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Transaction Costs and Institutional Change of Trade Litigations in Bulgaria

Author(s): Shteryo Nozharov,Petya Koralova Nozharova / Language(s): English Issue: 3/2018

The methods of new institutional economics for identifying transaction costs of trade litigations in Bulgaria are used in the current paper. The main purpose of the model is to be forecasted the rational behaviour of trade litigation parties in accordance with the transaction costs in the process of enforced execution of the signed commercial contract. The implementation of the model is related to the more accurate measurement of transaction costs on microeconomic level.

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RIFLESSIONI SUL RAPPORTO TRA DIRITTO ROMANO (DIRITTO BIZANTINO) E LO SVILUPPO DEL DIRITTO PRIVATO (CIVILE) IN BULGARIA

Author(s): Gábor Hamza / Language(s): Italian Issue: 2/2016

In the presented report at the First international Balkan conference are examined the influence of the roman law on the Bulgarian law of the First Bulgarian empire through the byzantine legal sources and also the influence of the roman law on the new private law of the Third Bulgarian kingdom through the codifications of the Western legal systems.

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THE BEGINNINGS OF THE ROMAN LAW STUDY IN MODERN SERBIA

Author(s): Valentina Cvetković-Đorđević / Language(s): Bulgarian Issue: 2/2016

The process of reception of Roman law, primarily doctrinal, and then normative, started very late in Serbia and was hampered by a number of reasons of the economic, political and human resources nature. The beginnings of the Roman law study in Serbia are connected to the Lyceum in Belgrade. Turning point was the year 1842 when Jovan Sterija Popović proposed to the Ministry of Education introduction of the Roman law course. However, tradition of deeper studies of Roman law in Serbia began in 1850 when Rajko Lešjanin came to Lyceum. He was the founder of the Serbian Romanistics because he wrote the first textbook on Roman law in Serbian which was named „The Institutions of Justinian's Roman Law". After initial uncertainty and very brief absence of Roman law from the curriculum at our first Law school, mainly due to lack of connoisseurs on this rare and demanding discipline, soon no one even wondered whether Roman law was necessary as a subject.

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FURTUM AND SOME RELATIONS WITH INIURIA

Author(s): Ognjen Vujović / Language(s): English Issue: 2/2016

What is necessary to make Roman law researches more attrac-tive to today's generation? It seems that they may be as topical as the author is capable of providing certain incentives interpretation of problems nowadays through the antique examples. This requires the strong reliance on anthropology. Precisely these theoretical insights may offer new incentives to positive law ex-perts. This is the only way to prove and justify universality of Roman law. Each phenomenon should be studied from its source (from the beginning), as well as the institutions of Roman law. In regards to this matter, I will try to explain the connection between furtum and plagium.

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ИВАН АЛЕКСАНДРОВИЧ БАЗАНОВ, ПРОФЕССОР ОТ ТОМСКИЯ И СОФИЙСКИЯ УНИВЕРСИТЕТ

Author(s): Daniil Tuzov / Language(s): Bulgarian Issue: 2/2016

The article presents the personality and creativity of Prof. Ivan Aleksandrovich Bazanov - Professor of Roman Law at the universities of Tomsk (Russia) and Sofia. He has made a significant contribution to the teaching of Roman law in Bulgaria in the period 1920-1943 and was the author of one of the first textbooks of Roman law in Bulgarian in two volumes.

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АСПЕКТИ НА ПРАВОТО В ЮГОИЗТОЧНА ЕВРОПА – ПРИЕМСТВЕНОСТ И ОРИГИНАЛНОСТ

Author(s): Rumen Cholov / Language(s): Bulgarian Issue: 2/2016

The article reproduces an extended report under the title "Aspects du droit Sud Est Européen - continuité et originalité", published in "VIe Congrès International d'études du Southeast Europe", Sofia, 1989, p. 40-48 The author presents the four possible guidelines of the reception of Byzantine law in Slavic feudal countries in Southeast Europe - by translating the most important laws, by adopting the regulation of only some legal institutes or norms, or by redrawing foreign law, by taking only the idea or approach but normative the con-tent is invoked by the legislator according to his own assessment of the public need.

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ПРЕПОДАВАНЕТО НА ЛАТИНСКИ ЕЗИК В ЮРИДИЧЕСКИТЕ ФАКУЛТЕТИ

Author(s): Maria Kostova / Language(s): Bulgarian Issue: 2/2016

The article is devoted to teaching Latin in law faculties. Latin-language knowledge is important to students because the basis of modern law is Roman law and its institutions. Many terms and principles, e.g. in modern law of contract are Latin. The article also draws attention to the fact that Latin language teaching in the law faculty has some specificities and differences from Latin teaching in philological faculties.

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ОСИНОВЯВАНЕТО НА ОКТАВИАН ОТ ЦЕЗАР – ЕДНО ПОЛИТИЧЕСКО ОСИНОВЯВАНЕ ЧРЕЗ ЗАВЕЩАНИЕ?

Author(s): Salvador Ruiz Pino / Language(s): Bulgarian Issue: 1/2015

Upon his return from Spain on September 13, 45 BC, Guy Julius Caesar made his will. In it he announces the adoption in familiam nomenque of Guy Octavian. Caesar died on March 15, 44 BC. At that date, Octavian does not yet know that he was named heir and was adopted by Caesar. When he was informed of Caesar's death, Octavian made a decision to accept the will and change the course of Roman history.

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ЖЕНИТЕ В ЕПОХАТА НА АВГУСТ. ЕДНА МОНОГРАФИЯ ПО ПОВОД ДВЕХИЛЯДОЛЕТНИЯ ЮБИЛЕЙ

Author(s): Gema Polo Toribio / Language(s): Bulgarian Issue: 1/2015

The article of prof. Gema Toribio tries to represent Roman women as they looked before 20 centuries. The women of Rome were sophisticated, most of them highly moral, having a several virtues, which can be an example for us today – honor, dignity, integrity, devotion etc. Some of them were characterized by stoicism and wisdom like Atia (mother of Octavian). Others by political flexibility like Servilia (mother of Brutus). Third were distinguished with their conservativeness like Scribonia Libo (wife of Augustus), who jealously defend the Roman traditions and rituals. Fourth, became popular with their cunning and cruelty – like Livia (wife of Augustus), or with obedience, intelligence and patriotism, as was Octavia (or also named Antonia-Junior – daughter of Marcus Antonius). Fifth, were characterized with progressiveness of their time and more intimate experiences like Claudia Pulchra Major (wife of Brutus). Others, like Agrippina Major and her daughters Julia and Agrippina Junior – with fatal croups to gain a political power. Helvia (mother of Lucius Annaeus Seneca) – with her pride, free spirit and devotion to her nation. The whole palette of female morality, which is presented in the article, cannot be covered at once, but one Is certain – the image of the woman in Ancient Rome awakens charm and is a cause for admiration until now.

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CURA MINORUM В ЕПОХАТА НА ПРИНЦИПАТА

Author(s): Marija Ignjatović / Language(s): Bulgarian Issue: 1/2015

In the first period of the development of Roman law, the role of tutors was very significant and the expression ius vitae ac necis could be used to describe it. With the passage of time, as the state organization was becoming more developed and the state control was becoming more prominent, tutors lost their right to manage assets of pupila, and they could only watch over it as a property manager. Thus, an important step in the development of the institution of guardianship (cura) was made, and, in this period, its sole purpose was to provide protection for persons who could not take care of themselves, because of their immaturity or certain disabilities, and who were deprived of parental care due to particular reasons. In the direction of further development of this institution, the classical period in the development of Roman law is especially important. In this period, the scope of authority of tutors/guardians was expanded, and, at this point, they also became custodians of property and personality of pupila, and it was specifically requested from guardians to provide in advance all means which were necessary to preserve the assets of their pupila. This became especially prominent when the principle ius representationis was introduced, which shaped the role of tutors/guardians entirely, providing legal security within guardianship.

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ПОНЯТИЕТО ЗА ДОГОВОР СПОРЕД МАРК АНТИСЦИЙ ЛАБЕОН

Author(s): Vasil Aleksandrov / Language(s): Bulgarian Issue: 1/2015

The article examines issues of Labeo's doctrine for the contract. The introduction is a brief discussion of the personality and life of the Roman jurist. Also the author has attempted to put those political and social events in Roman society, from this period, which he said contributed to the formation of Labeo's concept for which the author made a more general, but not define conclusion - for the formation of legal theory. Then the author has brought the legal, historical and philological arguments for one or another thesis to the problem as mentioned and discussed relevant sources. At the relevant parts of the text were made interim conclusions. Then at the end of each part the author makes general conclusion – rejecting or accepting certain arguments and conclusions about "actum", "gestum" and "contractum". In the article are also examined two important issues – the cause (causa) and unnamed contracts (contracta innominata) from the position of actio praescriptis verbis. At the very short end there is a brief conclusion in the spirit of the era with a quote from Cicero.

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РУМЕН ЧОЛОВ – КОЛЕГАТА И УЧИТЕЛЯТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2016

Assoc. Prof. Dr. Rumen Cholov takes the discipline of Roman private law into a very difficult period for the roman department of law faculty. After the death of Prof. Mikhail Andreev, he was the only person who inherited the important legacy of the Roman tradition that Mikhail Andreev left behind. However, the great responsibility he takes does not slow him down but help him to show his full potential. His rich intellectual knowledge, combined with the ability to present them in a understandable way, made Assoc. Prof. Professor Rumen Cholov, one of the most beloved people that the Faculty of Law of Sofia University St. Kliment Ohridski has had and will always have.

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ОТГОВОРНОСТТА НА ПРОДАВАЧА ЗА ЕВИКЦИЯ В СЛУЧАЙ НА ПОСЛЕДВАЩА ПРОДАЖБА В КЛАСИЧЕСКОТО РИМСКО ПРАВО

Author(s): Hans Ankum / Language(s): Bulgarian Issue: 1/2016

The article is devoted to the responsibility of the seller in case of eviction, which I have been dealing with since 1979 and for which a new reflection, on aspects of which I have not yet treated, can lead to partially new results. In this study I will approach, in the context of classical Roman law, the following case: A sells a thing to B and transfers the possession to him, the latter alienates the thing to C. The most frequent case has undoubtedly been that where B (first buyer and second seller) sells that thing to C and he transfers ownership. I will focus on the case of two successive sales. I will add only a few remarks on the cases in which the alienation made by B was a donation or a datio dotis. In this case the questions that were asked of the classical jurists were: Can B have an action against A and, if so, what action is it, under what conditions can he proceed and what can he do? What can he asks? The legal relationship between A and B is decisive here. Three actions were possible, actio de auctoritate based on a mancipation, actio ex stipulatu based on stipulatio evictionis, finally actio empti based on a contract of emptio venditio. The answers to the questions I just asked were largely different for these three actions.

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ПРАВНАТА СДЕЛКА: ВЪВЕДЕНИЕ, НАУЧЕН И ТЕОРЕТИЧЕН ПРЕГЛЕД СЪС СПЕЦИАЛНА ПРЕПРАТКА КЪМ СЪЧИНЕНИЯТА НА EMILIO BETTI

Author(s): Juan M. Alburquerque / Language(s): Bulgarian Issue: 1/2016

The critical view, shared by some researchers, made it necessary to give a more complete and detailed outlook to some theoretical achievements, connected to the nature of the legal contract, which were considered to be entirely accepted and established within the legal doctrine up until recently. In its first part the article presented makes a critical analysis of the common theoretical opinions in the field of Roman law and also goes it depth into the viewpoints of some of our pioneer researchers and teachers, yet also includes some thoughts upon the newest scientific trends. Then the author presents the different scientific positions, connected to the topic of the legal contract, with specific attention to the works of Emilio Betti, Vittorio Scialoja and Ursicino Alvarez Suarez. In its conclusion the author summarizes both the differences and the similarities in the opinions of these researchers, while keeping in mind Betti's idea about the development of the theory of legal contracts through the historical-dogmatic method.

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ДОГОВАРЯНЕТО В РИМСКОТО ПРАВО: ИСТОРИЧЕСКИ ФЕНОМЕН И МЕТАЮРИДИЧЕСКИ МОДЕЛ. БЕЛЕЖКИ ЗА CAUSA CONTRACTUS

Author(s): Antonio Palma / Language(s): Bulgarian Issue: 1/2016

The title of this Article (La negozialità romana: Fenomeno storico e modello metastorico. Note sulla causa contractus) is the paradigm of the reflection about the Roman contracting, complex phenomenon that modern studies, by building on the previous and secular experience, have transposed considering the specificity and Roman specialties and of his significant heuristic value. In the following pages we deal 'again' with the theme of negotialità, elusive figure, in an attempt to interpret, concretely, about the historical and legal research, the needs of a methodological renewal that penetrates the ancient sources and raises a tool that offers the features of a largely unstructured system, in which are found attempts at classification and theorizing, significant since the first century. A.D., useful to the modern interpretation of the contract. The Author uses research tools that consider the dialectic between the lexicon of negozialità and linguistic system developed in case law, just to emphasize the concrete dynamism of a polysemic term, such as the cause. In obedience to the status of investigations, will retrace the evolutionary stages of the western Romanistic doctrin thought, from the nineteenth century, about a concept, which, although in different projections, expresses a unitary core which is represented by a function specifically identifying/generative of obligation; is analyzed with the help of sources (50.16.19 D. and D. 2.14.7 pr. - 4) the origin of the concept, the jurisprudential debate up to the integration of the two concepts of causa and sunallagma.

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TABULAE POMPEIANAE 13 И 34: ДВА ДОКУМЕНТА, ОТНАСЯЩИ СЕ ДО МОРСКИЯ ЗАЕМ

Author(s): Gianfranco Purpura / Language(s): Bulgarian Issue: 1/2016

Despite the recently renewed interest towards the subject of the maritime loan in Roman law, there are still unclear details in connection to its origin and the structure of the contract – or more precisely to the question whether it was possible to add pecunia traiectitia cum poena (the primary penal stipulation) or the less frequently used pecunia traiectitia sine poena (a stipulation valid solely for the interest and only sometimes for the loan itself). This ambiguity comes from the lack of reliable sources, giving us information about this particular contract, the main ones being two texts from the Digestae and the Codex respectively (D. 22.2 and C. 4.33), as well as a single papyrus (PVindob. Gr. 19792) from 149 AD. This subject can be researched mainly through comparison with the Greek law and examination of its influence on Roman law, since the Greek model for the contract of loan was widely spread throughout the whole Mediterranean. However, while conducting such a research, one should also keep in mind the independent development of these two legal systems.

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"CUSTODIA", "RECEPTUM" И ДОГОВОРНАТА ОТГОВОРНОСТ. ЕДНО ПРЕПРОЧИТАНЕ НА ДОГМИТЕ НА ГРАЖДАНСКОТО ПРАВО В СВЕТЛИНАТА НА КАЗУИСТИЧНИЯ РИМСКИ МЕТОД

Author(s): Carlo Peloso / Language(s): Bulgarian Issue: 1/2016

The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

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НЕОГРАНИЧЕНАТА ОТГОВОРНОСТ ПРИ УПРАЖНЯВАНЕТО НА ТЪРГОВСКАТА ДЕЙНОСТ КАТО ОСНОВНО ПРАВИЛО В РИМСКОТО ПРАВО

Author(s): Maria Antonietta Ligios / Language(s): Bulgarian Issue: 1/2016

The article presents how the unlimited liability of the trader (institor) in Roman law depends on the precise definition of the circle of his rights and obligations in connection with it's commercial activities and publicity through proscriptio those rights set out in praepositio.

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ЗА NEGOTIATIORES И ТЪРГОВИЯТА В ЗАПАДНАТА РИМСКА ИМПЕРИЯ

Author(s): Rosalía Rodríguez López / Language(s): Bulgarian Issue: 1/2016

The new Empire, broken away from the ancient Roman Empire, loses its ' dynastic ' legitimacy, despite being the origin of the civilization and the Roman power; so that the glory of the Latin heritage is assumed by the Eastern Empire which proclaims itself the "nova Rome". Moreover, several factors converge in the Late Empire unifying broadly the problems of the market and the different commercial operators. However, facing the evident deterioration of commerce, the cities and the communications, the emperors of the Western roman will dictate protective measures of market activity and the maintenance of ethical principles in business.

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ПРИНЦИП НА НЕОТМЕНИМОСТ НА ПРОДАЖБИТЕ, ИЗВЪРШЕНИ ОТ ДАНЪЧНИТЕ ВЛАСТИ

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2016

Abstract: The aim of the present study is the analysis of the imperial legislation, which stipulates the principle of the irrevocability of the sale carried out by the Treasury, even if the translatio dominii doesn't go with the traditio, provided that the buyer had paid the price of the sale sub hasta.

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