Съгласието на притежателя на търговска марка за използването ѝ от трето лице – значение и последици

Author(s): Alexandra Semerdjieva / Language(s): Bulgarian Issue: 4/2016

This study explores the meaning of the term "consent to trademark use" when consent is given by the trademark owner to a third party. The courts' contradictions on the interpretation of this term are indicated and arguments are brought forward in support of the view that owner's consent may not necessarily be in the form of a license agreement. Other possible forms of consent falling within the scope of meaning of the examined term are discussed.

„Европа 2020“ и трудовият договор за обучение по време на работа

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 4/2016

Lifelong learning as a priority of the “Europe 2020” strategy is reflected and successfully implemented in the employment contract with a clause for training during the process of work. After the March 2014 legislative amendments to the Labour Code the scope of this contract was doubly extended with the creation of a legal opportunity through which professional retraining of the workforce can be pursued. Thus preconditions are created for increasing employment quality jobs allowing the Republic of Bulgaria to achieve the objectives of “Europe 2020”.

Нелоялните търговски практики от търговци към потребители в решенията на СЕС

Author(s): Dimitar Dekov / Language(s): Bulgarian Issue: 4/2016

This article aims to explore the practice of the European Court of Justice on the interpretation of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market. In the eight years of application of the Directive CJEU 18 preliminary rulings from ten Member States have been initiated and completed. The article analyzes the types of questions made by different Member States.

Юридическа книга за държавните символи

Author(s): Emilia Drumeva / Language(s): Bulgarian Issue: 4/2016

Българското председателство на Съвета на ЕС в контекста на POST BREXIT

Author(s): Jasmine Popova / Language(s): Bulgarian Issue: 1/2017

The EU Council Presidency is one of the most important and substantial functions for each Member State by virtue of its appurtenance to the Union. It is an essential element of the legislative process in the EU, whereby, within a specified period of time, a Member State plays a role bigger than the other, and this process is spearheaded, coordinated and guided by its national administration. This article aims to present some issues, opportunities and challenges related to the preparation of Bulgaria for chairing the Council of the EU during the period January 1st – June 30th 2018, taking into consideration the decision of the United Kingdom to proceed to withdraw from the Union in accordance with the outcome of the EU membership Referendum of June 26th, 2016. The article systematically analyses the essential features of the EU Council Presidency, its basic functions, agenda and priorities, highlighting the leading role of the "Troika" in the whole process. Also analysed are the characteristics of the parliamentary dimension of the Presidency of the Council. Special attention is paid to the different risks and challenges both of internal or international nature facing the Bulgarian Presidency, including the forthcoming Brexit negotiation, expected to begin and to conclude during the mandate of the “Troika” of Estonia, Bulgaria and Austria.

Предоставяне на информация при разпространение на основаващи се на застраховане инвестиционни продукти

Author(s): Jivka Stoilova-Nikolova / Language(s): Bulgarian Issue: 2/2017

The article examines the changes in EU law related to retail investors protection which determined the adoption of new regulations with regard to pre-contractual information presented to retail investors in investment and insurance products. The basic requirements provided by Regulation (EU) No 1286/2014 on key information documents for packaged retail and insurance-based investment products are highlighted.

Гаранционната функция на капитала в светлината доброто корпоративно управление

Author(s): Atanas Petrov / Language(s): Bulgarian Issue: 2/2017

In corporate law the term capital is related to a specific category of companies, defined by the Commercial act as capital companies. Its nature and meaning have been widely examined in the doctrine; nevertheless, there are debatable issues, which continue to attract interest. Such is the the guarantee function of the capital – its existence, significance and scope. After the examination and clarification of the term capital and its significance, the article examines its guarantee function in the light of the Corporate governance rules by stating arguments supporting the broadening of its scope beyond the creditors of the company.

Запрещението в практиката на Европейските конституционни съдилища

Author(s): Radoslava Yankulova / Language(s): Bulgarian Issue: 3/2017

The UN Convention on the Rights of Persons with Disabilities is not the first international document that deals with the legal status of people with disabilities. What is revolutionary is that the Convention challenges stereotypes about people with intellectual disabilities or mental health problems established in the public mind by presenting them in a qualitatively new light - as active holders of rights. The states - parties to the Convention are expected to develop laws and policies to replace the mechanism of substituted decisionmaking with supported decision-making. Driven by the desire to speed up the implementation of the commitments of the Republic of Bulgaria following from the ratification of the CRPD, in 2014 the National Ombudsman appealed to the Constitutional Court for revocation of the relevant texts of the Persons and Family Act. The aim of this article is to analyse the decision issued by the Bulgarian Constitutional Court in comparison with the practice of other constitutional jurisdictions of Central and Eastern Europe in identical disputes about the constitutionality of the legal guardianship regime.

Кауза при менителничните сделки?

Author(s): Margarita Balabanova / Language(s): Bulgarian Issue: 3/2017

Subject of the study are the controversial issues in the doctrine and practice regarding the nature of the cause. The issue of the presence or absence of a cause in the so called "abstract transactions” is placed under discussion. The article also addresses a number of procedural issues, related to the presence of cause in the transactions in negotiable instruments. Furthermore the mandatory court practice related to the issues discussed has been researched and systematized.

State Action Doctrine – отговорността на държавата за въвеждане на антиконкурентни споразумения или решения в националното право

Author(s): Rashko Stoyanov / Language(s): Bulgarian Issue: 4/2017

Ensuring the smooth functioning of the European Union's internal market is one of the most important objectives set out in the Treaties. In this direction, however, efforts at Union level alone are not enough to achieve it. Member States also play their role, which, among other things, takes the form of a duty of sincere cooperation with the Union, enshrined in Article 4 (3) of the TEU. One of its applications is in relation with Article 101 (1) TFEU which covers the anticompetitive behavior of undertakings. On the basis of these provisions, the Court of Justice of the EU has established case law – state action doctrine, under which Member States are obliged to refrain from introducing or maintaining in their national law anticompetitive agreements between undertakings or decisions by associations of undertakings which may deprive the rules of competition in the EU from their effectiveness.

Свободно движение на официални документи в Европейския съюз

Author(s): Vassil Pandov / Language(s): Bulgarian Issue: 4/2017

On 16 February 2019 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 will become applicable. The Regulation aims to assure the free circulation of certain official documents in accordance with the principle of mutual trust and in order to promote the free movement of persons within the European Union. The Regulation steps back from the wide proposed scope of the project as set in the Green Paper and the Proposal for Regulation of European Commission. It is not envisaged to really insert the method of recognition of civil status of natural persons in the machinery of European Private International Law, thus leaving it open to the discretion of European Court of Justice to rule out in future cases of discontinuity of personal relationships of European citizens.

Публичност на вписването по българското вещно право

Author(s): Ivaylo Vasilev / Language(s): Bulgarian Issue: 4/2017

This article analyzes the nature of the principle of publicity of registration under Bulgarian property law. Conflicting views on its solution are present in the legal doctrine and court practice of the Supreme Court of Cassation. Such views refer to some aspects of the following hypotheses considered through the prism of registration: - goodwill of holder; - intentions of coheir in sole owner title for inherited real estate; - start of the term to exercise the redemption right; - goodwill of buyer with responsibility to evict; - start of term under art. 305, par. 1, cl. 1 of Civil Procedures Code. The purpose of this study is to present conflicting opinions in the light of specific hypotheses for entered acts, to give proposals for solution and on the grounds of the above, in conclusion, to give priority to one of the opinions.

Имуществена отговорност във връзка със сделки на капиталовите пазари, сключени при невярна информация

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1/2018

The article analyses the problem about the liability by the emission of securities, the liability of stock brokers and regulatory authorities for damages, caused to the investors on the capital markets. The problem is not good resolved in our current law ant this is one of the reasons for the lack of practice on this field. Usually the investors may be damaged as a result of badly worked out prospect by its issue or untruth and unprofessional consultation given by the stock brokers, whose main function is to give a good advice to their clients.

Договорът за забрана на ядреното оръжие от 2017 г. и (не)добрите перспективи за ефективно ядрено разоръжаване

Author(s): Angel Georgiev Anastasov / Language(s): Bulgarian Issue: 1/2018

The new Treaty on the Prohibition of Nuclear Weapons as a powerful response by the majority of non-nuclear weapon state to the growing risks posed by nuclear weapons has been analysed. A critical assessment of this legal instrument has been made. The views of nuclear states on the new treaty, which has a major role to play in the international regulation of nuclear disarmament, has also been explored.

Въпросът за конституционния контрол в България 1879-1947 година

Author(s): Kostadin Paev / Language(s): Bulgarian Issue: 2/2018

The issue of constitutional control during the functioning of the Turnovo Constitution has not been studied in its entirety. The object of a study have been only a separate aspects of it. The present publication aims to trace this problem in historical and comparative perspective from the time when the draft of the first Bulgarian Constitution was created, until the adoption of the 1947 Constitution and the establishment of totalitarian rule in Bulgaria.

За срока на отказ от договора за животозастраховане

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 2/2018

In the article for the first time the problem about the legal regulation on the right of the insured to refuse the contract for life insurance, which has been regulated in the Code of Insurance, in force from 2016, is an object of discussion. Our parliament has accepted the requirements containing in the Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (Text with EEA relevance), that gives the insured person the right to refuse the contract of life insurance in a period of 30 days, which begins on the day followed the day of conclusion the contract. But in accordance with the Bulgarian law the beginning of this deadline doesn’t depend of the fulfillment of the duty of the insurer to inform the insured about this right opposite to the rules of the Directive. This is the reason why the article analyses the Bulgarian law in the light of the law of the European Union and the cases of the Court of the European Union.

Особености на договора за застраховка „Живот”, свързана с пенсионните фондове

Author(s): Jivka Stoilova-Nikolova / Language(s): Bulgarian Issue: 2/2018

The article examines the legal characteristics of the unit-linked life insurance contract, some specific features upon its conclusion and the subjects of the insurance relationship according to the Bulgarian legislation.

Отношението на децата към религията

Author(s): Bogdan Rusev / Language(s): Bulgarian Issue: 2/2018

The article explores the child as a subject of the right of religion and the participation of parents in its realization. Emphasis is placed on the necessity of balance the views of the parents, the wishes and the best interests of the child. It`s paid attention to the possibility of intervention by public authorities and courts in these relations, and also to the place of religion in the educational process.

Управление на дейности по опазване на морската среда по вторичното европейско право: актуални проблеми

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 2/2018

This scientific study is dedicated to the management of activities for protection of the marine environment under secondary European law. Its actuality is determined by the increasing degradation of the state of the marine environment on a global level. The attention is paid to two groups of regulations of the European Union, and especially: a) related to the establishment of bodies with management or consultative functions; and b) with more general meaning for the state of the marine environment. Finally some general conclusions and recommendations are given from the examined regulation.

Преюдиция на правораздавателния акт в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 2/2018

Subject of the study are the issues of the independence of the judicial authority and the essence of the judicial decision. The decisive signs of the decision are considered: legality and justification. One of the effects of the material legal force - this is the prejudice. It establishes the objective connection between civil and administrative cases in patent infringement disputes (as well as other industrial property objects). A case law of the Court of Justice of the European Union has been brought in causes of prejudice request by the Sofia City Court. The relationship between prejudice and presumption is clarified.