Юридическият терминологичен неологизъм „джендър“ в Истанбулската конвенция

Author(s): Rositsa Dineva-Karabadzhakova / Language(s): Bulgarian Issue: 1/2018

The article presents a theoretical analysis of the term “gender”, taken from the perspective of the gender theory. The inaccuracies in the meaning of the terms “gender” and “sex”, caused by the translation in Bulgarian, are assessed based on the complexity of their semiosis. The need to introduce the term is justified based on the legal neologism in the Bulgarian terminological legal system, in case of the occurrence of the future ratification of Istanbul Convention.

SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS

Author(s): Dragos Lucian Radulescu,Delia Mihaela Marinescu / Language(s): English Issue: 1/2021

The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.

INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 1/2021

The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.

Kredyt obarczony ryzykiem walutowym jako zagadnienie społeczne. Kilka refleksji na temat sytuacji kredytobiorców kredytów indeksowanych do CHF/denominowanych w CHF w kontekście zasady sprawiedliwości sensu largo

Author(s): Aleksandra Nadolska / Language(s): Polish Issue: 2/2022

The phenomenon of Swiss franc mortgages in Poland revealed the ineffectiveness of consumer rights protection and a misunderstanding of the EU idea of balancing consumer contractual rights and obligations towards the trader. The lack of a systemic solution to this issue has led to the fact that currently persons with debts in Swiss francs are in dispute not only with banks, but also with that part of the society which feel disadvantaged by the fact that contracts containing abusive clauses have become cancelled. The PLN borrower’s perspective does not take into account the key factors that determined this pattern of events (even while ignoring the fact that it is not the court’s ruling that makes the mortgage agreement invalid). This article presents and discusses the factors thanks to which the expansion of loans indexed with the CHF rate in 2004–2010 was possible. Based on this analysis, the author proves that unequal treatment of consumers in access to the credit services occurred at that time, and that currently pending litigation cannot take into account the principle of social justice, which does not include goods or services over which the state has no influence, when applying distributive mechanisms.

Abstract nature of demand guarantee as source of efficiency and risk of fraud

Author(s): Ana Cvetković / Language(s): English,Serbian Issue: 2/2017

Autonomy and abstractness of demand guarantee provide simple collection process where the bank cannot issue complaints towards beneficiary which, on the other hand, can be issued by the principal, acting as debtor, towards beneficiary. This specific characteristic of demand guarantee provides advantage of fast and efficient collection, but also brings the risk of fraud. In practice, demand guarantees are often identified as unconditional guarantees or conditional guarantees as documentary guarantees. Therefore, considering it as useful, this work covered some theoretical and practical facts of the demand guarantee, it further explained some terms and guarantee types and it explained Uniform rules for demand guarantees, legal relations and essential elements of demand guarantees as well as abuse during collection process. The aim of this work is to examine the characteristics and acceptability of the demand bank guarantee acting as security means regarding the non-performance of contractual obligations in real-time conditions. Conclusion of this work shows that, for a good reason, the demand guarantee is one of the most used security means regarding fulfillment of contractual obligations, because it provides fast and efficient protection to its beneficiaries, but on the other hand, the fraud possibility should not be overlooked, which must be acceptable ground for payment suspension.

Sprawozdanie z kursu „Local Self-Government and Fiscal Decentralisation in Europe”

Author(s): Gustaw Masznicz / Language(s): Polish Issue: 15/2022

РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.

ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2022

The article examines the real aspects of municipal property. It is indicated that the main reason for distinguishing municipal property as a separate type of property is the municipality as a legal entity and its peculiarities. It has been noted that the complex structure of the municipal body determines the need to designate different bodies to deal with municipal property - Municipal Council, mayor of a municipality, mayor of a district and mayor of a town hall. The issue of so-called "management" as a specific mechanism for redistributing rights and responsibilities in connection with the entrustment of municipally owned objects was examined. The specific methods for acquiring municipal property are specified, as part of its features.

The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

Author(s): Delia Mihaela Marinescu / Language(s): English Issue: 1/2022

The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.

Финансовото разузнаване като гарант за влизане в еврозоната

Author(s): Boyko Mitkov Petev / Language(s): Bulgarian Issue: 1/2020

Successful reforms depend on the stability of our financial system, as a result of accelerated economic development and increasing the efficiency of the activity of financial bodies and institutions, guaranteeing the shortest possible stay in the ERM II exchange rate mechanism and our adoption in 2023 in the club of the rich – the countries of the Eurozone.

Разплащане с криптовалути и блокчейн технологии като нови начини за избягване на данъци

Author(s): Atanas Lyondev / Language(s): Bulgarian Issue: 1/2019

The bitcoin is an innovative currency that is not regulated by governments like any other cryptocurrency. Cryptocurrencies can make payments very quickly and at almost no cost. One of the advantages of bitcoin is the fact that the virtual currency avoids the main problem inherent in conventional currencies, namely inflation. One of the big advantages is anonymity. Nobody knows how much bitcoin a person owns. It is also not known what transactions make and a new way to avoid paying taxes.

Юридически и неюридически аспекти на отговорността на управляващия

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 1/2022

The responsibility of the manager is a diverse, dynamic and challenging complex of multiple dimensions, the most visible of which are: the manager's responsibility as a duty; as a sanction; as a prevention; as a commitment; as a delegation and as a self-sacrifice. All the above dimensions of the responsibility of the ruler give directions to both legal and non-legal aspects of this phenomenon. In the legal aspects of this responsibility, clear examples can be given (because the legal principles of consistency, predictability, accessibility, publicity, transparency and accountability imply this), while in the non-legal some of them never become known to the general public, because due to one or another reason they do not gain publicity.

IL DIRITTO DELLA CD. ANARCHIA MILITARE TRA ROMA E REALTÀ PROVINCIALE

Author(s): Iole Fargnoli / Language(s): Italian Issue: 2/2022

Ruthless struggle for imperial power, hordes of soldiers from uncharted lands, looting, poverty, and epidemic are some of the characteristic features of the troubled era between 235 and 284. However, it is not only negativity that emerges from the sources that allow us to reconstruct the middle years of the third century. In particular, the preponderance of emperors of provincial origin, a clear trace of an evolved relationship between Rome and the provinces, and the intensity of imperial legislation that also dealt with concrete problems of provincials suggest that we should question whether the conventional designation of 'military anarchy' does not constitute a simplistic reduction of a neuralgic meeting point between Principate and Dominate.

SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2022

We will make a brief review and a summary analysis of the most characteristic and particular profiles of the iurisdictio Irnitana, of the more traditional notion of iurisdictio, and, in a more detailed way, we will focus our attention on the competent organs and courts (duumviri, aediles, prefects, municipal senate and court of five decuriones). We will also highlight the different options of the adversarii in the different courts and the special relevance granted by lex Flavia Municipalis to the agreements of the subjects in the lawsuits of the municipality.

LA PROVINCIA ROMANA DI GIUDEA DOPO LA MORTE DI ERODE IL GRANDE: CONFLITTI RELAZIONALI E CONTRASTI DI SISTEMA TRA IL PREFETTO DI SIRIA, I REGNI CLIENTI E IL GRAN SINEDRIO DI GERUSALEMME

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2022

Historians still debate the exact qualification of the province of Judea, especially following the discovery of the well-known inscription concerning Pontius Pilate, which led to a review of many judgments about the titling of the governor of the region, which would not have been that of procurator as was believed until the discovery, but of praefectus. A careful examination of the sources, in particular of Josephus Flavius and Philo Alessandrino, together with the valutation of the interventions adopted in Judea by the legates of Syria, it can only support the idea that the region was not independent, but with particular reference to military issues, was subordinate to Syria. In this context, although with limited powers following the Roman domination, the more or less independent fringes in the client kingdoms and the authority of the Grand Sanhedrin of Jerusalem survive in Judea.

Cuâle’nin Bir Finansman Vasıtası Olarak Kullanılması: Karz Temini İçin Yapılan Ödül Vaadi (Cuâle ale’l-iktiraz)

Author(s): Muhammed Usame ONUŞ / Language(s): Turkish Issue: 2/2022

According to Islamic law, there are rules and prohibitions that Muslims must follow in their actions and transactions. The prohibition of interest has been decisive in many actions, especially in debt. Accordingly, Muslims cannot put forward a condition of interest in their debt, nor can they take any transactions under this condition. Many jurists viewed interest not only as an excess of the debt but also as any benefit that the creditor would receive from the debtor other than the amount of the loan, and they evaluated it within the scope of interest. Since the lender of “qard”, which is generally used to define the debt, should not receive anything in return and should expect its reward from Allah, this was called “qard al-hasen”, quoting the relevant verses of the Qur’an, and Muslims tried to meet their credit needs through qard al-hasen. However, in some cases, people had difficulty obtaining the credit they needed, and especially in the modern period, the need for credit has increased both individually and institutionally. Therefore, Muslims tried to meet their need for qard by resorting to different ways within the limits of the Shariʽah. While applications based on transactions such as sukuk, mudaraba and murabaha and those based on intermediary transactions such as the purchase and sale of goods or partnerships were developed, applications based on direct debt without resorting to such transactions remained almost nonexistent. However, from the expressions in the books of classical fiqh, it is understood that the juʽalah, which is defined as “promising a reward in return for an action”, can be used for obtaining qard under certain conditions. In this type of juʽalah, which can be named as juʽalah ala al-iqtirad, a person in need of qard promises a certain reward from third parties to the person who provides him qard. Considering that there is a qard in question in this transaction and that the debtor pays more than the qard he has received, it is necessary to examine the opinions about this transaction's relationship with interest and its validity. The main focus of the research will be answers to questions such as the conditions that the aforementioned juʽalah transaction must meet to be valid, in what ways this transaction differs from interestbearing transactions, and within which limits.