Развитие на полицитацията от Древен Рим до наши дни

Author(s): Vladislav Datsov / Language(s): Bulgarian Issue: 1/2022

The current research is focused on the development of the unilateral assumption of a civil obligation from the pollicitatio of Ancient Rome through the Middle Ages till nowadays. Some legal systems, which are not based on Roman Civil Law but, nevertheless, regulate the unilateral assumption of a civil obligation, are also analyzed. The Principles of European Contract Law as an important non-governmental source of Contractual Law are also discussed in the article. The article aims to broaden the horizons of its reader with regard to the unilateral assumption of a civil obligation as well as at serving as a starting point for the creation of a detailed regulation of this unilateral deal in the Republic of Bulgaria.

Развитие на понятието за европейското гражданство

Author(s): Kostadin Sirleshtov / Language(s): Bulgarian Issue: 4/1999

The article focuses upon a short presentation of the historical, legal and philosophical context of the European citizenship. European citizenship is a new concept in the United Europe. It creates a significant federal precedent. The author emphasizes upon some basic doctrines of the leading authorities that define and add a different viewpoint upon the European citizenship. The legal characteristics of the European citizenship is based upon some of the leading Bulgarian legal authorities with a certain attention drawn upon some problems, which are so far unfamiliar to the national public.

Развитие на принципа на равенство в практиката на Конституционния съд на Република България

Author(s): Blagoy Deliev / Language(s): Bulgarian Issue: 2/2022

Case studies give us the best idea of the various manifestations of legal principles. The focus of this article is the jurisprudence of the Constitutional Court of the Republic of Bulgaria, related to the definition and application of the principle of equality. The courts decisions as well as some dissenting opinions of judges contain original theoretical and practical approaches in examining the nature of equality and non-discrimination. The article provides parts of court decisions so that the reader can follow the development of jurisprudence and form his own critical view be-sides the presented author's point of view.The article emphasizes on the two main manifestations of equality – equality before the law and non-discrimination. The equality effect can be fully deployed in a specific context. Therefore the study examines the main topic of the obligation of equal treatment, as well as the limitations to constitutional offices, elections, political pluralism.

Развитие на проекта за европейско договорно право на общностно ниво

Author(s): Tanya Yosifova / Language(s): Bulgarian Issue: 5/2006

Развитието на трудовото право на Европейския съюз през 2019 година – нови източници и нови перспективи за по-надеждна правна уредба на трудовите отношения. Част първа: Европейски орган по труда – създаване и правна характеристика

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 10/2020

In 2019 the development of the labour law of the EU received a strong impetus. The questions of the EU social policy were among the leading activities of all EU institutions. Two acts in the field of EU social policy, adopted in 2019, attract attention because they are expected to have a structural role in the future development of European labour and social law. These are Regulation (EU) 2019/1149 and Directive (EU) 2019/1152. Both acts were adopted under the ordinary legislative procedure, both acts have an identical story about their adoption, and were not accidentally adopted on the same date and published in the same issue of the OJ of the EU. The adopted acts of the EU law in the social field are the logical final step in the multi-year progressive efforts for adequate coping with the many problems and challenges facing the internal market, incl. labour market, which became a reality in the second decade of the 21st century. Given the size of the normative content of both acts, their social and legal purpose and importance of labour law and social policy of the EU, it is necessary to analyse them separately. In the following lines, as part one of a more comprehensive study, will be presented the background and establishment of the European Labour Authority, as well as its legal characteristic – functions and bodies. The statement does not claim to be exhaustive – it marks the beginning of a study on the place and role of this new body in the ever-current EU social policy.

Развој начела заштите националног идентитета у правном поретку Европске уније

Author(s): Marija Vlajković / Language(s): Serbian Issue: 66/2018

The evolution of the European identity in the EU does not exclude but implies respect and protection of the national identities. Through а detailed analysis of the national identity and its development through the Treaties and enhanced cooperation of national constitutional courts and the European Court of Justice, we come to the conclusion that the Member States tend to take the lead when it comes to the interpretation of the content and importance of their national identities in the EU legal system. In the ECJ case law, the most frequent questions were related to the interpretation of the protection of the national identity with a special emphasis on the constitutional identity as a counterbalance to the EU principle of primacy. Protection of the national identity encompasses the adequate application of the proportionality test by the ECJ from one side, and from the other the margin of discretion and appreciation that is left to the Member States. The European Court of Justice has developed a flexible approach, building it on the opinions of Advocates General and following national tendencies regarding the protection of their national and constitutional values. Bearing in mind the evolution of the content of the national identity and its interpretation in terms of the EU legal system, the ECJ also delivered judgments that do not aim at interpreting the national identity but rather give guidelines to the Member States when it comes to the protection of the national identity.

РАЗВОЈ НАЧЕЛА СУПСИДИЈАРНОСТИ У ЕВРОПСКОЈ УНИЈИ – ОД УГОВОРА ИЗ МАСТРИХ­ТА ДО УГОВОРА ИЗ ЛИСАБОНА

Author(s): Ivona Lađevac,Dragan Đukanović / Language(s): Serbian Issue: 135/2011

In this article authors focus their attention to one of the key principles of the European Union – the principle of subsidiarity. In introduction they refer to the European Union as a sui generis entity not just speaking in terms of its organizational structure but also in terms of distribution of power within it. In this line they consider the principle of subsidiarity. In the second part of the paper, authors focus their attention to arrangements provided by the Maastricht Treaty – which introduced the principle of subsidiarity, the Amsterdam Treaty, the Draft on the Constitution for Europe and, at last but not at least, to the Lisbon Treaty. Having on mind significant changes introduced by the Lisbon Treaty regarding the principle of subsidiarity, this treaty has a special place.

Развој тржишта поштанских услуга у функцији развоја глобалног процеса либерализације

Author(s): Bojan Jovanović,Spasenija Ožegović,Dragana Šarac / Language(s): Serbian Issue: 61-62/2017

The position of national postal operators is an actual topic from the time of forming of the first states to nowadays. The tendency of improving the business of postal operators changed from the monopoly position of postal operators to full trade liberalization. Today's attitude in most developed countries of the world is driven by the motive that the postal market has to be completely liberalized to get market-oriented entities in the final form. The opening of the postal services market caused a significant increase in the number of postal operators oriented towards more profitable segments of the market. On the other hand, the fulfilment of public interests with the universal service of the public postal operators is a considerable burden. This raises the question of the sustainability of such a state, i.e. whether liberalization has eliminated all the shortcomings of the monopoly position.

Развојне иницијативе и модалитети прекограничне сарадње држава у Европској унији

Author(s): Anastazija Tanja Đelić / Language(s): Serbian Issue: 77-78/2022

Cross-border cooperation projects are essential regional initiatives in the context of their own economic and overall social development. The existing modalities of cooperation affirm the coexistence of the subjects in the observed space while significantly eliminating certain contradictions in mutual relations. The purpose of the programme is to improve cross-border relations between countries in line with the concept of European integration and to ensure their longterm prosperity. The aim of this paper is to review and implement the basic provisions of the European Union institutions in the observed sphere, the essence of the concept of fruitful cooperation in the neighbourhood, with positive trends in all areas of public life. The regionalization policy through the realisation of adequate forms and the strategic phenomenon of the functioning of the Euroregion in Southeast Europe are of first-class importance for the Republic of Serbia.

Разглеждане на въпросите за съотношението между правото на Европейския съюз и международното публично право в първичното право на Европейския съюз и практиката на Съда на ЕС

Author(s): Monika Dzhenavarova / Language(s): Bulgarian Issue: 2/2019

The present paprer aims to introduce the reader to the issues of relation with EU law and Public international law. An object of consideration will also be the replacement of the international agreements in the primary law and case-law of The Court of justice of the European union. This concerns issues that will considered from European Union law's point of view.

РАЗЛИКАТА МЕЖДУ АЛЕАТОРНОСТ И РИСК В РИМСКОПРАВНАТА УРЕДБА НА ОБЛИГАЦИИТЕ, ПОДКРЕПЯЩИ ОСЪЩЕСТВЯВАНЕТО НА ТЪРГОВСКИЯ ОБОРОТ

Author(s): Konstantin Tanev / Language(s): Bulgarian Issue: 1/2016

The correlation between commercial risk and the risk of perishing of the transaction object is among the main issues, discussed among merchants, economists and jurists in the Antiquity and in our days, as well. It directly depends on the structure of the so called bilateral contracts like empting and vending, lease etc., where one can find the scientific interests of our professor Rumen Cholov. One of the curious texts in the Digests, D.22.2.5, represents the risk, periculum, as a subject matter of a transaction, where one of the parties bears it, while the other will pay its price. It is to see in it a sum of money, due as an additional payment above the initial capital. Thus, the whole is due up on the successful achievement of the goal, which is mentioned in the contract, as its suspensive condition. It means that the creditor could not claim anything if this condition is not fulfilled. The other requirement for execution of the agreement refers its separation from alea, i.e. the gamble (the pure hazard as a condition for transaction fulfilment). The distribution of the risk is typical issue for development of contractual relations and especially for the bilateral one. However, it does not follow necessarily the synallagmatic principle. Likely, in the contract of empting and vending, the vendor is liable for custody of thing, which transfers the risk of its perishing to the emptor only for the instances of acts of God. Similarly, the empting and vending contracts leads us towards the limits among the risk and the acceptable under the Civil law alea. We mean the empting of chance, emptio spei (alea), Cels. D.19.1.12, where the contract is deemed perfect up on the moment of consensus, notwithstanding the uncertainty about the contra-prestation of price, which is already paid. These instances, according to the Roman jurists of the early Classics, are embraced by the model, allowing Civil regulation of purely speculative vending, "quasi alea emitur" (Cels.D.19.1.12).The aleatorial principle, which is limited in Roman law and classic Civil law theory only to a narrow case, regulating only one of the specific objects of sale, finds in the actual Bulgarian theory a striking generalised implementation. Here I mean the study of Stavru, Nedev and Dimitrov on the aleatorial principle. There one can find three theories for its implementation: in the contract of donation (because of maintenance, which the beneficiary has to provide for the benefactor), in the construction contract (with respect to the possible additional payments, notwithstanding that a fixed price is agreed), in the contract of support and maintenance (referring the uncertainty about the period for providing the service). We could bring some objections for all the three of the examples, which is summarised for brevity in misunderstanding of the concept of alea as a synonym of pure speculation, which is still acceptable for the Civil law, on the one hand and as a function of reciprocity, on the other. In this context we must recall its genetic dependence on the gamble, bearing on mind that even there the obligation's structure follows the understanding, elegantly expressed by Zimmermann, that one can buy alea, but cannot pay with alea. Thus, the actual Bulgarian generalised understanding of alea, in fact, contravenes to the legal requirement for the certainty of the price.

РАЗМИСЛИ ВЪРХУ ПОНЯТИЕТО DAMNUM: DAMNUM И ВРЕДА, ИСТОРИЯТА НА ДВАМА „ФАЛШИВИ СРОДНИЦИ?

Author(s): Jean-François Gerkens / Language(s): Bulgarian Issue: 1/2021

The article raises the question of two legal terms - harm (dommage in French) and damnum (in Latin): whether they are so-called in linguistics "false cognates"? If we look at the dictionaries of two modern languages, in such way are called words that are very similar in appearance but different in meaning. The interpretation of the difference in word formation and meaning can sometimes be explained by differences in the evolution of the two words, which could have a common etymological origin. The peculiarity of the case considered here is obvious in the fact that one word originates from another and it is not a question of parallel development. The question also arises as to whether the evolution of the word has given it a new meaning different than that which it had in Latin. The purpose of this brief research is not a philological or an etymological study of the subject, but to examine whether every time the Roman jurists speak of damnum it necessarily corresponds to the concept of harm (dommage) in the French language.

Размисли за България, Европейския съюз и промените в Конституцията

Author(s): Nevena Galcheva / Language(s): Bulgarian Issue: 2/2011

In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day , to the fact that Bulgaria is part of a united Europe.In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day, to the fact that Bulgaria is part of a united Europe.

Размисли за новия световен ред – Тронно слово на проф. Жан-Дени Мутон при удостояването му с почетното звание „Доктор хонорис кауза“ на Софийския университет

Author(s): Jan-Deni Muton’ / Language(s): Bulgarian Issue: 4/2003

РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

РАЗМИСЛИ ОТНОСНО СПАСИТЕЛНИТЕ ОПЕРАЦИИ ПО ДОГОВОР И СЛУЧАЙНОТО НАМИРАНЕ НА ИМУЩЕСТВО – РЕЦЕПЦИЯ И ВЛИЯНИЕ НА РИМСКИТЕ ПРИНЦИПИ В ИСПАНСКИЯ ЗАКОН 14/2014 ОТ 24 ЮЛИ 2014 Г. ЗА МОРСКОТО КОРАБОПЛАВАНЕ

Author(s): Jose Luis Zamora Manzano / Language(s): Bulgarian Issue: 1/2016

The Roman legal experience contains a vast number of norms in relation to the safety of navigation, rescue of people and finding of goods in the marine waters. The new Maritime Navigation Law 14/2014 is not strange to many of the principles that have been in operation since Roman times and which were previously codified in the Commercial Code. This study aims to discover the common points, connections and influence of Roman law with regard to the salvage and taking out of goods from the sea. We are trying to explore the past to understand the current legislation.

РАЗПОРЕДБИ ИЛИ ПРАВИЛА НА РИМСКАТА АДМИНИСТРАЦИЯ ЗА ЗАЩИТА НА ПРИРОДНИТЕ РЕСУРСИ, ПУБЛИЧНОТО ИМУЩЕСТВО И ОКОЛНАТА СРЕДА

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2018

This contribution will focus, in summary form, on a short list of administrative provisions that, as a direct or indirect reflection effect, could have some convergence with what is now called the Environment and the protection of natural resources. We will talk, among other aspects, of the pollution in its different aspects, of the city in general, acoustic and saturnine. In relation to the field, the problems of the deforestation, the clearing of the forests and the mining. Water pollution, springs of running water, public springs in the city of Rome, etc.Also, in a somewhat more particularized way, but in a summarized way, we will analyze a set of legal reflections typical of Roman administrative experience, and the fundamental criteria in relation to the recognition of the social function of the res publicae and the corresponding interdictal tutelage And jurisprudence on public places, especially if we think about the relation, convergencies, coexistence or coherence, that they can assume with respect to the Environment.

Разумният срок в наказателния процес

Съответствие на българското законодателство и практика с европейските стандарти и ЕКПЧОС

Author(s): Simona Sivkina / Language(s): Bulgarian Issue: 1/2022

The aim of this paper is to present to the maximum possible extent the practice of the European Court of Human Rights regarding cases concerning the excessive length of criminal proceedings. The emphasis will be placed on to what extent the national authorities apply correctly the principles and criteria established in the practice of the European Court of Human Rights, what the domestic remedies are and how effective they are.

Разходка с овчар. Интердисциплинарни приближения

Author(s): Petar Petrov,Nikolay Velev / Language(s): Bulgarian Issue: 2/2017

Photo Essay

Расовата дискриминация - перспектива на проблемите на принципа за равно третиранe в Европа и България

Author(s): Ivan Ivanov / Language(s): Bulgarian Issue: 1/2017

Concerning the 10 years of Bulgaria's membership to the EU, the article presents shortly the EU process of development of the principle of equal treatment with the adoption of the Race Equality Directive, the transposition of which became obligatory requirements to the EU member states and to the accession countries. It also touches upon the perceptions of Central and Eastern European states before their accession, concerning racism and racial discrimination and the further development of the Bulgarian anti-discrimination legislation with the transpositon of the EU Race Directive. The article provides some of the many definitions on racism, discrimination, racial discrimination and definitions about direct, indirect discrimination as statde in the Race Directive. The author express its concerns on the prevalence of racial and ethnic discrimination as a social deviation and the need civil society and responsible authorities to join forces in the fight against all forms of discrimination.