise of a better future; delusion; political courage; rule of law; rule of law; political expediency
- Summary/Abstract:Political content of the legal principles is undeniable though it changes under different circumstances. Principles are like a promise of a better future. Principles are always at the beginning. Fulfillment or failure are afterwards. The territory of principles is optimistic. But once spoken aloud, written into law, they become a measure of good governance or an easily identifiable fallacy, a claim often impossible to fulfill with the resources of a particular political force. It takes political courage to articulate and uphold the principles of law. This is particularly evident in European Union law, where the content of the rule of law and the rule of law is read without inhibition as politically expedient.
The Functions of Exceptio Doli Generalis and its Impacts on Turkish Law
The Functions of Exceptio Doli Generalis and its Impacts on Turkish Law
(The Functions of Exceptio Doli Generalis and its Impacts on Turkish Law)
- Author(s):Ipek Söğüt
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:52-68
- No. of Pages:17
- Keywords:exceptio doli generalis; bona fides; aequitas; principle of honesty; prohibition of abuse of rights
- Summary/Abstract:Although there is no general theory of exceptio doli in Roman Law, its application in specific cases shows that this legal instrument played a significant role in mitigating the rigidity of ius civile through praetor’s law, serving equity, sanctioning actions contrary to bona fides and the principle of honesty, and preventing contradictory behaviors. It ensured a certain equity between parties, in other words, justice in concrete cases, prioritized the parties’ intentions over formalism, and prevented unnecessary claims.This paper aims to elucidate the relationship between exceptio doli generalis and universal legal principles such as equity, good faith, the principle of honesty, and the prohibition of abuse of rights. The study will provide insights into the relationship between exceptio doli generalis and principles like equity (aequitas), good faith (bona fides), the principle of honesty, and the prohibition of abuse of rights in Roman Law, as well as their implications in specific cases and their impacts on Turkish Law.
Правните принципи – последната и единствена защитна стена срещу законодателния произвол
Правните принципи – последната и единствена защитна стена срещу законодателния произвол
(The Legal Principles – The Last and Only Firewall against Legislative Arbitrariness)
- Author(s):Tony Dimov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:69-87
- No. of Pages:19
- Keywords:foundations of the legal order; DNA of law; value radar; legal firewall; legislative arbitrariness
- Summary/Abstract:The legal principles are the foundations on which the legal order is built. They are the DNA of law, in which information about the origin, historical path, evolution and trends for the future development of the legal system is encoded. The principles in law are the value radar by which we can distinguish quality, valid and legitimate from bad, subjectively influenced and harmful legislation.
Правните принципи са смисловия фундамент на правната система
Правните принципи са смисловия фундамент на правната система
(Legal Principles are the Meaningful Foundation of the Legal System)
- Author(s):Svetla Kaneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:88-102
- No. of Pages:15
- Keywords:legal principles; meaning of law; legal system; legal measure
- Summary/Abstract:Legal principles contain the meaningful foundations of law and the legal system. They provide the meaningful direction of possible or due conduct for all subjects of law in the protection of goods. They contain the social and formal justification of objective and positive law on the protection of the goods of law.
Ролята и значението на основните начала в българското обичайно право
Ролята и значението на основните начала в българското обичайно право
(The Role and Significance of the Basic Principles in Bulgarian Customary Law)
- Author(s):Nelly Radeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
- Page Range:103-112
- No. of Pages:10
- Keywords:legal principle; justice; equality legal custom; common law
- Summary/Abstract:In the Bulgarian legal theory, the legal principles or the basic principles are mainly associated with the theory of natural law. Supporters of the classical philosophy of law find the basis for law in concepts such as: justice, morality, freedom, equality, etc. Values are contained in principles, although they are not the basis of law, but the latter is legitimized through them. Thus, in the basic principles, we find the values and human experience accumulated over time. In the years of the Ottoman rule, when the application of customary law norms was preserved, those guiding principles which were based on the experience of the Bulgarian people were also preserved. They are of great importance for the individual branches of Bulgarian customary law. Their main task is to assist in achieving the desired result of the society. The principles of Bulgarian customary law are intended to ensure and guarantee order in the environment in which Bulgarians live, albeit under foreign rule. They are a model for behavior and connect law with the spiritual, with what is socially significant for people.
The Notion of Concubinage and Civil Marriage in Byzantium: Historical Precedents and Contemporary Implications in Orthodox Christianity
The Notion of Concubinage and Civil Marriage in Byzantium: Historical Precedents and Contemporary Implications in Orthodox Christianity
(The Notion of Concubinage and Civil Marriage in Byzantium: Historical Precedents and Contemporary Implications in Orthodox Christianity)
- Author(s):Ioannis Kaminis
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law
- Page Range:113-124
- No. of Pages:12
- Keywords:Byzantium; Orthodox Christianity; concubinage; Canon law; civil marriage; Byzantine law; civil unions
- Summary/Abstract:This paper examines the evolution of marriage and concubinage within the context of Byzantine law and Orthodox Christianity, highlighting the dynamic interplay between civil and ecclesiastical regulations. Beginning with early Christian practices, which integrated marriage with the Eucharistic gathering, the study traces the gradual transformation of marriage into a distinct ecclesiastical sacrament. It investigates the Church's nuanced response to concubinage, civil marriages, and other forms of cohabitation, demonstrating how principles of oikonomia (pastoral discretion) shaped its approach. Special attention is given to legislative changes, such as Emperor Leo VI's Novella 89, which formalized Church involvement in marriage, thereby blurring the lines between sacred and secular authority. The paper also contextualizes these historical developments within contemporary debates over civil unions and the Orthodox Church's stance on modern cohabitation practices. Ultimately, this study underscores the Church's historical adaptability while questioning modern interpretations that rigidly equate civil marriages with fornication.
Публичност и непосредственост в съвременното правораздаване
Публичност и непосредственост в съвременното правораздаване
(Publicity and Immediacy in the Modern Administration of Justice)
- Author(s):Georgi Mihaylov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law
- Page Range:125-131
- No. of Pages:7
- Keywords:legal principles; publicity and immediacy; violation of legal principles
- Summary/Abstract:The drive of modern justice towards speed and efficiency is often realised at the expense of fairness. The neglect of fundamental principles of law, such as publicity and immediacy, which have proved their usefulness in the light of experience, leads to flawed administration of justice. This article examines the importance of these two fundamental principles of the administration of justice, while providing a reasoned critique of some conflicting legal provisions and practices. It is argued that publicity and immediacy are key prerequisites for arriving at the truth and, consequently, the just resolution of a legal dispute.
За скритата природа на правните принципи
За скритата природа на правните принципи
(On the Hidden Nature of Legal Principles)
- Author(s):Victor Ivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:132-140
- No. of Pages:9
- Keywords:legal principles; Desacralizing theory; internal laws of the legal phenomenon
- Summary/Abstract:In the present report, attention is focused on the hidden nature of legal principles – legal principles are considered as regularities in the simple and extended reproduction of the legal phenomenon, and not only as fundamental legal norms occupying a fundamental place in the construction of the legal phenomenon. Since ancient times, legal principles have been the object of philosophical reflection, and in recent times also of indepth scientific research, but only recently has the task of shaping itself according to the model of the most developed sciences and bringing out the internal regularities of the legal phenomenon appeared before legal science. In carrying out this task, it became clear that, in fact, these regularities have long been known to the legal community, but in a converted form of legal principles. The task arose to reformulate legal principles in such a way as to reveal their hidden nature of internal laws of the legal phenomenon.
Правните принципи в системата на правото
Правните принципи в системата на правото
(Legal Principles in the Legal System)
- Author(s):Rositsa Dineva-Karabadzhakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:141-152
- No. of Pages:12
- Keywords:legal principles; principles of law; legal norm; legal system; institutionalization of legal principles; analogy of law; interpretation of law; circumvention of law; abuse of law
- Summary/Abstract:The article analyzes the place and role of legal principles in the legal system, their comparison with legal norms, the forms of institutionalization of legal principles in the legal system, as well as some of their applications in legal practice.
Erosion of Personality Principle Concerning Roman Ius Civile in the Second-Century Province of Arabia
Erosion of Personality Principle Concerning Roman Ius Civile in the Second-Century Province of Arabia
(Erosion of Personality Principle Concerning Roman Ius Civile in the Second-Century Province of Arabia)
- Author(s):Valéria Terézia Dančiaková
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Roman law
- Page Range:153-169
- No. of Pages:17
- Keywords:Roman law; personality principle; Roman Arabia; Babatha Archive; Roman citizenship
- Summary/Abstract:Before 212 CE, Roman citizenship was based on the personality principle as other citizenships in the ancient world. This meant that those inhabitants of the Roman Empire who were not Roman citizens could not make valid dispositions that would be protected by Roman ius civile, as the Roman law simply did not apply to them. However, due to the expansion of Roman territory and the emergence of the office of peregrine praetor, as well as the concept of ius gentium, this strict distinction started to disappear, and various institutes of Roman law became available to peregrines as well. One of the first bigger changes in this direction was creating a new model of Roman litigation, the formulary procedure, that allowed access to courts held under Roman magistrates to foreigners (peregrines) as well. This erosion of personality principle and legal syncretism of various legal traditions can be seen in documents from the beginning of the second century CE from the province of Arabia, the Babatha Archive.
Правните принципи – генезис, същност, развитие
Правните принципи – генезис, същност, развитие
(Legal Principles – Genesis, Essence, Development)
- Author(s):Goran Goranov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
- Page Range:170-183
- No. of Pages:14
- Keywords:legal principles; guiding ideas; basic principles; legal system; normative character
- Summary/Abstract:The general principles of law are a set of concepts, guiding ideas, basic principles that permeate the entire legal system and subordinate all other legal phenomena to themselves. Legal principles are basic propositions that have a permanent character and a metaphysical basis. Principles in law are not derived from reality, but quite the opposite – principles create legal reality. Legal principles, even those that are not explicitly defined legal norms, have a normative, albeit indirectly normative character. Principles of law constitute a fundamental pillar of today's democracies, not only because they give meaning to a country's regulatory system, but also because they serve to guide judges in resolving legal cases.
Правни принципи, характеризиращи съдебните производства в Новоасирийската империя
Правни принципи, характеризиращи съдебните производства в Новоасирийската империя
(Legal Principles Characterising Judicial Proceedings in the Neo-Assyrian Empire)
- Author(s):Yuliana Radoykova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:184-191
- No. of Pages:8
- Keywords:administration of justice; [judicial] officials; principles; subordination; centralism
- Summary/Abstract:The subject of this study is the legal principles that underpinned the process of administering justice in the Neo-Assyrian Empire. The main characteristics of the system of judicial administration, predetermined by the nature of power in the Neo-Assyrian Empire and its strong centralism, are outlined. Officials in the empire’s judicial administration system and their functions, arising from the hierarchy and subordination inherent in the system are examined. Above all the relationship of the judiciary with the ruler and the subjects of proceedings are explored with particular emphasis on the all too rare hypothesis of the joint exercise of functions. The interaction between those authorities with jurisdictional function and some particular features relating to local fundamental principles of judicial administration are re-examined in the context of fundamental principles in the administration of justice in the Neo-Assyrian Empire. The controversial question of whether the ruler personally exercised power related to the administration of justice is explored, with arguments drawn from the titular hierarchy and functions of officials in judicial system.
Homo Constantissimus – като правен принцип
Homo Constantissimus – като правен принцип
(Homo Constantissimus – As a Legal Principle)
- Author(s):Emilia Ganeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
- Page Range:192-206
- No. of Pages:15
- Keywords:the most constant man; legal principle; juridical model; ethical categories
- Summary/Abstract:In the present work, homo constantissimus (the most constant man) is seen as a juridical model with ethical roots. Its significance and use were traced in legal and rhetorical texts from the Pre-classical and Classical periods. Its meaning is juxtaposed with the brave man of the Nicomachean Ethics, as well as with similar medieval and modern legal-ethical categories. In this way, essential conclusions are reached about its meaning in the construction of legal concepts in antiquity and today, as well as about the changes that have occurred in its semantic content.
Основни принципи при възникване и формиране на българската правна система след Освобождението
Основни принципи при възникване и формиране на българската правна система след Освобождението
(Basic Principles of the Emergence and Formation of the Bulgarian Legal System after the Liberation)
- Author(s):Veronika Doychinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:207-222
- No. of Pages:16
- Keywords:legal system; principles; equality; legality; legislation
- Summary/Abstract:The article contains a brief analysis of some general aspects of the process of emergence and formation of the Bulgarian legal system in the period after Liberation. The principles of equality and the principle of legality are examined, which are basic legal principles in legislation during this period. Conclusions are made regarding the influence of the Turkish feudal legislation and the reception of foreign legal systems on its development. The importance of Bulgarian customs, culture and traditions is noted. The law is considered as a social regulator in a continuous process of evolution that follows the course of time. The main factors for its development are legislation, judicial practice and doctrine. The creation of the first laws after Liberation gave the beginning of formation of Bulgarian legal system. This process takes time. For this reason, it is necessary to apply Ottoman laws for a while and subsequently when the new Bulgarian legislation was creating, the reception of laws from other countries such as Russia, France, Austria, Italy and others was used. It is concluded that the legal system develops as a result of interaction with other legal systems as well as with other factors of a socio-cultural nature.
The Essence of the Principle of Equality and Non-Discrimination According to Dworkin
The Essence of the Principle of Equality and Non-Discrimination According to Dworkin
(The Essence of the Principle of Equality and Non-Discrimination According to Dworkin)
- Author(s):Majlinda Velcani
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Philosophy of Law
- Page Range:223-233
- No. of Pages:11
- Keywords:principle of equality; non-discrimination; equality according to Dworkin
- Summary/Abstract:Examining Dworkin's definition of the fundamental equality and nondiscrimination principle is the aim of this study. Dworkin claims that equality is a broadly accepted yet mysterious political idea. Being equal (or at least more equal) in one area might lead to people becoming unequal (or more unequal) in other areas. More precisely than is usually stated, equality is necessary to illustrate the need of understanding what equality is. To do this, though, we must differentiate between several ideas of equality and decide which idea or combination of ideas expresses, if any, the best, desired policy. A society where income equality is achieved, according to an advocate, is one in which people are treated equitably. Someone who supports allowing people to freely express conflicting and different ideas about what constitutes society. We must ascertain whether the equality we seek is equality of resources or equality of welfare, or some combination of the two, or something quite different, in order to present a compelling case for the importance of equality. Dworkin also points out that there is an instant appeal to the idea that, as much as it is important, well-being must ultimately take precedence over equality. If we really want to treat individuals as equals, regardless of how it may seem, we should try to make their lives equally appealing to them rather than merely aligning their financial accounts in the same manner. During the paper, the positions of different authors regarding Dworkin's principles of equality will be analyzed.
Цивилизационното право и неговите принципи
Цивилизационното право и неговите принципи
(Civilizational Law and Its Principles)
- Author(s):Dimitar Stoyanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:234-242
- No. of Pages:9
- Keywords:law; civilization; legal system; legal principles; foundations; war; risks
- Summary/Abstract:The concept of “civilization” is traditionally understood predominantly in its cultural, political, geographical, and historical context of similar societies. Law and the legal system, in turn, also possess civilizational characteristics, and the law that has emerged within the framework of Western civilization has a potentially universal character. The existence of risks such as wars, pandemics, including the “clash of civilizations” as defined by Samuel Huntington, can lead to the erosion of the civilizational legal system, its principles and standards, and the way in which legal reasoning is applied and understood within it.
Ролята на правните принципи за гарантиране на правната сигурност
Ролята на правните принципи за гарантиране на правната сигурност
(The Role of Legal Principles for Ensuring Legal Certainty)
- Author(s):Yosif Tanev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law
- Page Range:243-262
- No. of Pages:20
- Keywords:rule of law; legal certainty; legal principles
- Summary/Abstract:The аrticle examines the function of legal principles as a guarantee of legal certainty. Particular attention is paid to their role in lawmaking, interpretation of legal norms and overcoming gaps in the law. In these processes they ensure consistency and stability of the law by guiding the outcomes, thus preventing arbitrariness and directing them towards the path of development for the law they set. Their importance as a key factor for the sustainability of the legal system is underlined. The link between the rule of law and legal certainty plays a key role in the development and stability of the legal system. Legal certainty is a fundamental principle of the rule of law that guarantees the stability and predictability of the legal system. The goals of this principle could not be achieved without the indispensable and consistent role of legal principles. They act as a boundary in creating, interpreting and filling gaps in law, ensuring the results of them will be ones that are guaranteeing legal certainty.
Правни принципи за създаване на неолиберална държава от политологична гледна точка
Правни принципи за създаване на неолиберална държава от политологична гледна точка
(Legal Principles for Creating a Neoliberal State from a Political Point of View)
- Author(s):Krasimira Decheva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, Political Theory, Politics and law, Philosophy of Law
- Page Range:263-273
- No. of Pages:12
- Keywords:neoliberal state; legal principle/principles
- Summary/Abstract:The subject of this paper is tracing the history of the application of three basic legal principles (national sovereignty, separation of powers and inviolability of property) in the creation of a neoliberal state from a political science perspective. Chronologically, the emergence of the idea of a neoliberal state at the beginning of the 20th century, the formation of the neoliberal doctrine with the creation of the Mont Pelerin society in 1947 and the gradual implementation of neoliberal policies into the constitutions of national states are indicated – first in the Chilean constitution of 1980, followed by the emergence of Thatcherism in Great Britain, Reaganomics in the USA and the spread into the constitutions of European countries at the end of the 20th century through the tools of the New Public Management. Specific examples of legitimizing neoliberal policies through legal principles in constitutions are given. The combination of legal and political science approaches allows for the delineation of mechanisms for reducing state (governmental) governance through neoliberal policies within the framework of the so-called “Washington Consensus” in the current world order of globalization under American hegemony.
Състезателното начало във въззивното производство по граждански дела
Състезателното начало във въззивното производство по граждански дела
(The Adversarial Principle in the Appellate Proceedings in Civile Cases)
- Author(s):Tanya Gradinarova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:277-293
- No. of Pages:18
- Keywords:limited appeal; adversarial principle; appeal proceedings; manifest irregularity; appeal; cross-appeal; response to the appeal
- Summary/Abstract:A significant period of time has elapsed since the entry into force of the Code of Civil Procedure (CPC). The procedural doctrine emphasizes that the introduction of limited appellate proceedings under the CPC, combined with the selective nature of the cassation appellate proceedings, poses significant challenges before the law enforcement within the correct interpretation and application of the legal provisions under the matter. The analysis of case law of the Supreme Court of Cassation on the application of independent grounds for access to cassation of obvious incorrectness in Art. 280, § 2, sentence 3 of the CPC leads to the conclusion that failure to comply with the requirements for duly carried out appellate activity is defined as a violation of the principles of the legal order and the fundamental rules of civil procedure – namely the adversarial principle and the equal right of the parties to present their case, with which the legislator guarantees the right to judicial protection. Violation of these principles prevents the party from exercising its procedural rights and deprives it of the right to a fair trial. According to these arguments, the importance of the topic related to the appellate proceedings, as well as the manifestations of the basic principles in this phase of the development of the claim proceedings, is increasing in the modern development of the civil procedure. The report is dedicated to one of the manifestations of the adversarial principle as a basic principle in the civil procedure in the appellate proceedings, namely the limitations in the appellate activity when establishing the factual side of the substantive dispute referred for consideration before the appellate instance, when exercising its powers and the binding nature of the appellate activity when assessing the correctness of the appealed first instance decision, in accordance with Art. 269, sent. 2 of the CPC. It contains an analysis of the theoretical views, the case law of the Supreme Court of Cassation under the matter, considering the importance of the initial and cross-appeal, as well as the appellate defendant’s response, for determining the parameters of the activity of the appellate court.
Принципът за недопустимост на неоснователното обогатяване в някои вещноправни отношения през погледа на съдебната практика
Принципът за недопустимост на неоснователното обогатяване в някои вещноправни отношения през погледа на съдебната практика
(The Principle of Inadmissibility of Unjust Enrichment in Certain Property Relations in the Light of the Case Law)
- Author(s):Gergana Boyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:294-304
- No. of Pages:11
- Keywords:unjust enrichment; property relations; property; owner; improvements
- Summary/Abstract:Unjust enrichment by its nature is an institute which has application in all branches of civil law. A fundamental principle in civil law relations is to prevent unjust enrichment of some persons at the expense of others by transferring goods from one property to another. In particular, this principle is also applied in property law relations, as it is enshrined in a number of provisions regulating these relations – in the compensation of the bona fide and bad faith owner, in the improvements conducted by a co-owner, in the annexation of property, etc. Important factors for this are the legal facts that have led to the unjust enrichment, as well as the means for its compensation.
Принципът на възмездност на положения труд при изменение на колективния трудов договор
Принципът на възмездност на положения труд при изменение на колективния трудов договор
(The Principle of Remunerative Labor in Case of Amendment of the Collective Labor Agreement)
- Author(s):Gergana Kirilova-Andreeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:305-320
- No. of Pages:16
- Keywords:dependent work; employment relationship; remuneration; collective labour agreement
- Summary/Abstract:This report examines the principle of remunerative labour under employment law, enshrined in Art. 242 of the Bulgarian Labour Code, in the context of applying the clauses of an additional agreement to amend a collective labour agreement. The interestin the topic is provoked by numerous manifestations of unequal treatment of workers and employees, to whom the collective labour agreement applies, conditioned by the subsequent termination of their employment relationships. The analysis of the current labour legislation and the opinions expressed in the legal doctrine is compared with current judicial practice.
Концентрационното начало в исковия граждански процес
Концентрационното начало в исковия граждански процес
(The Concentration of Proceedings in the Claim Civil Process)
- Author(s):Borislav Borisov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:321-337
- No. of Pages:17
- Keywords:principle; concentration of proceedings; claim process; applications, guarantees
- Summary/Abstract:A distinctive feature of the current Civil Procedure Code is the explicit legal regulation of the principles of the civil process. An exception to this situation is the concentration of proceedings. This report examines the theoretically and practically important issue of the concentration of proceedings as a principle of civil litigation. The opinions expressed in legal doctrine and judicial practice about this principle, its interaction with the other basic principles in the civil process, as well as its manifestations and guarantees for its observance, are consistently examined. It is accepted that the procedural regulation, built on the basis of the concentration of proceedings, aims at the timely clarification of the dispute, which implies enhanced cooperation of the court in exercising the procedural rights of the parties.
De Lege Ferenda за нотариалното завещание в светлината на принципа на равно упражняване на правата на хората с увреждания
De Lege Ferenda за нотариалното завещание в светлината на принципа на равно упражняване на правата на хората с увреждания
(De Lege Ferenda on Public Will in the Light of the Principle of Equal Enjoyment of All Human Right by All Persons with Disabilities)
- Author(s):Delyan Nedev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
- Page Range:338-347
- No. of Pages:10
- Keywords:persons with disabilities; notarial will; public will
- Summary/Abstract:The article is based on the understanding that, in Bulgarian law, there is a principle of equal enjoyment of rights of persons with disabilities. Accordingly, the difficulties those persons are facing when preparing notarial will are examined. The relevant legislation is analysed, in accordance with the principle of primacy of the United Nations Convention on the Rights of Persons with Disabilities. Two problems are considered: the preparement of draft of public will and testamentary capacity of persons, who cannot express their will verbally. In relation to that, amendments to the legislation are suggested. Specific suggestions are related to art. 24 of the Inheritance Act and art. 84 from the Notary and Notarial Practice Act.
Принципът за социалния диалог в правния режим на масовите уволнения в България
Принципът за социалния диалог в правния режим на масовите уволнения в България
(The Principle of Social Dialogue in the Legal Regime of Collective Redundancies in Bulgaria)
- Author(s):Atliana Mileva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:348-364
- No. of Pages:17
- Keywords:principle of social dialogue; collective redundancies (mass dismissals); protection of the right to work; information and consultation of workers and employees in cases of collective redundancies; representatives of workers and employees
- Summary/Abstract:The article elaborates on the intersection between one of the fundamental principles of labour law – that of social dialogue, and the legal institute of collective redundancies (mass dismissals). The specific manifestations of the implementation of the stated principle in the matter under consideration in Bulgarian labor law have been analyzed. The essential question is raised, how effectively and fully the principle of social dialogue is carried out in the legal framework of collective redundancies (mass dismissals). Some specific proposals de lege ferenda are given regarding the implementation of the principle of social dialogue in the legal framework of collective redundancies in order to improve the achievement of the balance between the protection of the right to work and the freedom of entrepreneurial initiative in Bulgarian labour law.
Принципът за добросъвестност в трудовото право
Принципът за добросъвестност в трудовото право
(The Principle of Good Faith in Labor Law)
- Author(s):Maria Dimitrova Chochova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:365-374
- No. of Pages:10
- Keywords:good faith; labor law; employment relationship
- Summary/Abstract:The exposition examines one of the main principles laid down in labor law – that of the good faith exercise of labor rights and the fulfillment of obligations under the employment relationship. The issue of the importance of good faith in realizing the legal consequences in cases of invalidity of the basis for the creation of an employment relationship was also considered. An analysis of the relevant legal norms and available case law has been made.
По някои въпроси на бързото производство по ликвидация на търговски дружества
По някои въпроси на бързото производство по ликвидация на търговски дружества
(On Some Issues of Expedited Proceedings for the Liquidation of Commercial Companies)
- Author(s):Atanas Petrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:375-388
- No. of Pages:14
- Keywords:commercial companies; commercial code; liquidation; commercial register; Tax and Social Insurance Procedure Code; Social Insurance Code; deregistration; termination
- Summary/Abstract:In Issue No. 82/2024 of the State Gazette, the Act amending and supplementing the Commercial Act (ZIDTZ) was promulgated, introducing a new provision – Article 274a of the Commercial Act – within the framework of company liquidation. This provision establishes the conditions and procedure for conducting an expedited liquidation process. The amendments also affect provisions in other legislative acts, including the Social Security Code and the Tax and Social Insurance Procedure Code. The legislator's objective is to accelerate and simplify the liquidation of companies that have never commenced operations or have ceased their activities for a relatively long period. These legislative changes also aim to address the existing issue that a significant number of registered companies remain inactive without being officially dissolved or have initiated but not completed their liquidation process. This report examines the legislative amendments and discusses certain issues related to their application.
По някои въпроси на гражданската отговорност между администратор и обработващ лични данни
По някои въпроси на гражданската отговорност между администратор и обработващ лични данни
(Civil Liability between Data Controller and Data Processor)
- Author(s):Elislav Atanasov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:389-397
- No. of Pages:9
- Keywords:civil liability; personal data protection; data controller; data processor
- Summary/Abstract:This article focuses on two basic questions related to civil liability between an administrator and a processor of personal data: 1) What is the procedural order in which liability may be committed between an administrator and a processor of personal data and 2) when the liability is contractual and when tort.
Приемането на наследството като израз на гражданскоправния принцип на автономия на волята – практически проблеми и възможни решения
Приемането на наследството като израз на гражданскоправния принцип на автономия на волята – практически проблеми и възможни решения
(The Acceptance of Inheritance as a Manifestation of the Civil Law Principle of Autonomy of Will – Practical Problems and Possible Solutions)
- Author(s):Vladislav Datsov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:398-414
- No. of Pages:17
- Keywords:acceptance of inheritance; autonomy of will; legal certainty
- Summary/Abstract:The acceptance of inheritance is a unilateral expression of will which aims at acquiring the property of a deceased person by the natural persons who have the right to inherit. This expression is a manifestation of the Civil Law principle of autonomy of will because the person, who accepts the inheritance, does so willingly, without compulsion, basing their decision on the knowledge of what this inheritance consists of. However, there are certain practical problems such as how the person, who has the right to inherit, is to find out about the death of the testator, and how long should the period for accepting the inheritance be. These issues lead to a situation of uncertainty in which both the creditors of the deceased and the debtors of the same do not know who replaced the deceased in their legal relations. The current article seeks possible solutions to these and other problems.
Сезиране на Конституционния съд от съд, с искане за установяване на несъответствие между закон, приложим по конкретното дело и Конституцията
Сезиране на Конституционния съд от съд, с искане за установяване на несъответствие между закон, приложим по конкретното дело и Конституцията
(Refer to the Constitutional Court from the Court to Establish Inconsistency between the Law Applicable in the Specific Case and the Constitution)
- Author(s):Maya Mihaylova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
- Page Range:415-425
- No. of Pages:11
- Keywords:Constitution of the Republic of Bulgaria; Constitutional court; unconstitutionality; applicable law; direct effect; constitutional principles
- Summary/Abstract:The report provides a brief overview of specific constitutional principles with a view of legal interpretation. The basis of the analysis is the mechanism by which the immediate effect of the provisions of the Constitution is carried out. The amendments to the Constitution of the Republic of Bulgaria (promulgated SG No. 106 of 22.12.2023) were analyzed, which expanded the range of entities authorized to refer to the Constitutional Court with a request to establish the unconstitutionality of an applicable law, with a separate special attention to the role of the court in this context. An attempt has been made to summarize the requirements for the admissibility of a request from a court, to establish the unconstitutionality of a law applicable to the case. The report contains an overview of the practice of the Constitutional Court on the received requests from the court to establish inconsistency between the law applicable in the specific case and the Constitution, paying special attention to the importance of the requirement in the request to justify the connection of the applicable law with the law of the European union.
Взаимодействие между основни принципи на гражданския процес
Взаимодействие между основни принципи на гражданския процес
(Collaboration between Fundamental Principles of Civil Procedure)
- Author(s):Aleksander Angelov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:426-435
- No. of Pages:10
- Keywords:principles; equality; legality; legal certainty; access to justice; collision; good faith; access to justice
- Summary/Abstract:The subject of the study is the fundamental legal principles and the way in which these principles are resolved by the court seized with a civil dispute. The report presents the general theoretical framework for the collaboration between legal norms and legal principles, as well as the basic requirements arising from the principles of access to justice, equality in law proceedings, good faith, fundamental truth. The report traces the role of these principles in the law proceedings. Also aims to demonstrate that collision between fundamental principles could be avoid with balanced implementation of collaboration between analysed in the report principles and allow a balanced and consistent interpretation, which accords with other guiding principles of the civil process. The balanced interpretation of fundamental principles in civil litigation is opportunity for parties to protect human rights and ensure fair trial.
Значение на принципите за свобода на договарянето и забрана за злоупотреба с право при винкулираните акции, за чието прехвърляне се изисква съгласие на управителния орган на дружеството
Значение на принципите за свобода на договарянето и забрана за злоупотреба с право при винкулираните акции, за чието прехвърляне се изисква съгласие на управителния орган на дружеството
(The Significance of the Principles of Freedom of Contract and the Prohibition of Abuse of Rights in Relation to Restricted Shares Whose Transfer Requires the Approval of the Company’s Managing Body)
- Author(s):Iveta Viktorova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:436-443
- No. of Pages:8
- Keywords:joint-stock companies; registered shares; transfer; bylaws; shareholders agreement; restrictions; freedom of contract; abuse of rights; approval; managing body
- Summary/Abstract:In joint-stock companies, registered shares are generally freely transferable. However, the law allows the company’s bylaws to impose additional conditions on the transfer of registered shares. Shares whose transfer is subject to specific conditions outlined in the company’s bylaws are referred to as restricted shares. The introduction of such restrictions is often motivated by the shareholders’ desire to protect their partnership and prevent external parties from entering the company. Frequently, the inclusion of such clauses in the bylaws is also stipulated in a shareholders agreement. The report examines how the restrictions on share transfer interact with the principles of freedom of contract and the prohibition of abuse of rights, as well as the protection available to shareholders against an unjustified refusal by the company’s managing body to approve the transfer of shares when such approval is required by the bylaws.
Прояви на принципите на добросъвестност и дължима грижа при наследяване на дялове в ООД
Прояви на принципите на добросъвестност и дължима грижа при наследяване на дялове в ООД
(Manifestations of the Principles of Good Faith and Due Care in the Inheritance of Shares in a Limited Liability Company (LLC))
- Author(s):Lyudmil Karaulanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:444-458
- No. of Pages:15
- Keywords:inheritance; company shares; good faith; due care; LLC (Limited Liability Company); transparency; capital protection; heirs; partnership; compensation
- Summary/Abstract:The principles of good faith and due care are crucial in the process of inheriting shares in a Limited Liability Company (LLC). They help protect the interests of the company, heirs, and shareholders, while ensuring the company’s stability. Manifestations of the principle of good faith: Transparency and communication: Heirs must openly inform the company of their intention to acquire shares and become partners. This promotes transparency and stabilizes shareholder relations. Access to information: The company must provide heirs with financial information and important documents to enable informed decisions regarding the inheritance. Offering shares to other partners: Good faith requires heirs to offer their shares to remaining partners before transferring them to a third party, should they not be admitted as shareholders. Manifestations of the principle of due care: Protection of the capital base: Due care involves protecting the company’s registered capital. If heirs are not accepted, the general assembly must ensure the shares are acquired by other partners or a third party to maintain the capital. Admission of new partners: The general assembly must exercise care when considering heirs as new partners to avoid conflicts and preserve company stability. Valuation of shares: If heirs are not admitted, the shares should be valued fairly under Article 125, paragraph 3 of the Commercial Act to protect the heirs' interests. These principles help ensure the company’s sustainability and safeguard the rights of all parties involved in the inheritance process.
Взаимодействие и несъответствие между принципите на истинност и стабилност при установяване на титул за произход
Взаимодействие и несъответствие между принципите на истинност и стабилност при установяване на титул за произход
(Interaction and Discrepancy between the Principles of Genuineness and Stability in Establishing a Title of Origin)
- Author(s):Plamena Yancheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:459-471
- No. of Pages:13
- Keywords:legal principles; origin; principle of truth; principle of stability; interaction; inconsistency
- Summary/Abstract:The purpose of this article is to focus on the questions of how the fundamental principles in family law concerning origin, namely the principle of truthfulness and stability, interact, whether there is a contradiction between them and what it entails. In support of the thesis presented in this article, both the current judicial practice of the Bulgarian courts and the European Court of Human Rights, as well as an analysis of the opinions existing in the doctrine on the current issue have been used. The present analysis would undoubtedly have practical significance, since the balance and interaction between the two main principles in the context of establishing a title of origin is the key to guaranteeing legal certainty regarding the most intimate sphere of civil law relations. Answering the questions raised in this article will contribute to a better understanding and application of these principles, while at the same time helping to strengthen legal certainty and justice in the matter of origin of persons.
Защита на неимущественото право на авторско име след изтичане на срока на действие на авторското право
Защита на неимущественото право на авторско име след изтичане на срока на действие на авторското право
(Protection of the Moral Right of the Author's Name after the Expiration of the Copyright Term)
- Author(s):Atanas Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:472-485
- No. of Pages:14
- Keywords:time – limitation of the rights of the author over his/her work; indelibility of the objective fact of the authorship and the author’s name; constitutional principles of respect for the rights of the individual and the protection of freedom of creativity
- Summary/Abstract:One of the principle of the legal protection of works is the time limitation of the duration of the rights of their authors. This time – limited duration is determined by the necessity a public access to the work and a free possibility for usе of the work by anunlimited number of persons to be provided after the expiration of a certain period of time after the death of the author, which, according to the legislator, is sufficient for the heirs and relatives of the author to have exclusive rights to the work and to derive benefits from its use. One of the exceptions to this principle is the obligation of any person to respect the moral right of the author's name, which continues indefinitely after the expiration of the copyright term. The reason for the protection of the moral right of the author's name after the expiration of the term of copyright protection is a manifestation of both the constitutional principle of respect for the rights of the individual and the protection of freedom of creativity, as well as the need to provide protection against unlawful infringement of the work as a public good through the indefinite protection of authorship over the work, respectively of the author's name through which it is manifested, which, although after the term of protection is no longer protected as a subjective right, is an indelible objective fact with public cultural and moral significance.
Придобиване на правото върху полезен модел – изисквания и ред за предоставяне на правната закрила
Придобиване на правото върху полезен модел – изисквания и ред за предоставяне на правната закрила
(Acquisition of the Right to a Utility Model – Requirements and Procedure for Granting Legal Protection)
- Author(s):Polina Pisarska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Administrative Law
- Page Range:486-496
- No. of Pages:11
- Keywords:registration; utility model
- Summary/Abstract:The application for the registration of a utility model is submitted to the Patent Office of the Republic of Bulgaria, which is also the administrative body that maintains the State Register of Utility Models. The registration procedure is defined and regulated by the Law on Patents and Registration of Utility Models and the Regulation on the Formulation, Submission, and Examination of Applications for Inventions and Utility Models. Specific requirements are set for the formulation of the application and the mandatory accompanying documents necessary for the successful registration of the utility model.
