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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.

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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.

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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.

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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.

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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.

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Characteristics of the Dissolution of Non-Banking Financial Institutions

Author(s): Claudiu-Daniel Telicenu / Language(s): English Publication Year: 0

This paper deals with a fundamental aspect of the legal framework of companies, i.e. the end of the existence of companies, by dissolution and liquidation. We consider that tackling such a topic is very current and fully justified theoretically and practically. Companies reflect the evolution of the society in which they coexist, being undeniably linked to the economic life of civil society. Similar to natural persons, legal persons are born, they carry out their social life according to the purpose for which they were created and disappear through dissolution and liquidation. The presentness of this paper results, thus, not only from the fact that the existence of companies as "engines" of social life affects the entire civil society, but also from the fact that, in the current economic context, the study of companies’ operations of dissolution and liquidation is extremely appropriate for legal practitioners and others.

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Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes

Author(s): Harsh Pathak / Language(s): English Publication Year: 0

In international business charterparty is a main legal contract of engaging a vessel for transportation of cargo. It is a highly important document since it defines the performance obligations as rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, i.e. the shipowner and the charterer. The proper incorporation, interpretation and understanding of charterparty terms is crucial for chartering business. Therefore, this paper based on the observations of the various judicial authorities, emphasis on the main types of charter and deals with usual clauses qua distribution of the liabilities and expenses between the ship-owner and the charterer. More specifically, type of the charter, important clauses in the charterparty for suitability of the vessel, its seaworthiness, the avoidance of unjustifiable deviations, the ship’s arrival at the port, the loading and discharging operations, the delivery of cargo, liabilities, exceptions to liabilities etc. The instant paper is based on shipping practices followed in accordance with international and English common laws in pre-to-post fixture in execution of chartering process. As chartering is one of the most critical commercial operation under international business contracts with significant operational, financial and legal consequences.The deliberations in this paper is from a contractual and legal perspective to understand this special purpose contract for better execution and avoidance of disputes.

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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?

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Constitutional Guarantees for Ownership Rights and the Development of the Market Economy

Author(s): Ivan Pankevych / Language(s): English Publication Year: 0

This paper presents an analysis of constitutional guarantees for ownership rights set in the key legislation of European states and their impact on the market economy growth. It focuses primarily on the evaluation of the guarantees set in the Constitution and other acting laws of Ukraine granting the ownership rights. In this study, the author employed such research methods as logical, observation, comparative law analysis, etc. The market economy is the opposite of planned economy since decisions are made on production, distribution, pricing, or investments by the owners of production means guided by their interests. Therefore, the topic of constitutional guarantees for ownership and the development of the market economy in post-Soviet and post-Socialist European states can be considered exclusively upon their regained independence (in case of former Soviet Union republics) or upon the collapse of the Socialist system and the termination of activities of the Council for Mutual Economic Assistance (in case of most European post-socialist states). A state would always pursue to restrict private ownership. The right cannot be considered as absolute but it shall be reliably protected by the state against any claims. Ownership rights, in line with such rights and freedoms as freedom of entrepreneurial activity, freedom of contract, freedom to choose the place of employment and residence, establish the legal framework for the market. This article may be of value to students of law and economics faculties, experts in the theory of law, constitutional law, and civil law.

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Понятието за публично вземане и неговото развитие в българското право

Author(s): Donka Pehlivanova / Language(s): Bulgarian Publication Year: 0

A state's fiscal policy is a key pillar in its governance and provision of necessary funds in the form of public claim. Without the latter, the state as an organizational unit could not exist and develop. The task of the report is to trace the development of the concept of public revenue in Bulgarian law, being limited in the period from the establishment of the Third Bulgarian State to this moment. Accordingly, three stages will be examined in turn, namely: first stage – Kingdom of Bulgaria, second stage – Bulgaria during socialism and third stage – revenue legislation in modern development.

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Предпоставки за предявяването на иск за неоснователно обогатяване след прескрибирането на менителничния ефект

Author(s): Borislav Naydenov / Language(s): Bulgarian Publication Year: 0

Pursuant to Art. 531, para.1 of the Bulgarian Commercial Act, the claims regarding the bill of exchange against the payer shall be repaid within a three-year prescription from the maturity day, while pursuant to Art. 532 of the Bulgarian Commercial Act, the prescription period shall be interrupted only in respect of the person against whom the act was committed. The same rules regarding the prescription apply to the promissory note (arg. Art. 537 of the Bulgarian Commercial Act).With the expiry of the three-year prescription period, the applicant’s right of claim shall be extinguished, with a legal basis Art. 417, item 10 of the Bulgarian Civil Procedure Code.The expiration of the prescription period under Art. 531, para.1 of the Bulgarian Commercial Act does not extinguish the right of the bearer of the promissory note to demand from the debtor the payment of the due amount. Art. 534, para.1 of the Bulgarian Commercial Act enables the holder of a security order to lodge a claim for unjust enrichment against the issuer or the payer upon them, when:1. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to prescription; 2. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to failure to take the necessary actions to preserve the rights thereon.Insofar as no comprehensive study of the subject is made in the specialized legal literature in Bulgarian, this article is the first in the contemporary Bulgarian legal doctrine a detailed analysis of the theoretical and practical problems of the claim, with a legal basis Art. 534 of the Bulgarian Commercial Act.The article also provides a detailed critical analysis of the case law of the Supreme Court and the Supreme Cassation Court of the Republic of Bulgaria on the subject, as well as a comparison with the old practice of the Supreme Cassation Court of the Kingdom of Bulgaria.A number of practical and theoretical hypotheses have been considered, including the issue of the debtor's unjust enrichment on the bill of effect, the objection of "cashlessness" of the bill of exchange, and other options for the development of the court proceedings on the claim, with a legal basis of Article 534 of the Bulgarian Commercial Act.

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Перспективата на преюдициалното запитване пред Съда на Европейския съюз по закона за мерките срещу изпирането на пари

Author(s): Joanna Shuleva / Language(s): Bulgarian Publication Year: 0

The prospect of the reference for a preliminary ruling before the Court of Justice under the Anti – Money Laundering Act is based on the hesitant application of the principles of EU law in money laundering cases. The purpose of the reference for a preliminary ruling is to achieve uniformity in the application of the rules of EU law and this depends to a large extent on the Court of Justice and on its interaction with national courts.

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Организирано туристическо пътуване: елементи, етапи, договори

Author(s): Zlatina Karadzhova,Zahary Tormanov / Language(s): Bulgarian Publication Year: 0

The contribution of tourism to the development of national economies is substantial and, in the long term, is steadily increasing. The rapid development of the tourism industry raises the need for adequate legal regulation of tourism activity internally, and internationally there are clear tendencies to align the legal framework and achieve common standards for tourism. The report examines the elements, stages and contracts for organized travel. The aim is to expose the product to the tour operators, which is also the object of the survey. The striving is to cover as fully as possible the analyzed issues.

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Правото на предложения по включени въпроси в дневния ред – национално и наднационално законодателно средство за ангажиране участието на акционерите в дружествата на ЕС

Author(s): Zlatka Vangelova / Language(s): Bulgarian Publication Year: 0

This research discusses the existence of tendency at a national and supranational level in EU for engagement of more active shareholder participation in the joint-stock companies with the purpose of more optimal corporate governance and enhanced companies’ competitiveness. As a proof is used the availability of legal regulation of the shareholder’s right to include draft resolutions on the agenda both at a supranational level in Directive 2007/36/EC for listed companies and at a national level in a number of European legislations for privately held companies. A synopsis of the regulation of the right to include draft resolutions on the agenda in closely held companies in Germany, Austria, France, the United Kingdom and the Russian Federation is made.

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ДЕЙСТВИЕ НА СТОПАНСКАТА НЕПОНОСИМОСТ В НЕМСКАТА ПРАВНА СИСТЕМА

Author(s): Ivaylo Ikonomov / Language(s): Bulgarian Publication Year: 0

The report analyzes the approach of legislature and judges towards the implementation and application of the hardship doctrine in German civil law. The study is focused on the historical evolution of hardship in the German legal system and the contemporary prerequisites for its application and effects thereof. The codification of hardship in German law in § 313 of the Bürgerliches Gesetzbuch in 2002 is considered in the international legal community as the most balanced and just approach in dealing with change of circumstances due to its flexible and open nature. Because the German approach has similarly been adopted by the Bulgarian legislature in art. 307 of the Commercial Code, its in-depth study is instrumental in improving the understanding and application of hardship with regard to the sustainable development and progress of Bulgarian commercial law.

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Заплашване при договарянето

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The article addresses the main lines of the historical development of the institution, through a comparative perspective, from the beginning of the XIX century until today. It refers to the regulation of the civil laws – models of continental legal system (French and German), together with this of the Italian and Bulgarian law. The elements of the factual composition of this ground for annulment of the contracts [under Art. 30 of Bulgarian Law of Obligations and Contracts (LOC)] are stated. A brief analysis of the regulation of soft-law sources is made.

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Павловият иск и неговите проявления в съвременния граждански и търговски оборот

Author(s): Yordanka Noneva-Zlatkova / Language(s): Bulgarian Publication Year: 0

Civil and commercial relations in today’s realities of technological and technical progress are developing at an extremely fast pace so as to respond to civil and commercial situation. Despite this progress, Actio Pauliana continues to exist in today’s legal reality. It is an institution that has retained its significance since the time of Roman law and is still evolving today. This material represents an analysis of the case law under Art. 135 of the Bulgarian Law on Obligations and Contracts, highlighting the significance of the Interpretative Decision No. 2 of 09.07.2019 in case 2/2017 of the General Assembly of the Civil and Commercial Division of the Bulgarian Supreme Court of Cassation for unification of jurisprudence and making a parallel with the Actio Pauliana in the commercial law and its specific features.

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Проблемни въпроси при прилагането на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 от ТЗ за вписване на решения на Общото събрание в търговския регистър

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian Publication Year: 0

The subject of the report deals with some issues in the application of Art. 140, Para 3 and Art. 230, Para 3 of the Commercial Act concerning the entry of decisions of the General Assembly of a capital trading company in the Commercial Registry. Court practice on the application of Art. 140, Para 3 of the Commercial Act in particular has been analyzed. Proposals de lege ferenda are made.

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Отговорност за вреди на участниците в процедурата по издаване на европейска заповед за запор на банкови сметки

Author(s): Radostina Nikodimova / Language(s): Bulgarian Publication Year: 0

Regulation (EU) No 655/2014 establishes a differentiating procedure for issuing a European Account Preservation Order for the collection of claims in civil and commercial cross-border cases. Each of the parties involved must comply strictly and in good faith with the rules of the Regulation and national law.Any violation affects the security of civil and commercial turnover at the supranational level. This statement seeks to clarify the liability of entities in the cross-border procedure for issuing a European Account Preservation Order.

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Задължението на синдика да информира известните чуждестранни кредитори в производството по несъстоятелност

Author(s): Daniel Yordanov / Language(s): Bulgarian Publication Year: 0

The subject of the report is the duty of the insolvency practitioner to inform the known foreign creditors of an entity in insolvency proceedings, as provided for in Art. 40 of Council Regulation (EC) 1346/2000 and in Art. 54 of Regulation (EU) 2015/848 of the European Parliament and of the Council. The approaches of each of the Regulations are examined, as well as the subsequent problems arising from their application in Bulgaria. The applicable case-law of the Bulgarian courts is also reviewed.

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