We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The report concerns kinds of charges and commissions gathered by banks in cases of contracted consumer credit contract, in an attempt for their classification. The issue for delimiting of charges and commissions and other kinds of expenses requested by banks in cases of executable termination of the contract is researched.
More...
The objective of this report is the role of the procurator – being a person, responsible for taking decisions concerning the management of the company – in the stabilization procedures, regarding the changes in the insolvency legislation. An assessment of some of the norms in the Commercial code is made in order to check their consistency with the EU legislation
More...
The report examines the issues concerning the legal instruments available to the National Revenue Agency bodies to attack under Art. 646 and Art. 647 Commercial act deals with the property of the trader, appearing to damage the bankruptcy mass and diminishing its volume. The most common hypotheses in these provisions and their importance for filling in the bankruptcy estate are considered. The opportunities available to the National Revenue Agency employees in case of inaction on the part of the assignee and lack of interest from other creditors are discussed, as well as commenting on the legal status of the assignee as a participant in the proceedings on these claims.
More...
The report examines the unconventional to the Bulgarian procedural law concept of ordering interest on costs of the proceedings. A comparative analysis has been done and the possibilities of timing of the interest are considered.
More...
Methods and approaches for creditor protection, key credit risks for creditors, measurement methods for creditor rights, commercial collateral, creditor rights during insolvency
More...
Technological improvement have created entirely new payment systems that emit new virtual "money", different from then common known from the financial world. The emitted cryptocurrency is distributed by decentralized system, which is using P2P and blockchain technology. The fast growing popularity of cryptocurrency transactions requires urgent legislative measures to protect the user rights in a virtual background.
More...
The paper examines the powers of two different types of representation in commercial law – by the procurator and by the manager of a limited liability company. A comparison has been made between the two legal functions pointing out the similarities and outlining the differences in their representative authority to the purpose of clarifying their respective roles in the management of the company.
More...
Discussed in the report are the legal relations, arising from the purchase option, which can be incorporated in leasing agreements. Potential problems are highlighted and their solutions are sought in analysis of case-law and academic papers of both Bulgarian and international scholars.
More...
The Protection of Competition Act includes the legal definitions of both notions “dominant position” and “monopoly position”. The conclusion drawn from existence of both definitions is that the Bulgarian legislator considers the dominant position and the monopoly position as two separate legal phenomena. This research aims to present their specifics and to explain whether the distinction between them is necessary for applying the prohibition under Art. 21 of Protection of Competition Act. In the light of the above mentioned problems it is examined the national legislation and the practice of the national competition authorities in the area of the abuse of a dominant and monopoly position. The analysis compares the national regulation and practice with the applicable legal rules of the other national EU jurisdictions and the practice of the European Commission and the Court of Justice of the EU concerning the abuse of dominance. It is concluded that the monopoly position is a form of the dominance and therefore the distinction between them is unnecessary for the application of the Art. 21 of the Protection of Competition Act. This conclusion provides a solid basis for de lege ferenda changes.
More...
The Romanian contemporary society imposed a profound transformation of many traditional legal institutions. From this perspective, one cannot overlook the profound change brought by the current Civil Code in contractual matters, namely the unification of the legal regime for civil contracts and commercial contracts. In the context of the assimilation of European values, the adoption of the monist system of regulation on the contractual domain by the Civil Law was imposed by the fundamental transformations of the entire economic life in Romania and of all the relations having a patrimonial character from the Romanian society. In this study we will stop on the legal regime applicable to contracts that are particularly interested in banking activity: current account contract, current banking contract and other bank contracts. The contractual freedom allowed to legal subjects to conclude current account contracts is exploited by banking institutions, both at the end and during their execution. The lack of legal protection for clients in general and for professionals in particular generates bargaining imbalance and additional contractual power for banking institutions. The impact of legislative amendments to former business, business, financial and banking activities on the realities of everyday life, beyond all doubt, is overwhelming and visible, with decisive macro-social effects.
More...
The theme "The content and organization of extrastatutory conventions" is a rare topic both in Romanian legislation and in doctrine and jurisprudence. This theme is a subject proposed to clarify and bring novelties into the sphere of commercial law. The main objectives are to provide a clear, well-defined framework for the organization and content of these atypical contracts (extra-statutory conventions). Due to the complexity of the field, the research will be outlined on the compatibility of these conventions if they have the capacity to anchor the corporate market, effervescence and transparency. The work involves the rich and complex presentation of the theoretical and unidentified aspects in the literature, analyzing the practicalities of the Community law. The legal research will aim at gathering the principles, issues of the stages, methods, techniques and tools of investigation and scientific knowledge of legal phenomena, playing an important role in the final outcome of the project. The actual research will consist of documenting, debating and proposing solutions to problems and gaps in both doctrine and legislation and jurisprudence. These conventions are the civilized way of confronting the freedom of contracting associates, the particular or fractional interests of the associates in society, finding the appropriate instrument for extrastatutory conventions.
More...
Fiducia is undoubtedly one of the most innovative institutions introduced by the New Civil Code and the fiduciary is on its turn the main actor in this institution. An analysis of the fiduciary's powers and duties is essential to perceive correctly the mechanism of the fiduciary relations. The most important power held by the fiduciary is given by the ownership of the fiduciary property. This right is absolute under the law, but it is nevertheless circumscribed to the obligations held by the fiduciary under the fiduciary contract. In addition, among the rights of the fiduciary, we also mention the administration and decision power in relation to the fiduciary assets in favour of the beneficiary. Also, the right to remuneration should not be ignored, especially in view of the fiduciary’s professional position. As regards the obligations of the fiduciary, the most important is the one mentioned in the very definition of fiducia, namely the obligation to manage the fiduciary assets for and in favour of the beneficiary. The fiduciary also is held accountable and must inform both third parties and the parties to the fiduciary contract about the position in which he operates. Both the powers and duties of the fiduciary are "intertwined" to form the "fabric" within which it operates.
More...
The first part of the paper presents the distinction between the concepts of "capital movement" and the circulation of payments. The principle of free movement of capital and payments does not require the adoption of additional regulations at national level and is therefore directly applicable in the member countries. The second part of the paper deals with the legislative framework of the two freedoms in its evolution, according to the Treaties of the European Union and the directives in field.
More...
The purpose of introducing this topic through this paper is to give an overview regarding the world’s trade and the complexities involved in international trade dispute res-olution. The paper elaborates upon the damages which a party shall seek from the other party due to breach of business contract. This paper is aimed to help academicians and professional in understanding the different types of damages pertain to international business disputes. How to effectively identity and calculate the damages which can be applicable to a given dispute, so that the claim for damages can be duly substantiated to get them as award. The damages are claimed and awarded in several ways mainly such as “compensatory damages”, “punitive damages”, “liquidated damages”, “exemplary damages” and “statutory damages” and several other methods. This paper also elaborates upon other methods of dispute redressal in the form of, “Specific Performance” (where the party causing injury or breach is asked to complete his promise) and “Rescission of contract” (where the parties to the contract can back-out from the contractual obligation with mutual consent and without causing injury to either party) and lastly in the form of “Quantum Meriut” (where the party to contract has done some work under an agreement and the other party disputed the agreement, or some event occurs which makes the further execution of the agreement impossible, then in such a case the party who has already performed the work, shall claim payment for the work already performed). Further , this write-up deal’s with the interest compo-nent that shall be levied upon such damages at the time of redressal of the damages claimed.
More...
Several elements can be considered that lead to configuring the specificity of abuse of a dominant position in a competitive context. The Court of Justice has defined the dominant position referred to in art. 82 (ex 86) EC as a "position of economic power in which there is an undertaking which enables it to hinder effective competition in order to be maintained in a relevant market in order to give it the power to behave independently of its competitors, its customers and, ultimately, consumers".
More...
The accused or the civilly liable party? What is the position of a commercial company in a criminal trial? If in the case of certain offenses the answer is quite clear, in the case of crimes like tax evasion or money laundering, the practice is not unitary. The article analyzes the cases in which the criminal liability of a company can be engaged, as well as the effect generated by the role that the prosecutor sets for the company- as criminally or civilly liable party- in the case of criminal offenses such as tax evasion.
More...
The subject of analysis in this article is the problem of consumer insolvency in Bulgaria, where the scientific interest is focused on the draft of the Personal Insolvency Act. Systematization is made of the legislative approaches adopted by the separate countries when regulating the problem of personal bankruptcy. Based on the scientific analysis it is determined that the most substantial significance in the special provisions related to the personal bankruptcy is the release of individuals from debts in future subject to specific legal preconditions. A critical scientific analysis of certain definitions in the draft is performed and suggestions are made for their improvement
More...
The research presents the legal framework of the insolvency proceedings of cross-border groups of companies under Regulation (EU) 2015/848 and examines how the European act fits into the national legal framework and affects the legal situation of the main actors in insolvency proceedings.
More...
The Limited Liability Company was originally the brainchild of German legal practitioners. Its initial regulation by the German LLC Act (GmbH Gesetz) dates back to 1892. Within the first fifty years following its adoption in Germany it was also regulated in the legislations of a number of European countries. However, Europe’s history in the 20 c. imposed multiple changes to the legal regulation of the LLC. This period sees the Law being constantly updated as to adequately meet the needs of society. The report focuses on some aspects of the management of the Limited Liability Company in Germany, France and Russia, with the intention to identify the necessary guidelines, as well as certain concrete proposals for improving the set of legal regulations in our domestic legislation.
More...
Who has turned 16 and has got married, can be registered as a sole trader as long as the latter in not under judicial disability and has a domicile in this country. Alongside with this abstract legal possibility, however, there are a number of legal problems and consequences, which are not explicitly envisaged by our legislation, just as there are no acts in the judicial practice to solve the legal status of the underaged trader.
More...
