Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки: Право, том 7 (2025)
Scientific Works - University of Plovdiv "Paisii Hilendarski". Book 7. Social Sciences: Law, volume 7 (2025)
Contributor(s): Angel Shopov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation, Administrative Law, Labour and Social Security Law, Roman law
ISSN: 2815-4304
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: theory of law; roman law; administrative law and procedure; environmental law; social security law; civil law; copyright law; inheritance law; commercial law; criminal law; international law; EU law; changes and law
Summary/Abstract: To the reader is made available the seventh volume of theScientific works of Law Faculty. The issue is specialized for scientificworks in the field of law and of related fields of science, defined asstudies (with a volume of 20 to 99 standard pages, according Bulgarianregulation on academic development). Not the least, on the pages of thisvolume the reader will find papers from the International ScientificForum “Changes and Law”. This forum celebrated the 10th anniversaryof the Balkan Association for Roman Law and Roman LegalTradition Societas pro iure romano (SIR).
- Page Count: 377
- Publication Year: 2025
- Language: English, Bulgarian, Italian
Приемствеността като предпоставка за предвидимостта в правото и законотворчеството: между теория и социална реалност
Приемствеността като предпоставка за предвидимостта в правото и законотворчеството: между теория и социална реалност
(Continuity As A Prerequisite Of Predictability In Law And The Legislative Process: Between Theory And Social Reality)
- Author(s):Kiril Ilchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
- Page Range:19-56
- No. of Pages:38
- Keywords:continuity in law; predictability in law; legislative legitimacy; legal certainty; quality legislation; institutional experience
- Summary/Abstract:This study examines legal continuity and continuity in legislation as a key prerequisite for predictability and legal certainty. Proceeding from the understanding that predictability is not an autonomous characteristic of law but rather a result of consistent and rational legislation, the paper analyses continuity as a dynamic and complex process of building upon normative, institutional and social experience.From a theoretical perspective, the study clarifies the content of the concept of continuity and its relationship with the principles of quality law-making and the legitimacy of the legislative process. From a practical perspective, the Bulgarian law-making process following the amendments to the Law on Normative Acts in 2016 is examined. Empirical data reveal tendencies toward formalization, normative instability, and ineffective use of accumulated regulatory experience, leading to unpredictability and inefficiency within the legal system.In conclusion, the study argues that genuine predictability in law can be achieved only through a balanced interaction between formal and substantive continuity in the law-making process, supported by consistent institutional commitment.
Косвеният административен протокол за законосъобразност на административните актове (инцидентен контрол за законосъобразност, осъществяван по административен ред)
Косвеният административен протокол за законосъобразност на административните актове (инцидентен контрол за законосъобразност, осъществяван по административен ред)
(The Indirect Administrative Review Of The Legality Of Administrative Acts (Incidental Review Of Legality, Carried Out By Administrative Order))
- Author(s):Tanya Daskalova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:57-92
- No. of Pages:36
- Keywords:indirect; administrative; review; challenge; annulment; legality; act; authority
- Summary/Abstract:This study examines the specific control activity, carried out by administrative authorities in the exercise of their powers, referred to here as „indirect administrative review“, or „incidental review of legality, carried out by administrative order“. Apart from this, other, specific „phenomena“ in legal reality are also briefly analyzed, such as the so-called „indirect administrative annulment“ and „indirect“ challenge. The purpose of this study is to reveal the essential characteristics of the concept of indirect administrative review and to demonstrate its independent place and significance in Bulgarian legal reality.
Особености на добросъвестността в държавното обществено осигуряване
Особености на добросъвестността в държавното обществено осигуряване
(Characteristics Of Good Faith In The State Social Security System)
- Author(s):Teodora Filipova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:93-128
- No. of Pages:36
- Keywords:good faith; social security legal relation; recovery of social payments; presumption
- Summary/Abstract:The subject of the study is the legal significance of good faith of the insured person in state social security as a criterion for the recovery of unjustly received social payments. The regulatory framework in Art. 114, para. 2 of the Social Security Code is analyzed, refracted through the prism of the general theory of legal good faith in civil law along with the reflection of the authority method of regulation – i.e. the lack of equality between the socially insured person and the social security authority. The features of a general composition of good faith and special factual compositions of good faith with different legal consequences for the insured person are outlined. The article comments on the relevant case law.
Защита на собствеността при незаконосъобразно актуване на имоти като държавни или общински
Защита на собствеността при незаконосъобразно актуване на имоти като държавни или общински
(Protection Of Property Rights In Cases Of Unlawful Registration Of Property As State Or Municipal Property)
- Author(s):Rosen Solakov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:129-158
- No. of Pages:30
- Keywords:right of ownership; state property; municipal property; registration of property; deregistration; act of state ownership; act of municipal ownership; declaratory action
- Summary/Abstract:The present study examines the legal mechanisms for the protection of the right of ownership in cases of unlawful registration of immovable property as state or municipal property – namely, where the legal grounds for such registration have ceased to exist or where the registration has been carried out incorrectly. The legal nature of acts of state and municipal ownership is analysed as official certifying documents of a declaratory character. The institutes of registration and deregistration are examined, along with the prerequisites for removing property from the property registers and the competence of the relevant administrative authorities. Particular attention is paid to the actions under Article 79(3) of the State Property Act and Article 64(2) of the Municipal Property Act as specific declaratory real actions for the protection of private ownership. Their prerequisites, legal characteristics, and procedural features are analysed. The conclusions emphasise the importance of judicial protection as a fundamental guarantee of the inviolability of private property in cases of unlawful actions by the state or municipalities.
Проблемни въпроси при научни публикации в съавторство
Проблемни въпроси при научни публикации в съавторство
(Problematic Issues In Co-Authored Scientific Publications)
- Author(s):Darina Dimitrova-Markovska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law, Administrative Law
- Page Range:159-190
- No. of Pages:32
- Keywords:scientific publications; co-authorship; academic development; higher education management; administrative law
- Summary/Abstract:Academic development is a long and laborious process involving the creation and publication of scientific works and educational literature of varying volume and complexity. The introduction of minimum national requirements for candidates in the procedures under the Act on Development of Academic Staff in the Republic of Bulgaria, representing quantitative indicators, has prompted members of the academic staff to publish in co-authorship, which raises a number of questions: the role of each member of the authoring team in conducting scientific research; the designation as co-author of a person who has not contributed to the scientific publication; copyright on publications; the manner of citing collective work, etc. The purpose of this study is to examine some of the problematic issues in co-authored scientific publications. Possible risks and improper practices in collective works are identified and solutions to overcome them are sought.
Определяне на наказанието в практиката на съдилищата по наказателни дела
Определяне на наказанието в практиката на съдилищата по наказателни дела
(Determination Of Punishment In Criminal Court Practice)
- Author(s):Petya Hadzhiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:191-218
- No. of Pages:28
- Keywords:punishment; individualization; criminal liability; reduction; legality; justice; court
- Summary/Abstract:The subject of this study is the activity of the court in determining the punishment. Considered as a judicial activity, the determination of the punishment is carried out in compliance with the principles of legality and individualization of the punishment. In addition, individualization of the punishment in the practice of the courts is discussed in a separate point. Attention has been paid to the importance of mitigating and aggravating circumstances, as well as to the rules for reduction of punishment when there are exceptional or numerous mitigating circumstances.
Международни многостранни и двустранни споразумения по опазване на околната среда от радиоактивно замърсяване с участието на Република България
Международни многостранни и двустранни споразумения по опазване на околната среда от радиоактивно замърсяване с участието на Република България
(International Multilateral And Bilateral Agreements On Protection Of The Environment From Radioactive Pollution With The Participation Of The Republic Of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:219-282
- No. of Pages:64
- Keywords:International Agreements; Radioactive Pollution; Republic of Bulgaria
- Summary/Abstract:This scientific study is dedicated to the international multilateral and bilateral agreements on environmental protection from radioactive pollution with the participation of the Republic of Bulgaria. The legal measures under these agreements are examined. In the conclusion, some more general conclusions are drawn from the reviewed legal regulation.
The Bulgarian ʻSocialistʼ Law Of Inheritance From 1949, As A Product Of The Italian ʻfascistʼ Civil Code From 1942 – What Ideas For Changes In Bulgarian Inheritance Law Can Be Drawn From The Development Of Italian Inheritance Law?
The Bulgarian ʻSocialistʼ Law Of Inheritance From 1949, As A Product Of The Italian ʻfascistʼ Civil Code From 1942 – What Ideas For Changes In Bulgarian Inheritance Law Can Be Drawn From The Development Of Italian Inheritance Law?
(The Bulgarian ʻSocialistʼ Law Of Inheritance From 1949, As A Product Of The Italian ʻfascistʼ Civil Code From 1942 – What Ideas For Changes In Bulgarian Inheritance Law Can Be Drawn From The Development Of Italian Inheritance Law?)
- Author(s):Vasil Petrov
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:287-296
- No. of Pages:10
- Keywords:succession; law of inheritance; reception of foreign legislation (legal transplant); Italy; Bulgarian; Codice civile of 1942; Bulgarian Inheritance Act of 1949
- Summary/Abstract:The old Bulgarian Law of Inheritance from 1890 is a literal translation of the corresponding provisions from the repealed Italian Civil Code of 1865. Surprisingly, however, the Inheritance Law adopted in 1949, during socialism (and in the Stalinist period), which is still in effect in Bulgaria to this day, is also a reception of the Italian Civil Code of 1942. The latter was adopted during the regime of Benito Mussolini. This second Italy-to-Bulgaria reception is smaller in scope, not without modifications, and moreover, was not acknowledged at the time of its adoption. And it's no wonder – there is no way for socialists (or communists) to admit that they adopt legal norms created by the jurists of a 'fascist' regime. The explanation for this unexpected reception (transplant) is the involvement of two prominent Bulgarian 'bourgeois' civil law professors, Ivan Apostolov and Petko Venedikov, in the working group drafting the inheritance bill in 1948. The first part of the report is dedicated to identifying received texts in the Bulgarian inheritance law of 1949 from the Italian inheritance law of 1942. The second part of the report discusses ideas for changes in Bulgarian inheritance law that can be drawn from the development of Italian inheritance law.
Recent Changes In Polish Law Of Succession
Recent Changes In Polish Law Of Succession
(Recent Changes In Polish Law Of Succession)
- Author(s):Sławomir Patrycjusz Kursa
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:297-310
- No. of Pages:14
- Keywords:law of succession; statutory succession; unworthiness to inherit; vindicatory bequest; form of will; declaration of acceptance of the inheritance; liability for the inheritance debts
- Summary/Abstract:Law of succession is an area of law that undergoes relatively infrequent changes. Nevertheless, contrary to appearances, significant amendments are also being introduced within it. A great example is the Polish Civil Code of 23 April 1964 and its fourth book, titled “Inheritancesˮ. Over the past thirty years, over ten major and minor amendments have been made. These amendments concerned various aspects of the law of succession, including statutory succession, the form, content, and executors of wills, as well as compulsory share, unworthiness to inherit, and methods of accepting an inheritance. The purpose of this article is to present these changes, and thus the needs, scope and aims of the changes introduced in Polish law of succession since 1990. These amendments should provide an overview of Polish law of succession and its trends over the past thirty years. Finally, the latest draft amendment to the forms of special wills and the scope of changes it provides for will be mentioned.
Il Contratto Di Fiducia Nel Nuovo Codice Civile Romeno. Precisazioni Terminologiche
Il Contratto Di Fiducia Nel Nuovo Codice Civile Romeno. Precisazioni Terminologiche
(The Fiducia As Contract In The New Romanian Civil Code. Terminological Clarifications)
- Author(s):Petruţ-George Bran
- Language:Italian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:311-322
- No. of Pages:12
- Keywords:fiducia; assets; trust; common law; equity
- Summary/Abstract:The fiducia contract is regulated in the recently adopted New edition of the Romanian Civil Code (2009/2011). This is a novelty in comparison with the older version. The name of this type of contract is taken from the Latin legal language of Roman tradition, and the model adopted by the Romanian legislator is French, as the institution itself was recently (2007) introduced in the French Civil Code. However, as the content is inspired by the Anglo-Saxon trust, some terminological clarifications are necessary.
The Challenge Of Case Law Of The Court Of Justice Of The European Union On The Regulation Of Commercial Transactions
The Challenge Of Case Law Of The Court Of Justice Of The European Union On The Regulation Of Commercial Transactions
(The Challenge Of Case Law Of The Court Of Justice Of The European Union On The Regulation Of Commercial Transactions)
- Author(s):Zhana Koleva
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
- Page Range:323-332
- No. of Pages:10
- Keywords:case law; commercial transactions; European Law; Commercial Law; European Union (EU)
- Summary/Abstract:Relevant for the study is Directive 2011/7/EU on combating late payment in commercial transactions1. On one hand, the regulations are liberal as they provide free access to the EU internal market and equal treatment of all participants there. On the other hand, they provide high protection of creditors` rights. The Directive does not harmonize fully all the rules relating to late payments in commercial transactions and Member States may adopt different ones. Nevertheless, the new rules must be settled in favor of creditors. However, in accordance with the principle of equality and uniform application of EU law, the concepts of the Directive are autonomous and should be interpreted uniformly in all Member States. This challenges national doctrine and practice and changes long-standing traditions and concepts.
Changes In Passenger Transportation Law On A National And Regional Level In Bulgaria
Changes In Passenger Transportation Law On A National And Regional Level In Bulgaria
(Changes In Passenger Transportation Law On A National And Regional Level In Bulgaria)
- Author(s):Teodor Kazandzhiev
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
- Page Range:333-345
- No. of Pages:13
- Keywords:passenger transportation; amendment of legal acts; Roman law; Common Law Commercial law
- Summary/Abstract:Frequent amendments of laws and ordinances often cause problems in their application and interpretation. It is no different for the acts which regulate the transportation of passengers. The article aims to find a solution to these issues and attempts to answer the question: “How often should a legal act be changed in order to keep up with social and legal changes and without becoming unclear?” A comparison is made to Roman law, where amendments were seldom implemented, and to Common Law, where certain regulations have remained unchanged for a substantially long period of time which highlights the importance of balanced and well-prepared amendments. The importance of the discussed issue goes beyond the strict framework of Commercial or Roman Law. Nonetheless, the focus is on passenger transportation law, which is regulated by a multitude of laws, ordinances and various other legal acts.
How Recent CJEU Rulings Changed The Football Reality In Europe?
How Recent CJEU Rulings Changed The Football Reality In Europe?
(How Recent CJEU Rulings Changed The Football Reality In Europe?)
- Author(s):Kristian Raychev
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:346-369
- No. of Pages:24
- Keywords:EU competition law; free movement of workers; private sports regulation; FIFA; UEFA; transfer system; Court of Arbitration for Sport (CAS); effective judicial protection
- Summary/Abstract:In the period between December 2023 and August 2025, the Court of Justice of the European Union (CJEU) delivered a series of judg-ments that substantially reconfigured the legal framework governing profes-sional football in Europe. In European Superleague Company (C-333/21), Las-sana Diarra (C-650/22), and Royal Football Club Seraing (C-600/23), the Court recalibrated the balance between the autonomy of sport and the require-ments of EU law in the fields of competition, free movement, and effective judicial protection. This article examines how, taken together, these three judg-ments constrain the regulatory discretion of FIFA and UEFA by imposing re-quirements of transparency, proportionality, and judicial review in areas that have traditionally been governed through private-law sports regulation. Partic-ular attention is devoted to the Diarra judgment and to FIFA’s subsequently adopted Interim Regulatory Framework amending the Regulations on the Sta-tus and Transfer of Players (RSTP), assessing whether that framework sub-stantively complies with the reasoning of the CJEU or instead merely seeks to mitigate the immediate effects of the ruling. In conclusion, the article advances the thesis that European football is entering a phase of “controlled autonomy,” in which private sports governance remains legitimate only insofar as it oper-ates within a legally contestable framework compatible with market principles.
