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CULTURE ET CULTURES JURIDIQUES A L’INTERIEUR DES SOCIETES COMMERCIALES DE L’UNION EUROPEENNE. UNE ETUDE COMPARATIVE

Author(s): Dana Volosevici / Language(s): French Issue: 2/2014

L’apparition des droits subjectifs représente, selon Max Weber, le résultat d’une mutation fondamentale dans la compréhension du « droit légitime » (Berechtigung), qui s’est déplacé du droit traditionnel, qui fixe des devoirs à l’individu, et qui conçoit les droits « sous forme d’un reflet »2 de ces devoirs, vers les droits subjectifs, vus comme une capacité, une « source de pouvoir ». Le droit n’est plus la réflexion d’un devoir prévu par la loi, mais il confère à l’individu un pouvoir sur les actes des autres. A l’intérieur de la société, l’équilibre entre societas et labor se réalise principalement par l’intermède de la loi. Mais la construction européenne multiplie le cadre normatif en ajoutant à la culture juridique nationale une culture supra-étatique qui régit des rapports propres aux relations intra-societales.

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ACCES DES SALARIES AUX INFORMATIONS CONCERNANT LA SOCIÉTÉ - EMPLOYEUR – FORME DE LA CITOYENNETE DE L’ENTREPRISE. ETUDE COMPARATIVE, DROIT FRANÇAIS – DROIT ROUMAIN

Author(s): Volosevici Dana / Language(s): French Issue: 1/2016

La participation des salariés à la vie de la société- employeur, au-delà de la simple prestationdes tâches spécifiques à leur fonction, devrait assurer une diminution de la distance entre les intérêts desdeux éléments – les salaries (labor) et investisseurs (societas), en vue d’atteindre un certain degré demoral(ité) dans le capitalisme. L’article fait une analyse technique les dispositions par lesquelles lessalaries acquièrent le droit d’être informés et consultés relativement à l’organisation et le fonctionnementde la société.

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Издаване на европейска заповед за запор на банкова сметка в практиката на българските съдилища

Author(s): Tanya Gradinarova / Language(s): Bulgarian Issue: 2/2019

Regulation (EU) No 655/2014 of the European Parliament and of the Council of May 15th, 2014 creating a European Account Freezing Injunction procedure to facilitate cross-border debt recovery in civil and commercial matters provides for a single autonomous procedure for issuance and execution of a European injunction for the freezing of bank accounts. Upon its adoption, the Community legislature considered the need to introduce a directly applicable legal instrument for the purpose of the efficient and rapid freezing of bank accounts due to the significant difference in the conditions and effectiveness of the implementation of national interim measures and their cumbersome nature in cases with cross-border consequences. The application of the Regulation in conjunction with the provisions of Chapter fifty-six „a“ of the Civil Procedure Code poses a challenge to both the legal theory and the jurisprudence. This report aims to create a discussion and commentary regarding some of the problems that arise before the current case law of Bulgarian courts in applying the unified European procedure for granting a European injunction for the freezing of bank accounts, established by Regulation (EU) No 655/2014 and the rules of chapter fifty-six „a“ of the Civil Procedure Code – Art. 618a to Art. 618e of it. The validity of the problems analysed is conditioned by the need to ensure the correct application of the Community procedure for granting a freezing injunction that is to be enforced on the territory of other Member States of the European Union without a special procedure for recognition and without granting a declaration of enforceability. The task of this study is to analyse the available national case law on granting a European bank account freezing injunction and to present some proposals for its unification.

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Търговските книги и тяхното доказателствено значение

Author(s): Krasimira Mircheva / Language(s): Bulgarian Issue: 2/2019

The article addresses the trading book following the relevant provisions under the national legislation in force. The author sets out her view about the concept that maintaining the obligation to keep records of trading books serves various interests – such of a publiclaw nature (particularly the case for taxation) as well as those of a private-law character (by presenting a report of enterprise assets to the owners and third parties). Special emphasis is placed on the legal rules dedicated to keeping data records in the business books in case of litigation, as well as their significance for ensuring evidence, including their challenging. The article refers to the relevant case-law of various courts. It also summarises the possibility given by the current legislation for settling any trade dispute merely based on a documentary proof submitted to the court, which streamlines as well as accelerates the judicial process.

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Практика на Съда на ЕС относно нелоялните търговски практики и доставката на непоръчани стоки

Author(s): Goran Goranov / Language(s): Bulgarian Issue: 2/2019

In the European Union, member states should provide national legislation that prohibits a trader to act unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of facts or commercial communication by a trader that relates to the sales promotion of a product to consumers, falls under the term ‘Commercial practice’. Therefore, the doctrine should interpret this term thoroughly. If a commercial practice is misleading or aggressive, it is particularly deemed to be unfair. Unsolicited supply of goods is a practice in which products supplied by the trader, but not solicited by the consumer or services are sent to consumers in the expectation that many will prefer to purchase rather than to return them; the practice is considered undesirable and legislation protecting consumers has been enacted.

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Новият иск по параграф 6 от преходните и заключителните разпоредби на Закона за изменение и допълнение на Закона за банковата несъстоятелност

Author(s): Matey Matev / Language(s): Bulgarian Issue: 3/2019

The article „The new claim under paragraph 6 of the Transitional and Terminal Provisions of the Law on Amendment and Supplement of the Bank Insolvency Act“ clarifies its theoretical aspects. They address the relative nullity of series of share-transfers made by debtors of Corporate Commercial Bank (CCB), AD (in insolvency), after the date of its placement under special supervision by the Bulgarian National bank. The claim by its general characteristics is an action for revocation, requiring a special legitimacy of the insolvency administrator, the temporary insolvency administrator or the Deposit Insurance Fund. All of them should defend the interests of the creditors of the insolvency mass. The study of the claim observes the time limit, the special jurisdiction, the effect of the court decision and its proximity with the claim under Article 135 of the Obligations and Contracts Act, as well. The conclusions made consider the lawsuits for the bad faith transactions with the shares of CCB debtors and outline the factual composition of the claim and its frame of proof.

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Przyczynek do dyskusji nad faszystowskim prawem gospodarczym

Author(s): Maciej Marszał / Language(s): Polish Issue: 1/2019

Italian fascism was not limited only to political issues, but it also covered important socio- -economic problems. The basic element of Italian political doctrine was corporatism, which had a decisive influence on the shape of Italian legislation process in the field of constitutional, administrative, tax, commercial, labor and social security law. Corporate solutions created relations of the individual towards nation and citizen towards the state. From one point of view, the fascist socio-economical program denied the liberal free trade economy, but from the other, it was a counterbalance for a developing social ideology of class conflict, which was proclaimed by the socialists and communists. The idea of fascist corporatism in Italy gave a vision of social peace. It also improved the functioning of the government by subordination of trade unions to the state and by suppressing social divisions on the employer – employee line. The purpose of this study was to present fascist commercial law and it’s importance for economic policy of Mussolini state. The basic legal acts from the period of 1922 till 1939, which are related to fascist economy, were analyzed.

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Preventing Trafficking in Cultural Property: Import and Export Provisions as Two Sides of the Same Coin

Author(s): Robert Peters / Language(s): English Issue: 2/2019

This article analyses the recent developments on the international, regional, and national level in preventing the trafficking in movable cultural property. The analysis starts by looking at the legal framework provided by the 1970 UNESCO Convention and the necessity of the Convention’s implementation into national law. It then focuses on the 2016 law reform in Germany implementing the 1970 UNESCO Convention as well as Directive 2014/60/EU. Whereas most States have adopted national export provisions protecting their own national cultural property, only a few States – like Canada and Germany – provide for general import provisions. Against the backdrop of the UN Security Council Resolution 2347 (2017) and the 2019 EU Import Regulation, the article illustrates that import and export provisions are two sides of the same coin in terms of preventing trafficking in cultural property.

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Photographs as “Cultural Property” under Italian and European Union Law: A Complex Picture

Author(s): Eliana Romanelli / Language(s): English Issue: 2/2019

Photography has only recently come to be considered, besides being a creative work protected under copyright law, also as a possible element of “cultural heritage”. Even in Italy, with its traditionally pervasive regulation of cultural property, while the issue was raised in the 1970s it only entered the legal framework on cultural heritage in the 1990s. During the same period, photographs began to be considered as “cultural goods” under the European legal framework, albeit with mixed attitudes. This article provides a summary of this legal evolution, including an analysis of possible effects of the 2017 reform of Italian cultural property export law on this specific area, and discussing the impact of current regulation on the photography market.

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Two International Conferences on Private Rights and Cultural Property

Author(s): Żaneta Gwardzińska / Language(s): English Issue: 2/2019

Two International Conferences on Private Rights and Cultural Property; Gdańsk, 6-7 June 2019

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The 3rd Annual Conference of the TIAMSA – The International Art Market Studies Association

Author(s): Adelaide Duarte / Language(s): English Issue: 2/2019

The 3rd Annual Conference of the TIAMSA – The International Art Market Studies Association; Lisbon, 21-23 November 2019

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ПРОБЛЕМИ НА ЗАВЕЩАТЕЛНАТА ДЕЕСПОСОБНОСТ

Author(s): Dimitar Topuzov / Language(s): Bulgarian Issue: 1/2020

This study makes a modest attempt to clarify the scope of legal requirements for acquiring testamentary capacity under Bulgarian law. Each of these requirements laid down in article 13 of the Succession Act has been put to an independent analysis in the context of the new statutory framework outlined by the obligations assumed by Bulgaria by ratifying the Convention on the Rights of Persons with Disabilities. The analysis proceeds from the notion that testamentary capacity is a special one, and thus the decisions established for the general civil capacity to act cannot be automatically applied to it. The conclusions in the study have been made after a thorough comparative law overview of other European legislations which provides an opportunity for a discussion of various possible approaches to the problems under consideration.

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How much Labour Law is there in an EU Labour-Law Directive?

Author(s): Agnieszka Rzepkowska / Language(s): English Issue: 1/2020

The paper discusses the terminology used in an EU document. It is part of a recently started research project on labour law terminology and terminography. Directive 2002/15/EC, the document selected for analysis, is an example of EU text dealing with two subject fields: labour law and road transport. Apart from that, it presents specialised vocabulary typical of EU documents. Analysing this directive enabled the author to compile a record of terms in the three fields: labour law, road transport law, and EU legislation, and then analyse them according to several classifications: the field of study, the type of concepts represented, and the length of terms (the number of words, a formal criterion). The proportions calculated made it possible to draw some conclusions as to the specialised vocabulary found in EU legal texts from the viewpoint of a translator and a terminologist, who need to be familiar with all the topics discussed in texts they are dealing with in a given job. Artykuł jest częścią projektu dotyczącego terminologii i terminografii z zakresu prawa pracy rozpoczętego w ostatnim czasie przez autorkę. Omówiono w nim terminologię wykorzystaną w dokumencie unijnym. Dokument wybrany do analizy, mianowicie Dyrektywa 2002/15/WE, jest przykładem tekstu unijnego obejmującego dwie dziedziny: prawo pracy oraz transport drogowy. Poza tym, wykorzystywane jest w nim także słownictwo specjalistyczne typowe dla dokumentów UE. Analiza tej dyrektywy pozwoliła autorce sporządzić zbiór terminów obejmujący trzy dziedziny: prawo pracy, prawo z zakresu transportu drogowego oraz ustawodawstwo UE, a następnie dokonać ich przeglądu z punktu widzenia różnych klasyfikacji: według dziedziny, rodzaju reprezentowanego konceptu, oraz długości terminów (liczby wyrazów w terminach, kryterium formalne). Wyliczone proporcje różnych typów terminów umożliwiły wyciągnięcie szeregu wniosków dotyczących słownictwa specjalistycznego znajdującego się w tekstach prawnych UE. Uwzględniono przy tym punkt widzenia tłumacza i terminologa, osób, które muszą dobrze orientować się w tematach podejmowanych w tekstach, którymi się zajmują w ramach konkretnych zleceń.

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În căutarea interpretărilor privind aplicarea TVA pentru operațiunile de comerț electronic

Author(s): Roxana Mărgulescu / Language(s): Romanian Issue: 3/2020

The VAT Committee, as an advisory committee in the field of taxation for value added tax purposes, acts based on Article 398 of the VAT Directive and draws up legal guidance on the uniform application of the Directive. Regarding to e-commerce, there are three important guidelines resulting from meetings of the VAT Committee. Also, some of the guidelines approved and agreed by this Union body have been transformed into mandatory implementing legal measures, which we find in Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax.

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Three-Dimensional (3D) Printing as Intellectual Property

Author(s): Vladislava Petrova / Language(s): English Issue: 1/2020

The subject matter of this article is the three-dimensional (3D) printing and its protection as industrial property, more particularly as inventions. It indicates the essence of 3D printing and the areas of application of the technology. The protection of the results of 3D printing as inventions is considered, also the advantages and disadvantages of additive manufacturing are analysed. A profile of the enterprises developing 3D printing technologies has been made. The results of the performed patent research are analysed. The filed applications for inventions and the issued patents in the field of 3D printing in a national and international aspect are identified.

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Analiza konstytucyjności ograniczeń w korzystaniu z wolności religii podczas pandemii koronawirusa w Polsce

Author(s): Konrad Dyda,Marcin Olszówka / Language(s): Polish Issue: 23/2020

The need to prevent the development of the SARS-CoV-2 coronavirus pandemic makes it necessary to maintain physical distance to comply with various types of sanitary standards. However, when restrictions imposed by public authorities lead to limiting the exercise of human rights and freedoms, they must be laid down in normative acts of appropriate form and content. Meanwhile, many of the restrictions introduced by the Polish authorities with a view to combatting the pandemic, which restricted the exercise of freedom of religion, did not meet the standards defined by the Polish Constitution.

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Claims secured by a registered pledge in sanation proceedings

Author(s): Rafał Adamus / Language(s): English Issue: 28 (4)/2019

This study concerns the legal situation of a receivable secured by a registered pledge in a debtor’s sanation (restructuring) proceedings. The registered pledgee has a special position in the course of such proceedings. The study discusses the rules of subjecting the receivable secured by the arrangement, the rules of preparing and contesting the list of receivables, and finally the rules of satisfying the pledgee.

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DOMAIN NAMES & (TRIPS): THE ASPECT OF PROTECTIONS ROOTS

Author(s): Fahed Wahdani / Language(s): English Issue: 9/2020

Though the main goal of (TRIPS) agreement was established to organize Trade-Related Aspects of Intellectual Property Rights, some new rights related to intellectual property have arisen away from the scope of this agreement. One of these issues was domain names. Initially, it was argued that there is no relation between domain names and trips agreement due to the fact that domain names are relatively new issue comparing to establishment of TRIPS agreement. This might be right to a point with taking into consideration the unclear nature of domain names per se. However, revealing the real nature of domain names might bollix things up.

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DOMAIN NAMES’ LEGAL DISPUTE IMPACT: VALUE & DISPUTE’S COST

Author(s): Fahed Wahdani / Language(s): English Issue: 8/2020

There is no doubt that domain names have founded new world of digital business equal to geographical traditional business world. And in such a borderless world (cyberspace), everyone has aimed to gain his own share. However, the features of the conflict over the contested rights have begun to appear publicly between the main stakeholders of cyberspace. Despite this, the conflict took legal shape, but in fact this legal conflict was hiding severe financial fighting. And when it is informed there is financial conflict between main stakeholders, it means there is a profit, loss, and costs come over this conflict. As a result, every legal conflict has its own financial equivalent if this legal conflict could be coded into financial values.

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DEOSEBIRILE PE TEREN PROBATOR ÎNTRE BINOMUL CHELTUIELI – VENITURI ȘI ACHIZIȚII – LIVRĂRI/PRESTĂRI

Author(s): Radu Bufan / Language(s): Romanian Issue: 5/2020

In a substantial study, the author analyses the conditions for deductibility of expanses in the field of corporate income tax, as compared to the conditions required for the exercise of the right of deduction in the field of value added tax. Inspired by chronical difficulties in national tax audits as to the distinction between these two approaches, the study provides for the theoretical legal arguments that are able to allow the interpreter to rule in each case. Reference is made to the relevant case-law of the Court of Justice of the European Union, as well as to national tax case-law.

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