Status prawny rubryki „Napisali o nas”

Author(s): Agnieszka Grzesiok-Horosz / Language(s): Polish Publication Year: 0

Engaging in the discussion on legal aspects of communication, this paper tackles the question of the legal classification of the part of websites in which news on various local and regional events is uploaded. In order to achieve that, two possible classifications are introduced; one of them treats such materials as simple press information, whereas the other – as a right to reprint eligible under the Act of Copyright and Related Rights, and Press Law Act. The issue discussed is even more interesting since some of the changes indicated have been changed by the document enacted on 11 September 2015; it concerns the changes within the copyright law and the related rights, and the Gambling Act, adjusting them to the European Union Law, and, particularly, the directive 2001/29/WE of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. The paper is a theoretical and juridical analysis of normative regulations and the doctrine through the exegesis of legal acts related to the issues tackled, operating within the framework of historical interpretation.

Непряката дискриминация в българското и европейското право

Author(s): Lilyana Kaikamdjozova / Language(s): Bulgarian Publication Year: 0

Legal aspects of the indirect discrimination and specifics of the Bulgarian law in connection with the transposition of European law.

ЗАКОНОДАТЕЛСТВОТО ЗА АКАДЕМИЧНОТО РАЗВИТИЕ В РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Darina Zinovieva,Ekaterina Salkova,Hristo Banov,Jivko Draganov / Language(s): Bulgarian

Правните последици на местното арбитражно решение – недостатъци в правния режим у нас и последните стъпки за преодоляването им

Author(s): Margarita Zlatareva / Language(s): Bulgarian Publication Year: 0

This article analyzes the reasons for the mistrust of the arbitration’s activity and discusses the latest legislative amendments in the field – in the Civil Procedure Code (CPC) and the International Commercial Arbitration Act (ICAC), promulgated in the State Gazette, issue 8 of 24 Jan 2017. Firstly, it concludes that in the national source the form has been determined too widely, liberally and with an option for broad interpretation. The latest amendments to Article 7 para 3 ICAC that enlist the procedural actions of the defendant in the arbitration proceedings and satisfy the conditions for a valid arbitration agreement, practically make the framework narrower. The articles suggests that the requirements to the form of the arbitration agreement need to be more restrictive and that some optional forms, such as any “other” communication between the parties or a defendant’s consent by conduct need to be removed. Such conclusion is backed up by a comparative legal analysis of German and Austrian legislation. Secondly, the article comments on the narrowing of the scope of disputes admissible for consideration by arbitration in last amendment of Article 19 para 1 CPC that has taken out of the scope of arbitration agreements all disputes with consumers. As such arbitration judgment needs be declared null and void as it has been made on a dispute that cannot be subject to arbitration the article raises the question about the authority competent to declare it null and void. In principle this could be a civil action to the Supreme Court of Cassation. However, is it possible for the court competent to issue a writ of execution to declare incidentally such arbitration judgment null and void and to refuse the execution writ? The conclusion is that this is a check in the substance of the judgment that would functionally change the proceedings for issuing an execution of writ. Thirdly, the articles points out as a risk in the arbitration proceedings the direct effect of the local arbitration judgment similarly to the effects of the court judgment. Our law does not provide for court’s recognition of local arbitration judgment. However the author finds it necessary for the law to provide for such a court’s “sanction” mostly in the authority of the state (judicial) power to allow for the legal effects of the arbitration judgments only if ther comply with the ordre public that is the state legal order. The latest amendment of Article 47 ICAC removes the possibility for ordre public compliance check by the Supreme Court of Cassation. Such check is not provided in the proceedings for issuing a writ of execution as well. Given the liberal method of creating instutional arbitration courts and/or the lack of criteria for selection of arbitrators it is possible for many arbitration judgments to be made contrary to the principles of equality nd fairness that are fundamental for any administration of justice. The risks of the direct effect of local arbitration judgment could be overcome if the proceedings for issuing a writ of execution include a check of the minimum requirements for the debtor to be notified.

Current Issues in Business Law

Author(s): / Language(s): English

This volume contains the scientific papers presented at the Eighth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 16 November 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: National and International Business Law, Business and Corporate Criminal Law, Labor Law in Business Context. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?

Author(s): Andreea Şerban / Language(s): English Publication Year: 0

In a world where technology is progressing at a very fast pace, it is up to the legislator to come up with creative legal instruments that can answer to the newest and most challenging issue that arose and can arise in practice. In the past decades, privacy has become an important resource for the growing businesses or for the ones already renowned in the market that look for a way of expanding their activity. Knowledge is power, data is money – this phrase is representing the core of the present and upcoming companies that wish to develop or distribute their products. The personal information of natural persons are being targeted and used for determining the future and the direction of the market and interest in products and services. Through the present study we shall look at how privacy has been perceived over time, reflected in relevant jurisprudence and legal acts and how it is now understood by both the data subject and the controller. We will study a case that captures the observed practices of obtaining the consent of the data subject for data processing in return for access to certain services, also answering to the following question: is there a value-for-money relationship between the personal data and the benefits received in exchange of processing of information? This paper will cover the issues of monetized privacy and protection of personal data used in trade and commercial businesses, as well as the impact of the European legislation on such activities.

The Contract of Transportation According to Kosovo Legislation

Author(s): Majlinda Belegu / Language(s): English Publication Year: 0

The contract of transport is a contract based on which the transport of personsor goods is done from a place to the other place. This contract is one of the most important contracts in economy and the field of law of a country. By transport two main functions are realized: a) displacement of working objects for producing a new product and b) displacement of finished from a field of production to the field of circulation. By this paper the conditions for concluding of this contract subjects of this contract, its characteristics, types of transport as well as the ways of termination of this contract, will be explained. The methods of systemic and comparison analysis will be used. Efforts will be made for analysis, comparison and interpretation of norms of transport generally as well as the transport of goods, specifically. Transport of passengers is not included. Relations between contracting parts are not regulated only with the Law on Obligation Relations and they are also regulated with the other specific laws depending on the type of the transport. In the contract of transport, the obligation of transporter is an obligation whose objective is achievement of determined result what he concretely is obliged to send to persons, undamaged or goods, passenger or the sender of goods. If the contract of transport is concluded, then are other transports different. Here there appear various types of contracting relations. With the transport of passengers in one side there is the subject that organizes journey (touristic agency) and the passenger, where as with the contract of the transport of goods as parties could appear seller of goods and transporter or the creator of the item and the transporter.

Guarantees, Rights and Obligations in International Trade through Electronic Media

Author(s): Manole Decebal Bogdan,Alisa Valeria Toma / Language(s): English Publication Year: 0

The virtual world and artificial intelligence are a daily "reality". The electronic environment defined as On-Line has taken over a large amount of commercial transactions from the classical environment. Classical trading allows you to meet your partners and negotiate directly. In the international trade from On-Line the partners are not often known and they act on a trust given by the community. Business guarantees no longer fall within the attribute of the state (community of states) that confirms the verifiable existence of the company by registering with the Trade Register and/or by fiscal registration. There is no guarantee in e-commerce! The reliable guarantee of the partner's creditworthinessis the system based on trust and the opinions of the other partners who have used transactions before. There are situations in which the provider does not exist in the form presented on the web page. There are situations in which the partner company only has an Internet domain and in reality, it does not exist. Our paper opens a number of issues that can be debated starting with the statute and the legal definition of companies that actexclusively on-line as "legal persons of private law in the online environment". We assistand participate in a new society that has no defined regulations. How, Who and When will it be able to regulate it?

Uncovering labour trafficking

Author(s): Pekka Ylinen,Anniina Jokine,Anna-Greta Pekkarinen,Natalia Ollus / Language(s): English

Identifying and investigating labour exploitation and trafficking is a challenging task. These are often international crimes in which migrant workers from one or more countries are brought to a third country, where their vulnerable position and ignorance are exploited by the offenders in multiple ways. Labour exploitation is found particularly frequently in labour-intensive sectors such as restaurants, cleaning, agriculture and construction. The present investigation tool was developed in the EU-funded FLOW project, whose target group comprises of criminal investigation authorities and labour inspection authorities in Finland, Bulgaria, Latvia and Estonia. Its purpose is to increase awareness of labour exploitation and trafficking and to offer concrete steps in identifying and investigating these phenomena.

European Merger Control

Author(s): Ovidiu Ioan Dumitru / Language(s): English

Modern European Merger Control Policy is the result of a compelling evolution as, throughout the course of time, the underlying objectives guiding its enforcement have been influenced by different school of thoughts, decisions of the bodies supervising the competition, Commission at EU level and national authorities at the state level, and, of course, the economic evolution of the continent. As a consequence, the European institutions together with the Member States had to amend the initial provisions from the Treaty and, later, from the specific Regulation. This book aims at studying the evolution of the European Merger Control rules, from the founding treaties till the last European act providing it, in parallel, analysing the caselaw in the field and its influence in the reformation process. The final Reform of the European Merger Control was implemented in 2004, as a consequence of globalization and rapid developments of the markets, including the digital economy, as some amendments were essential for a competitive and innovative European single market, leaving us with a amended procedure which is presented in the present book.

Tax cancellation: A comparative analysis

Author(s): Piotr Buława / Language(s): English

This book presents the institution of tax cancellation in the legal systems of Poland, Germany, the Czech Republic, and England in the broader context of tax and insolvency law. It focuses on three particular forms of tax cancellation: administrative tax cancellation, debt relief, and insolvency arrangement. The author uses comparative legal analysis, which allows him to go beyond the usual research paradigms and provides a new perspective for a better understanding of the institution of tax cancellation. Despite significant differences between the analysed legal systems, the issues discussed are universal.

Banking Law in the 21st Century

Author(s): / Language(s): English

This volume includes some of the scientific papers submitted at the 14th historical edition of the International Conference "Contemporary Approaches in Banking and Financial Law" that was held on 15 April, 2021 online on Zoom. The conference is organized every year by the European Association of Banking and Financial Law-Romania together with the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: www.bankingandfinanciallaw.adjuris.ro. The scientific studies included in this volume are grouped into edi-tor's note with presentation of keynote speakers panel remarks and two chapters: Exercise of banking activity, operations and contracts and Activity, organization and functioning of credit institutions. Financial law topics. This volume is aimed at practitioners, researchers, students and PhD candidates in banking law, who are interested in recent developments and prospects for development in this field at international and national level.

Surogacja rzeczowa w kontekście ochrony majątku powierniczego w wybranych systemach prawnych

Author(s): Bartłomiej Woźniak / Language(s): Polish

Autor wykazuje się pogłębioną wiedzą prawniczą z zakresu prawa rzymskiego, angielskiego, polskiego, a także międzynarodowego i obejmującego instrumenty harmonizacji powiernictwa w europejskiej kulturze prawnej. Tekst cechuje duża staranność w doborze i analizie źródeł, zarówno historycznych, jak i prawnych, a formułowane wnioski mają pogłębione merytoryczne uzasadnienie. Przedmiot badań odpowiada na zapotrzebowanie praktyki zarówno na poziomie europejskim, jak i krajowym. dr hab. Mariusz Jerzy Golecki, prof. UŁ Praca Bratłomieja Woźniaka wprowadza do polskiego prawoznawstwa nowe, racjonalne ustalenia na temat doniosłości zasady surogacji rzeczowej dla ochrony majątku powierniczego. Książka wyróżnia się historyczną analizą doświadczenia prawniczego, w oparciu o którą sformułowano wnioski co do kwestii aktualnych dzisiaj. prof. dr hab. Wojciech Dajczak

Prawo fuzji i przyjęć

Author(s): Maciej Mataczyński / Language(s): Polish

Przedmiotem książki jest omówienie podstawowych założeń leżących u podstaw nowelizacji ustawy z 24 lipca 2015 r. o kontroli niektórych inwestycji dokonanej ustawą z 19 czerwca 2020 r. o dopłatach do oprocentowania kredytów bankowych udzielanych przedsiębiorcom dotkniętym skutkami COVID-19 oraz o uproszczonym postępowaniu o zatwierdzenie układu w związku z wystąpieniem COVID-19. Nowelizacja wprowadziła nadzwyczajny reżim kontroli inwestycji zagranicznych. Prace nad Nowelizacją rozpoczęły się już w marcu 2020 r., krótko po wybuchu epidemii. Warto przypomnieć, że reakcją rynków finansowych na całym świecie na pandemię była krótkotrwała panika i wyprzedaż, która doprowadziła do drastycznego spadku kursów akcji. Polska, kraj wciąż traktowany jako rynek rozwijający się, a więc obciążony dodatkowymi ryzykami, doświadczyła równocześnie gwałtownego spadku wartości polskiego złotego i spadków notowań na warszawskiej giełdzie. Równoczesne zajście obu tych procesów sprawiło, że majątek polskich przedsiębiorców, w tym spółek należących do Skarbu Państwa, został z dnia na dzień drastycznie przewartościowany.  Rozważania rozpoczyna analiza kompetencji w zakresie kontroli inwestycji zagranicznych w Unii Europejskiej. Następnie omówiony zostaje zakres przedmiotowy i podmiotowy, w szczególności problematyka obejścia prawa. W dalszym ciągu przedmiotem analiz są przesłanki wyrażenia sprzeciwu oraz problematyka sankcji. Rozważania zamyka analiza wybranych zagadnień proceduralnych i kolizyjnoprawnych aspektów kontroli inwestycji zagranicznych. 

Muhasebe Deneti̇mi̇ni̇n Türk Hukuk Si̇stemi̇ndeki̇ Yeri̇ni̇n İncelenmesi̇ (İcra İflas Kanunu, Türk Ti̇caret Kanunu, Vergi̇ Usul Kanunu açisindan)

Author(s): Mehmet A. YÜZBAŞIOĞLU / Language(s): Turkish

Accounting auditing is the auditing of the compliance of the financial statements, financial situation data and activity results of the enterprises with the legal regulations. In this context, accounting audit and law are multidisciplinary fields. The fact that these fields are fields of study in their own right and that they are studied in different departments has led to the relative isolation of accounting audit and legal discipline from each other. The biggest problem that emerged as a result of this abstraction is that a good lawyer's knowledge of financial auditing remains relatively weak, while a good financial auditor's knowledge of law remains relatively weak. In this study, which was carried out within the scope of doctoral thesis, accounting auditing and the legal dimension of accounting auditing were examined in depth. As a result of the study; The financial statements audited in the accounting audit process carried out according to the Turkish Commercial Code are not the financial statements prepared by the company in accordance with the Tax Procedure Law, instead of these statements, the financial statements prepared within the framework of the accounting and auditing standards published by the Public Oversight Agency are the statements audited in the accounting audit. Since the financial statements prepared according to the reporting standards adopt the commercial profit (commercial balance sheet) principle, the tables prepared according to the Tax Procedure Law adopt the financial profit (financial balance sheet) principle, since the accounting audit desired to be carried out according to the Turkish Commercial Code cannot be performed on the financial statements prepared within the scope of the Tax Procedure Law. It has been concluded that the legislators should carry out studies to ensure the compatibility of the financial statements and books of the enterprises in terms of the Turkish Commercial Code and the Tax Procedure Law.

Granice dopuszczalnej modyfikacji ustawowej zasady reprezentacji spółek kapitałowych przez zarząd

Author(s): Izabella Zagórna / Language(s): Polish Publication Year: 0

Capital companies are the dominant organizational and legal form of Polish enterprises. The issue of performing legal actions by commercial law companies is one of the most important political issues of these entities, which makes company representation one of the most up-to-date aspects of private law. The author analyses the questions concerning the issue of contractual admissibility or statutory differentiation of representation of the enterprise by the members of the board in terms of its entity and subject matter, as well as the effectiveness of such restrictions against third parties.

The Unilateral Promise to Enter a Contract

Author(s): Diana-Geanina Ionaş / Language(s): English Publication Year: 0

The conclusion of a contract can occur in a spontaneous manner, by unequivocally accepting an offer, or preceded by negotiation between parties, whether extensive or simpler. Within these negotiations, the parties can conclude certain preparative contracts which precede the conclusion of the main contract. Among these is the unilateral promise to enter a contract. In practice, it is often difficult to choose between the options provided by the lawmaker so that the document is an accurate expression of the parties’ will. Therefore, legal construction requires clear and precise theoretical approaches that establish the validity conditions, the nature, and legal effects of the contract to efficiently protect the parties. The current paper presents an extensive study of the unilateral promise to enter a contract, from a historical perspective, by pointing out and commenting on the controversial aspects of specialty literature. By using the comparative method, the paper describes the institution of the unilateral promise to enter a contract in relation to other systems of law, thus being a useful tool for both doctrinarians and practitioners.

Предаја ствари купцу у уговору о продаји

Author(s): Ilija Babić / Language(s): Serbian Publication Year: 0

In a sales contract, it is the duty of the seller to transfer ownership of the thing (goods) to the buyer. The seller will have fulfilled his obligation when he has delivered the goods to the buyer, i.e., has provided him with the right of ownership of the goods being sold (when such right is the subject of a sale). Generally, in most European legal systems (Serbian included), in order to acquire ownership it is necessary not only that the contract be concluded (causa, titulus) but also that the goods which are the subject of a sale be delivered to the buyer (modus acquirendi). At the moment of delivery, the risk of loss or damage to the goods passes to the buyer. On the other hand, the French, Swiss and Italian civil codes include the rule stipulating the ownership of the goods (being the subject of a sale) is transferred to the buyer at the moment of the conclusion of a contract. From that moment on, the buyer bears the risk of accidental loss or damage to the goods (the right). Acquisition of the right of ownership over the sold goods, however, differs depending on the type of property (movable or immovable). The subjects of the sale and delivery include: the principal thing (the principle right), the appurtenance, and the fruits.

Declaraţia Universală a Drepturilor Omului – moment important în dezvoltarea dreptului drepturilor omului

Author(s): / Language(s): Romanian

This volume presents the significance of the Universal Declaration of Human Rights (UDHR) in the evolution of international human rights law. It examines how the UDHR laid the foundation for the development of subsequent human rights treaties and frameworks, influencing both national and international legal systems. It delves into the historical context of the UDHR's adoption, the key principles it enshrines, and its lasting impact on global human rights discourse. It also addresses the challenges and criticisms faced by the UDHR over the decades, highlighting its role as a cornerstone of modern human rights advocacy and legislation.

Corporate and Financial Law Handbook

Author(s): Dilyan Nachev,Hristina Tancheva,Irina Bogdanova,Savina Mihaylova-Goleminova,Marina Stefanova,Ivan Ruschev,Georgi Spasov,Simona Veleva,Nevin Feti,Orlin Kolev,Desislava Kalcheva,Reni Pancheva,Mario Milov,Magdalena Vlahova-Veleva,Iva Petkova,Julia Jarova,Nikoleta Kuzmanova,Kiril Kamenov,Dimitar Elkov / Language(s): English

The book is intended for the English language programmes of the Faculty of Economics and Business Administration (FEBA), Sofia University “St. Kliment Ohridski”, including the professional school for computer programming and innovations in the city of Burgas. The subject matter of the Corporate and Financial Law Handbook is complex and multifaceted, proving that there is a need for joint studies, involving both lawyers and economists. The present Handbook is a good example of such a collaboration. The authors of the different chapters of the Handbook are experienced professionals in their field. In their analysis of the various topics, they demonstrate that Bulgaria has its own traditions in the different fields of legal and economic doctrine but upholds EU values and their legal foundations along its path toward European integration. The subject matter of the Handbook is interdisciplinary, complex and varied. Hence, an interdisciplinary method is used, with view of the specifics and diversity of the reviewed topics thanks to the editor Assoc. Prof. Savina Mihaylova-Goleminova. This is a book for lawyers and non-lawyers written by lawyers and economists. Internet content has been used freely, with proper identification of sources.