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Няколко думи относно правните догми в Законь соудный людмь (опит за правно-историческо и правно-догматическо изследване)

Author(s): Hristofor Manchev / Language(s): Bulgarian Issue: 3/2005

In the following lines we will try to give some light to these legal phenomena, hurrying to note in advance for our humble attempt to penetrate this matter, with the intrinsic, usually for every first attempt mistakes, faults, failures. Experience not useful with your own final results, and above all as a basis upon which it can be discusses. And of course the questions will be more than the answers.

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RECONSTRUCTION OF ZAKAT IN THE INDONESIAN LEGAL SYSTEM

Author(s): Ahmad Muhasim,Hirsanuddin Hirsanuddin,Hayyan ul Haq / Language(s): English Issue: 2/2019

This study aims to explore the anatomy of the implementation of zakat and to reconstruct and to find an appropriate model law of zakat in Indonesia. Zakat can be optimized in improving and creating public welfare. The detailed analysis focused on the potentials of zakat that can be developed and manifested. The development of zakat was based on the existing of the Indonesian positive law and Islamic Law. Therefore, this study first identified and interpreted the divine values (Ilahiah values) that sourced from Qur'an and hadith. It elaborated on the legal resources from ijtihad, the fatwa from various theologians (Islamic Scholars). This study also applied normative legal research for addressing the issues related to the reconstruction of zakat norms. Meanwhile, empirical research was used to address and ascertain the societies' respond to the zakat changes. In normative legal research, this work used statutory, conceptual and case approaches. Thus, this work offers a good model of zakat management, such as zakat for a profession, zakat from fisheries products and other yields of the sea. This also reformed the model of collecting and distributing zakat.

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FINANCIAL CENTRAL AND REGIONAL RELATIONS WITHIN THE GOVERNMENT ENFORCEMENT IN INDONESIA

Author(s): Muhammad Suhardi,L Husni,RR. Cahyowati / Language(s): English Issue: 2/2019

Indonesia is a unitary state as asserted in Article 1 paragraph (1) of the Constitution of the Republic of Indonesia 1945. As a consequence of this, Indonesia dividing its territory into several regions. This study aims to analyze the form of regulation on financial relations among the central and regional governments, especially those that regulate balance funds to accelerate the equitable distribution of development. Types of normative research with legislative, conceptual, and philosophical approaches were used as the research method. In conclusion, the formulation of balancing funds between the central and regional governments prevailed so far has not yet reflected a sense of justice so that it can obstruct the occurrence of even distribution among regions.

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СРОК ЗА ИЗДАВАНЕ НА РЕШЕНИЕ ОТ МИТНИЧЕСКИЯ ОРГАН ПО ПРИЕТО ЗАЯВЛЕНИЕ

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

The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.

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LAESIO ENORMIS IN MEDIEVAL SERBIA ACCORDING TO CODE OF JUSTINIAN AND IN THE SERBIAN CIVIL CODE

Author(s): Emilija Stanković / Language(s): English Issue: 1/2019

Laesio enormis is the institute of Roman law which is being implemented with certain modifications in modern legislations. It is one of a set of measures introduced by Diocletian with the aim to prevent accelerating demolition of Roman state. This institute also protected the small landowners (farmers) from decline and prevented larger concentration of land in hands of wealthy landlords by allowing the termination of a contract if the price of exchange is less than a certain sum (for instance one half) of its actual value. This measure also meant the humanization of law since it protected the interests of a weaker party. The expression “laesio enormis” came from glossators and refers to “the damage over half” (ultra dimidium iusti pretii) and in terms of terminology, it is connected to the issue of pretium iustum (the right price). The Byzantine law recognized the institute laesio enormis and applied it in a slightly changed form. Thus, in Basilicas there are rules related to the institute laesio enormis. They were modified to include the sale contracts for all goods, but remained to favorize the position of sellers. Through the Byzantine law the institute laesio enormis became the constituent part of Serbian medieval law by means of a specific compilation under the name “Justinian's Code”. Later on, the provision of this institute were include into Dušan's Code.

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РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.

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Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

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Правилниците на Великите народни събрания при действието на Tърновската конституция – българският парламентаризъм

Author(s): Ekaterina Mihaylova / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the parliamentary rules of procedure of the Grand National Assemblies, which were established under the force of the Constitution of Tarnovo with the exception of the VI Grand National Assembly. Under analysis are the rules, which provide for parliamentary autonomy, the publicity of the session, regulate the rights of the majority and minority in the Assembly as well as the balance between their rights and interests. Under review and description are also the basic parliamentary debates with regard to the adoption of the parliamentary rules of procedure.

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Механизми за наблюдение на изпълнението по универсални международни договори в областта на правата на човека

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 8/2018

In the present study under consideration are the various universal human rights treaties andin particular those of them that establish different treaty-based implementation monitoringmechanisms. This article presents only briefly the various human right instruments and their respective treaty-based mechanisms and procedures. In-depth analysis of the relevant universal human right treaties and their monitoring mechanisms is made by the same author in a separatecomprehensive study.

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ANALIZA SOCIJALNOG PODUZETNIŠTVA U HRVATSKOJ S KOMPARATIVNIM OSVRTOM NA REGULATORNI OKVIR

Author(s): Ružica Šimić Banović,Ina Vojvodić / Language(s): Croatian Issue: 2/2019

The article presents the results of the comparative analysis of the regulatory frameworks of social entrepreneurship in selected EU countries. It seeks to provide insights into the issue that would be of value for Croatia. Additional contribution of the research is the SWOT analysis of social entrepreneurship in Croatia based on the information obtained in the semi-structured interviews with key entrepreneurs and experts in the field. The purpose of the article is two- fold: firstly, to reaffirm social entrepreneurship and its potential, and secondly, to enhance the understanding and contribute to the discussion on the attempts to improve social entrepreneurship in Croatia.

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CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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Нужен ли е нов закон за футболното хулиганство?

Author(s): Ekaterina Mihaylova,Boris Mihaylov / Language(s): Bulgarian Issue: 1/2020

This article examines the term “football hooliganism” and its legal regulation. It analyses Bulgarian and European legislation on football hooliganism. It further discusses in details the 2018 amendments of the Protection of Public Order at Sports Events Act that employs new methods for tackling with this negative phenomenon.

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Opinia prawna na temat beneficjenta rzeczywistego w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny)

Author(s): Dariusz Walencik / Language(s): Polish Issue: 23/2020

The aim of this legal opinion is to address the following question: Who is the real beneficiary of a limited company in which the only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house)? The analysis of Polish law and canon law leads to the conclusion that in the case of a limited company whose only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house), the real beneficiary is the competent higher superior of this order as well as members of its council. These persons satisfy the conditions specified in art. 2 para. 2 of the act of 1 March 2018 on countering money laundering and financing of terrorism, because they are a group of natural persons who exercise direct control of the company due to the entitlements they have (shareholders’ meeting/general meeting), which make it possible to exert a decisive influence on the actions or activities undertaken by the company. This is so because it is a group of natural persons who exert control over a legal person (an order or its organizational unit) who is entitled to hold more than 25% of the shares of the company stock and more than 25% of the voting rights in the decision-making body of the company (art. 2 para. 2 point 1 letter a and tiret three of the act on countering money laundering and financing of terrorism).

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Изпълнение на публичните държавни вземания по чл. 162, ал. 6 от Данъчно-осигурителния процесуален кодекс

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 9/2019

The public state receivables, regulated in art. 162, par. 6 Tax and Social Security Procedure Code have a number of specifi cs, caused by the nature and type of the offenses from which they arise, the bodies, which establish them, the acts, which make them liquid and due and the order for their execution. The article examines precisely the procedure for execution of public state receivables, regulated in the abovementioned provision.

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LIABILITY EFFUSUM ET DEIECTUM FROM ROME TO THE CONFIGURATION OF ART. 1910 OF THE CIVIL CODE: SAFETY AND HEALTH IN PUBLIC HIGHWAY

Author(s): Jose Luis Zamora Manzano / Language(s): English Issue: 2/2020

One of the problems that arose in urban development of the city of Rome was insulae overcrowding and congestion, which affects numerous parameters such as habitat protection of the city itself, given the need to evacuate and canalise organic waste products produced by human activity, the citizen's health and to guarantee the safe transit of pedestrians who often had to circumvent the road to avoid damage the caused by the spillage thrown from buildings, hence the study of the edict effusis vel deiectis whose footprint is inserted in art. 1910 of the civil Code.

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LA RÉCEPTION DU DROIT ROMAIN RELATIF AUX CRIMES CONTRE LA PERSONNE DANS LE CODE DE MOLDAVIE (1646) ET LE CODE DE VALACHIE (1652)

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2020

The Moldavian Code from 1646 and the Wallachian Code from 1652 belong to a codification movement that started in Western Europe in the XVIIth century. They comprise, in general, the works that gather the positive law texts according to the nature of their source. As to the criminal dispositions from the Moldavian code, their only source is a Neogreek abstract of the work of the Italian criminal specialist, Prosper Farinaccius (Praxis et theoricae criminalis) which will equally be integrated by the Wallachian code. The article presents the Roman sources of the two codes regarding the person, related to the works of Farinaccius.

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СРАВНЕНИЕ НА РИМСКОТО ПРАВО С ДЕЙСТВАЩОТО ПРАВО И ПОЗИТИВНИТЕ МЕТОДИ ЗА УПРАВЛЕНИЕ НА КОНФЛИКТИ

Author(s): Gema Vallejo Perez,María Consuelo Morán Astorga / Language(s): Bulgarian Issue: 2/2020

Alternative procedures to the judicial way existed in the Roman Law to solve controversies; many of them emerged in the family environment and in the business world. At present, through Mediation, Negotiation and Arbitration (Alternative Dispute Resolution – ADR), more favorable agreements can be obtained for the interests of both parties. In addition, these ADR methods protect privacy and avoid distress that damage the health and destroys the future relationships between the parties. The objective of this work was to compare the alternative strategies existing in the Roman Jurisdiction with the ADR methods used at present. This meta-analytical study consisted in the bibliographic revision of roman documents to compare them with the sources of current Law. The results inform that, in both, Roman Law and Current Law, alternative strategies like ADR, offers important advantages to the judicial way. They can be highlighted: the preservation of privacy, the good reception of the resolution by the parties, a more positive management of emotions, and a preservation of good relations between the parties. Both in Roman times and in our times, these aspects have special relevance in the field of the family and also in private businesses.

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СРАВНЕНИЕ МЕЖДУ ТЕОДОСИЕВИЯ И ЮСТИНИАНОВИЯ КОДЕКС

Author(s): Gisella Bassanelli Sommariva / Language(s): Bulgarian Issue: 2/2020

The Theodosian Code has been object of many studies in the last thirty years, therefore repeating a comparison between Theodosian Code and Justianian Novus Codex seems of considerable interest. So topics that induce to consider CTh. 1.1.6 merely interpretative of CTh. 1.1.5 are studied in this perspective (the most cogent reason is represented by the issues arisen by the Commission in charge of selecting of the western normative material arrived in Costantinopoli almost certainly before 435). In conclusion it seems right to consider Codex published in 438 to be actually the achievement of the first part of the project elaborated in 429. At last the author formulate hypothesis about the reasons why the project of drawing up the Codex magisterium vitae had been abandoned (abandon decided in 435 when codes took the name of the emperor). In relation with Novus codex the author examines the project formulated in 528, the chancellery’s legislative activity during the code editing and the Summa’s provisions related to the legal writings. The conclusions achieved by the author are verified basing on laws regarding writings of classical legal authors dated between autumn of 529 and summer of 530. This exam suggest hypothesis about the decision of editing the Digesta.

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Regulation of access to postal infrastructure in Poland on the example of selected European Union countries

Author(s): Anna Drab-Kurowska,Michał Kuściński / Language(s): English Issue: 3/1/2018

The purpose of the article is to attempt to recognize the problem which is access to postal infrastructure in the context of selected European countries. The article presents the following research hypothesis – Increasing the use of postal infrastructure will allow for more effective management and an increase of competitiveness of postal operators. In reference to the assumed goal and adopted hypothesis, the following research question was posed in the article – which model of cooperation in the field of access to postal infrastructure is appropriate? In an attempt to answer the question, the article refers first to the situation on the postal market in Poland. Next, it concentrates on the essence of the postal infrastructure, referring to the basic elements. In addition, it focuses on presenting elements with which the postal operators can achieve a synergy effect. The key element of the article is the presentation of proposals for measures to increase the efficiency in the provision of postal infrastructure.

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