Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения

Author(s): Ekaterina Mateeva / Language(s): Bulgarian / Publication Year: 0

The present article examines the role and importance of ‘soft law’ sources for the regulation of international commercial and civil relations in the contemporary world. Object of study are different types of optional instruments, such like Model Laws, Principles, Uniform Rules etc. prepared by UNCITRAL, UNODROIT, ICC and other international organizations. They provide a pattern that law-makers in national governments can adopt as part of their domestic legislation on private law. These rules are not enacted as legislation and therefore not binding in nature, but they could be selected by parties as part of their contract. Under analysis are also the Principles of European Contract Law (PECL), Principles of European Tort Law (PETL), Principles of European Family Law (PEFL), Principles of European Insurance Contract Law (PEICL), as well as the Draft Common Frame of Reference (DCFR) and their importance for the future European Civil code.

РОЛЯТА НА RESPONSA НА РИМСКИТЕ ЮРИСТИ В DISPUTATIO FORENSIS В РИМСКАТА ГРАЖДАНСКА ОБЩИНА ПРЕЗ V–I В. ПР.Н.Е.

Author(s): Leonid Kofanov / Language(s): Bulgarian / Issue: 2/2015

The article notes that according to Pomponius after the year 280 BC due to Tiberius Coruncanius Roman jurists began to give answers publicly on the Roman forum. The same Pomponius says about the custom of jurists discuss the Law in the forum, which existed already in the V century BC. These public discussion of the law projects, of candidates for magistratus and judicial incidents took place at three folk gatherings (contiones) in the period of trinundinum - three market days or «30 legitimate days» (XXX iusti dies), specially allocated for such a discussion. Roman jurists on such contiones gave their concerted answers which have the force of law. In the archaic period these were the answers of priests (pontiffs, augurs and fezials), in whose hands was the whole law. In the II-I centuries BC. in connection with the development of secular jurisprudence, the role of the plebeian tribunes guide discussions on folk gatherings and, accordingly, of the plebeian jurists - Roman horsemen – was increased. The author also notes that the most important information about disputatio forensis of jurists contained in the treatises of Cicero and Quintilian about the oratory. In conclusion, a conclusion is made that the Roman jurisprudence developed not in the quiet of libraries and offices of scientists, but in stormy discussions of the Roman forum.

Ролята на арбитража при разрешаване на спорове между франчайзодател и франчайзополучател

Author(s): Nikolet Stefanova / Language(s): Bulgarian / Issue: VIII/2013

Ролята на благотворителните фондове при защитата на недвижимото културно наследство в Италия: „Държавноориентираният“ модел срещу алтернативните решения, основани на частната собственост

Author(s): Letizia Casertano / Language(s): English / Publication Year: 0

This paper’s main objective is to identify the key role that alternative regimes based on integration and cooperation between public regulatory authorities and private property could play within the context of protection and enhancement of cultural property. In this regard, The National Trust in the United Kingdom has inspired innovative solutions all around the world, including also Italy where foundations are taking on an increasingly important role in the protection of immovable cultural heritage, in parallel with the broader consensus regarding the participation by the private sector at different levels. Due to insufficient public funding and infrastructure in this area, the involvement of the private sector is crucial, and this in turn calls for the implementation of virtuous regimes governing cooperation between public and private institutions.

Ролята на българското обичайно наказателно право след Освобождението

Author(s): Neli Radeva / Language(s): Bulgarian / Issue: 1/2019

After the Liberation, the application of the Bulgarian customary criminal law was limited. It is asource of our criminal law along with the Turkish Criminal Law. Bulgarian customary criminal law makes certain adjustments in the Bulgarian legislation. The Bulgarian legislature also considers the rules of customary law.

Ролята на европейската прокуратура за разследване на престъпления, засягащи финансовите интереси на Европейския съюз

Author(s): Chavdar Groshev / Language(s): Bulgarian / Publication Year: 0

The article represents the genesis of the necessity of establishing one future authority, whose method of operation and unified approach towards criminal investigation and tackling with cross-border crimes would lead to effective prosecution and cooperation between Member Sates. The author analyzes Council Regulation (EU) 2017/1939 of 12 October 2017 that draws the conception of the structure and competence of The European Public Prosecutor’s Office. The article stresses on the material jurisdiction of the future authority, which includes criminal offences such as fraud, corruption or serious cross-border VAT fraud, affecting the financial interests of the EU/reffered to in Directive (EU) 2017/1371/, with the open possibility of extending this jurisdiction in the near future. Emphasizing on these concrete type of crimes is due to the fact that they are wide scale within the EU and the scope of the annual financial damages to the EU`s budged is broadening, according to different sources such as The Report on the Protection of the EU's financial interests, covering the year 2010. The author reveals the contrasting attitudes of the EU Member States,the majority of which support the idea of overcoming the difficulties and the restrictions that are generated by prosecution at local level, by establishing The European Public Prosecutor’s Office,whereas the other counties are disinclined to transfer sovereignty to another prosecuting authority beyond national borders. The aim of this article is to illustrate the functions and the coordination between the European Prosecutor and the European Delegated Prosecutors in accordance with the investigation and prosecution of crimes affecting the financial interests of the EU.

Ролята на конституционните съдилища в глобализиращият се свят – европейски перспективи

Author(s): Rayna Georgieva / Language(s): Bulgarian / Issue: 1/2018

Globalization in the economic relations is already a fact. In some fields social relations are way ahead of national legal regulation. More and more multinational corporations with a budget that the GDP of most countries emerge on the scene along with new threats to human rights. With this report I merely mark some of the basic touchpoints of the interaction between constitutional jurisdictions in Europe in particular with the global world order and I answer the question whether they are needed or their significance is fading. The topic could be of interest for the colleagues, who are writing in the field of EU law, International law and Constitutional law.

РОЛЯТА НА МЕДИИТЕ В МЕЖДУНАРОДНАТА СРЕДА

Author(s): Gergana Georgieva / Language(s): Bulgarian / Issue: 1/2019

This article explores international communications that often take place in the open and accessible media space in the absence of institutionalized channels. The media fill the communicative gaps in the international process, and in filling these gaps, they are different from conventional participants, mainly states, international organizations and even non-governmental organizations. What is unique is that the media have no definite institutional role in international relations and international law. The article also makes a distinction between hate speech, which is an indisputable violation of human rights and dignity, and propaganda that may be contemptuous but possibly subject to other non-legally binding instruments of acceptable international or national control such as agreements, standards or good practices.

Ролята на народните читалища за опазването на културното наследство – правни аспекти

Author(s): Ivan Karchev / Language(s): Bulgarian / Publication Year: 0

Preserving our cultural heritage has been of utmost importance through the years, regardless of the political and economic situation in the country. It is possible to assume that culture, in its most complete range of material and immaterial elements, is one of the pillars of one nation’s identity, both in its national and international aspects. Law is closely connected to public relations as far as our culture and cultural heritage is concerned. This is proved by the establishment of community centres – a unique form of Bulgarian cultural organization legally founded on freedom of civil communities and an act of charity. The present article is aimed at offering an explanation of the legal status of national community centres from their first appearance to modern days. Last, but not least, legal issues and offered for discussion along with proposed solutions in order for the community centres to function properly within the modern legal system. The public nature of such organizations, the need of their legal differentiation from foundations, associations and other NGOs by means of explicit legislation norms is emphasized. The material base, the economic activity of the community centres, the administrative burden their coordinators encounter is illustrated and the necessity for improvement in the future legislation is pointed out. Importantly, it has been almost a year since the community centres were included in UNESCO’s list for keeping good practices for safeguarding immaterial cultural heritage. In that regard, there is the necessity of state policy concerning the development of these purely Bulgarian cultural centres via good practices and the legal power of the local administration processes.

Ролята на националните парламенти според Договора от Лисабон

Author(s): Jasmine Popova / Language(s): Bulgarian / Issue: 2/2008

The article is dedicated on one of the substantial improvements on the existing EU primary law, which bring more democratic accountability to the Union and enhance its decision making process. It consists in a detailed description on the various mechanisms and new rights and competences of the national parliaments: the right to be informed in good time of all Commission legislative proposals, the introduction of an "early warning" mechanism in connection with compliance with the subsidiarity principle, the participation in the evaluation mechanisms for the implementation of the EU policies in the area of freedom, security and justice, the participation in the interparliamentary cooperation etc. The article is of interest for both the academic world, the Bulgarian MP's and the national administration.

Ролята на националните парламенти според Договора от Лисабон / 89

Author(s): Maria Valkanova / Language(s): Bulgarian / Issue: 2/2008

Recently genetics has been undergoing a significant revaluing and this makes it necessary to pay attention to some legal aspects in it. The article discusses some basic issues with regard to genetic research in terms of Bulgarian and foreign legal regulation. It pays attention to problems placed by genetic researches in the context of a person's human rights and its inviolability in the area of medicine with a view to research and the eventual elaboration of effective legislation.

Ролята на петициите в контекста на прилагането на правото на Европейския съюз

Author(s): Anna Adamova / Language(s): Bulgarian / Issue: 1/2017

One of the fundamental rights of every European citizen is the right to petition to the European Parliament under the TFEU. In the following research petitions are seen as a useful source of information for detecting potential violations and breaches in the implementation of EU legislation, as well as a useful tool for better assessing the impact that EU legislation has on people’s daily lives.

Ролята на полицията в борбата с домашното насилие и прилагането на Закона за защита срещу домашното насилие

Author(s): Krasimir Grigorov / Language(s): Bulgarian / Issue: 3/2008

The roots of domestic violence go back to ancient times and emerge with the formation of the family as an independent structure of coexistence between individuals. In the Arab world, and until now (we know that legislation is based largely on customary law), the spouse or the head of the family may have sexual, physical, let alone mental abuse and restriction on the personal freedoms of other members. to the family (if he catches his wife in infidelity, the husband may stone her and that is right according to custom and law).

Ролята на правната наука за развитието на Икономически университет – Варна

Author(s): Darina Dimitrova / Language(s): Bulgarian / Publication Year: 0

The need of legal science in all spheres of the public life, including the economics, has deep historical tradition. Before the opening of the first Bulgarian universities, Bulgarians strive to aquire legal knowledge in order to develop trade activity during the Renascence. The report/presentation/ analyzes the role of jurists, the legal science and the legal education in the long history of University of Economics – Varna. It examines their contribution for the training of highly qualified economic specialists and the development of the university as an approved educational and scientific institution.

Ролята на правото в съвременната икономика. Сборник доклади

Author(s): / Language(s): Bulgarian / Publication Year: 2017

The book is published as a result of a round table – project SPC – 200/2017, pursuant to contract for partial financing of scientific forum according to Regulation for the conditions and order of evaluation, planning, distribution and spending of funds from the state budget for financing of the inherent for the state higher schools scientific or artistic activity, promulgated State Gazette 73/16.09.2016, effective of 01.01.2017, adopted by decree of the Council of ministers №233/10.09.2016 г.

Ролята на решенията на Съда на ЕС за хармонизация на правото в областта на Данъка върху добавената стойност

Author(s): Svetla Kacharova / Language(s): Bulgarian / Issue: 1/2017

The paper is focused on recent CJEU case law on the guiding principle of VAT as a neutral tax set out in Directive 2006/112/EO and the Fundamental rights of the trader under VAT law and the Charter of Fundamental Rights in cases when the right of deduction is refused by the National Revenue Agencies.

Ролята на теорията на правото в европейската правна традиция и в България

Author(s): Dimitar Hanev / Language(s): Bulgarian / Issue: XVI/2017

Theory of law plays a significant part in the process of formation of modern legal systems in Europe for the last 150 years. The paper aims to present the commonalities and the divergences in the legal-theoretical tradition both in Europe and in Bulgaria.

Ролята на ценностите при формиране и развитие на правните институти

Author(s): Boyka Cherneva / Language(s): Bulgarian / Publication Year: 0

The article presents the legal institute as an element of socioculture in societies. The discussion is focused on the difficulties in defining legal culture, which is seen as an element of culture as a whole. Legal culture is understood in two ways: 1) the development of law as part of human civilization and 2) the art of the lawyer to apply the law.The article examines the institutionalization of values in law in order to explore the impact of socio-culture in building the legal institutes. The main conclusion is that the durability and flexibility of legal institutes as an element of the legal system is due to the influence of values as moral ideals on the content of law.

РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО

Author(s): Tewise Yurena Ortega González / Language(s): Bulgarian / Issue: 1/2020

From the point of view of family law, there is no doubt about the importance of the causes of disinheritance, which affect the relatives of the testator, as is inferred among others: CTh. 11.30.26, CTh. 4.4. 2.1, Marcianus in Inst. 6, D. 34.9.1 and Nov. 115. In this way, the article analyzes an institution whose roots are found in the compilation of Emperor Justinian and which has left its reflection in other sources we presente. The evolution and impact of the Roman legal system is traced not only to the unworthiness of inheritance, but also to the disinheritance, tracing the causes for this from the time of the Roman Empire in Fuero Real and Las Partidas until the current Spanish Civil Code, in which governs the modern system of inheritance. The significance of the jurisprudence, which led to a change in the interpretation of Article 756 of the Civil Code on the institution of the legitimate, was also discussed and the change that arose in the interpretation of Art. 853 Civil Code. Numerous Supreme Court decisions are also presented, in which not only physical and psychological abuse can be a reason for disinheritance, but also material and emotional abandonment or neglect of the minimum necessary care provided to the testator before his death.

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian / Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.