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Одговорна лица у случају постојања материјалних недостатака ствари у праву БиХ

Одговорна лица у случају постојања материјалних недостатака ствари у праву БиХ

Author(s): Tijana Baćović / Language(s): Serbian Publication Year: 0

Regarding consumer protection, a crucial question is who the consumer can approach to enforce their rights due to defects in the purchased goods. In this study, we will delve into the entities accountable in situations involving defects in goods as outlined in the legal framework of Bosnia and Herzegovina (BiH). As BiH operates under two distinct laws for consumer protection, namely the Law on Consumer Protection of BiH and the Law on the Consumer Protection of Republic of Srpska (RS), we will ascertain whether consumers on the entire territory of BiH are afforded an equivalent level of protection in such scenarios. We will underscore the necessity of aligning regulations across BiH and assess their compatibility with EU directives designed to safeguard consumers as a distinct category of purchasers. Furthermore, we will put forth recommendations for enhancing consumer protection, particularly concerning the responsible parties in cases involving material defects.

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Право и електронска трговина - да ли норма прати и контролише технологију и иновације?

Право и електронска трговина - да ли норма прати и контролише технологију и иновације?

Author(s): Igor Kambovski / Language(s): Serbian Publication Year: 0

Every newly conquered or at least touched border, in all spheres of society, is characterize by the lack of laws that would regulate that "newly conquered territory". In the past, lawmakers had to face and obey the challenges arising from specific social conditions and specific communities or nations. International law bridged the gap, but it often took years and decades for a particular legal norm to be formulated, agreed upon, and put into effect. But it was so before and during industrial revolution, before technology began to guide us, our society and our institutions; before our dependence on a world governed by computers and the Internet began, in which man had to find his place, prosperity and well-being. In the meantime, the Internet has developed to unprecedented proportions, leading to the emergence of E-commerce, which brought about a revolution in providing commercial services. The creation of law is a complicated and slow process, and technological advances are to rapid, so there is a problem and a dilemma: can law keep pace with the dynamic changes and development of information and communication technologies? Every new law that governs the relationships arising from new technologies quickly becomes obsolete, and there is a need for its revision and modification., and so on, ad infinitum. This contributes to the creation of legal norms that are too broadly set or imprecise to be lasting, which in turn increases legal uncertainty, which then, inversely proportionally, affects the trust among entities that participate in E-commerce. Also, technical achievements create certain practical standards much faster than the law is able to regulate them. Therefor, a standard de facto becomes a norm long before the law normatively supports such a standard.

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Забрана уговорних ограничења на производима - случај Impression Prods., Inc. v. Lexmark Int'l, Inc.

Забрана уговорних ограничења на производима - случај Impression Prods., Inc. v. Lexmark Int'l, Inc.

Author(s): Njegoslav Jović / Language(s): Serbian Publication Year: 0

The decision of the US Supreme Court in Impression Products v. Lexmark Int'l. sets a precedent and establishes a regime of international patent exhaustion in the US. According to this ruling, a patent holder who sells a product exhausts the patent authority on that product, regardless of any restrictions it intends to impose on the product or the location of the sale. This ruling significantly weakened the position of US patent holders. The ban on post-sale restrictions in Impression Products is a crude instrument compared to the justifications offered for it. In its favor, the rule of per se exhaustion on sale is simple and easy to understand, but because it is categorical, it does not distinguish the harmful effects of post-sale contractual restrictions from the many beneficial ones. US antitrust law on limited distribution began similarly, adopting categorical rules per se that changed and eventually gave way to nuanced treatment under the rule of reason. An examination of the types of contractual restrictions imposed in patent exhaustion cases indicated that they are used for different purposes and with different effects. Therefor, introducing a complete ban on imposing post-sale restrictions come in various forms, with different effects on competition or innovation. The system of rules for reviewing and enforcing such restrictions must take these differences into account, and patent laws should include provisions that should be sensitive to the different market situations in which patents may arise. by introducing a complete ban on contractual restrictions on products and the international patent exhaustion regime, US Supreme Court significantly changed the previous practice of lower courts and allowed parallel trade. Therefor, it significantly affects the business practice of economic entities in the USA, which will have to change the current concepts of placing products on the market that are covered by patent protection.

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An Introduction to Legal Theory (Fundamental Legal Notions and Concepts)
4.50 €

An Introduction to Legal Theory (Fundamental Legal Notions and Concepts)

Author(s): Dilyan Nachev / Language(s): English Publication Year: 0

This Chapter’s main purpose is to outline and present the basic features of some of the most fundamental legal concepts. It starts by offering a definition of Law and distinguishing it from other similar social phenomena and then attempts to draw up a simple mind map of various legal notions and their theoretical and practical manifestations.

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Basic Concepts of Budget Law and Budget Process in Bulgaria
4.50 €

Basic Concepts of Budget Law and Budget Process in Bulgaria

Author(s): Desislava Kalcheva / Language(s): English Publication Year: 0

This chapter presents the legislation and basic concepts related to the budgetary process in Bulgaria. The main stages associated with the approval of the state budget in Bulgaria are analysed. The budget process is a phased process where the different stages are: drawing up of the draft budget, adoption, implementation, and approval of the report on implementation of the State Budget. The main elements related to each of the stages of the budget process are presented. The timeframe of the process is summarised. The chapter also provides a characterization of all parties involved in the process. The essence of the budgeting programme is also presented. The role and significance of the Fiscal Council of Bulgaria are highlighted, along with the commitments that the Council has in relation to the budgetary process.

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Foundations of Budget Law and Budget Process in the European Union
4.50 €

Foundations of Budget Law and Budget Process in the European Union

Author(s): Desislava Kalcheva / Language(s): English Publication Year: 0

The legislation of the European Union (EU) is a complex system that encompasses a wide range of legal acts and regulations. The EU legislative process involves several institutions, and the laws adopted at EU level are binding on all member states. The purpose of this chapter is to present an analysis of the legislative framework of the budgetary process at European Union level. Issues related to key principles of the EU, the Multiannual financial framework and the Annual budget of the EU as well as the 2021–2027 long-term EU budget and the next generation instruments for EU recovery are also analysed.

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Legal Foundations of Sustainable Finance
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Legal Foundations of Sustainable Finance

Author(s): Reni Pantcheva / Language(s): English Publication Year: 0

This chapter introduces the concept of sustainable finance and its underlying principles adopted by financial institutions and investors. The exploration encompasses international and European Union initiatives aiming to establish a standardised framework for sustainable finance. Strategic regulations, such the Taxonomy for sustainable activities applied in the European Union and its member states, are reviewed as well. Learning to navigate through core tenets, regulations and sustainable finance instruments provides a comprehensive understanding of the risks and opportunities associated with fostering sustainability within the financial sector.

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Trends in the Field of Financial Control and Audit in the Public Sector
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Trends in the Field of Financial Control and Audit in the Public Sector

Author(s): Savina Mihaylova-Goleminova / Language(s): English Publication Year: 0

This chapter presents the key aspects of financial control and audit in the public sector. ‘Financial Control’, ‘Supervision’ and ‘Audit’ are presented within the fourth component of the subject of legal regulation of Financial Law, stemming from their nature and legal regulation in positive law.

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Protection of the Financial Interests of the European Union. The Bulgarian Case
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Protection of the Financial Interests of the European Union. The Bulgarian Case

Author(s): Savina Mihaylova-Goleminova / Language(s): English Publication Year: 0

This chapter presents the key aspects of protection of the financial interests of the European Union, including the relevant legal and institutional framework, theory and practice of irregularities and financial corrections, issues related to implementation of the Recovery and Resilience Facility, rule of law and the management of EU Funds

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Public Procurement – European and National Legal and Institutional Framework: Basic Concepts
4.50 €

Public Procurement – European and National Legal and Institutional Framework: Basic Concepts

Author(s): Mario Milov / Language(s): English Publication Year: 0

This chapter presents information on the overall process of public procurement (forecasting, planning, preparation, procurement and appeals), not claiming to be exhaustive and comprehensive, but aiming to present the norms in action and provide an idea of how the abstract rules for procurement manifest in practice, what challenges and what paths are considered to be in line with the law by contracting authorities, who are called upon to protect legal order in the spending of public funds. It must be noted that skills, and not so much knowledge itself, can make the difference in overcoming the challenges that may be faced by those professionally involved in procurement matters. This in turn can result in increased personal expertise and, more broadly, to meeting the objective of lawful but efficient use of public resources.

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Bulgaria’s Accession to the Eurozone
4.50 €

Bulgaria’s Accession to the Eurozone

Author(s): Magdalena Vlahova-Veleva / Language(s): English Publication Year: 0

This chapter presents the key aspects of the Bulgarian path towards the eurozone. Article 140 of the c (TFEU), one of the two treaties establishing the constitutional basis of the European Union, sets out the convergence criteria to be met prior to euro adoption. The latter include the criterion for price stability, the criterion on a sustainable government financial position, criterion on exchange rate levels and criterion on long-term interest-rate levels. Moreover, the compatibility of national legislation with EU law, including the statutes of national central banks, also needs to be examined. The fulfilment of these conditions is assessed every two years or at a request of a member state, as the EC and the ECB issue convergence reports. The process of transition to the third stage of the economic and monetary union includes joining Exchange Rate Mechanism II, the attainment of the respective post-commitments, the establishment of a Coordination Council for preparation of Bulgaria for eurozone membership, the elaboration of a National Euro Changeover Plan, the drafting and adoption of an Act to regulate the adoption of the euro in the Republic of Bulgaria and other important activities related to the process of preparation for eurozone membership.

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Strategic Documents in the Field of Circular Economy. Funding Opportunities
4.50 €

Strategic Documents in the Field of Circular Economy. Funding Opportunities

Author(s): Mario Milov / Language(s): English Publication Year: 0

The circular economy is a sustainable alternative that aims at economic growth and environmental protection at the same time. Its model attempts to extend the life cycle of products. In practice, this means sharing, borrowing, reusing, repairing and recycling existing materials and products for as long as possible. When a product reaches the end of its life, the materials that make it up continue to have other uses. This can be repeated over and over again, thus minimising waste disposal. The increasing consumption of resources and the environmental consequences it causes require a change in the economic model. The concept of a circular economy is part of this change. Its notion is built in opposition to the traditional linear model, where raw materials are used to make things and products which are then consumed and the leftovers thrown away. This model relies on large quantities of cheap and available materials and energy sources.

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Shared Management of EU-backed Financial Instruments in Cohesion Policy. Combination of Support: Grants and Financial Instruments – a Step Backward or a Watershed Moment for Cohesion Policy Financial Instruments?
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Shared Management of EU-backed Financial Instruments in Cohesion Policy. Combination of Support: Grants and Financial Instruments – a Step Backward or a Watershed Moment for Cohesion Policy Financial Instruments?

Author(s): Iva Petkova / Language(s): English Publication Year: 0

This chapter examines the growing role of the Cohesion policy of the European Union and its evolvement from a redistribution mechanism in the 1980’s to the main investment policy of the Union 20 years later. Special attention is paid to its ability to cope with multiple crises and to the dynamics in its delivery mechanisms in a shared management context – the change in the rationale from alternative use between grants and financial instruments (FI) to their combination. The main focus of the chapter is the proposed combination of financial instruments (FI) with grants, allowed under Article 58(5) of the Common Provisions Regulation 2021/1060, and its potential implications for the 2021–27 programming period. Is this a step backward or a breakthrough moment for the deployment of FI under the Cohesion policy, having in mind its new digital and green dimensions?

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Green Claims and Greenwashing by Financial and Non-Financial Undertakings. Sustainable Constructions
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Green Claims and Greenwashing by Financial and Non-Financial Undertakings. Sustainable Constructions

Author(s): Julia Jarova / Language(s): English Publication Year: 0

This chapter examines the legal phenomenon of ‘green claims’, ‘sustainability-related claims’ and greenwashing as phenomena emerging in the transition to a sustainable economy. The analysis identifies the key role of sustainable finance in the green transition in the context of greenwashing risks. The chapter also reviews the Taxonomy-eligibility assessment. It examines the legal framework regulating green claims, ‘sustainability‐related claims’, ‘sustainability-related disclosures’ and greenwashing, as well as legislative initiatives. It also provides a high-level review of the criteria for sustainable financing in the real estate sector.

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Criminal Law – Basic Concepts and Institutes. Individual Types of Crimes. Criminal proceedings
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Criminal Law – Basic Concepts and Institutes. Individual Types of Crimes. Criminal proceedings

Author(s): Nikoleta Kuzmanova,Kiril Kamenov / Language(s): English Publication Year: 0

This chapter presents in a nutshell some issues of criminal law. The basic concepts, institutes, individual types of crimes and criminal proceedings are presented based on the legislation in force. Criminal law is presented as a branch of the Bulgarian legal system.

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Artificial Intelligence Regulations
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Artificial Intelligence Regulations

Author(s): Dimitar Elkov / Language(s): English Publication Year: 0

The present chapter presents current trends in the field of the advancement of artificial intelligence (AI). AI poses unprecedented legal challenges, necessitating proactive regulatory intervention. This chapter analyses AI regulation trends, emphasising the crucial need for robust ethical standards, transparency, and accountability frameworks in AI development and utilisation. By integrating legal principles, historical trends, research, and technical aspects, the analysis advocates for comprehensive regulatory systems capable of effectively addressing AI-related challenges while fostering innovation and public welfare in the digital age. The European Union’s proactive approach to AI governance is also reviewed.

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Relation Between Bankruptcy and Civil Proceedings in Terms of Subject Matter and Territorial Jurisdiction: the Need for Establishment of Commercial Courts in FBiH

Relation Between Bankruptcy and Civil Proceedings in Terms of Subject Matter and Territorial Jurisdiction: the Need for Establishment of Commercial Courts in FBiH

Author(s): Viktorija Haubrich,Marija Vidić,Mirjana Kevo / Language(s): English Publication Year: 0

A bankruptcy proceeding is a special type of civil court proceeding and is conducted by the court which has subject matter and territorial jurisdiction in the area where the registered office of a legal entity or the residence of an individual debtor is located. In this paper, the authors explore the relationship between bankruptcy proceeding and civil proceeding regarding the determination of subject matter jurisdiction and territorial jurisdiction for bankruptcy cases, as well as the attraction of civil proceedings regarding territorial jurisdiction. The paper focuses on the analysis of legal regulations concerning subject matter jurisdiction, general delegation, and comparison with the aim of prescribing de lege ferenda regulations for the establishment of specialized commercial courts for commercial cases and bankruptcy proceedings in the Federation of Bosnia and Herzegovina.

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On the Pre-Contractual Information Duty in the Field of Electronic Commerce: a Comparative Analysis of EU and Chinese Law

On the Pre-Contractual Information Duty in the Field of Electronic Commerce: a Comparative Analysis of EU and Chinese Law

Author(s): Zhibo Luan / Language(s): English Publication Year: 0

The pre-contractual information duty of electronic commerce contract is quite distinctively stipulated in different legal systems. In the European Union, according to the Directive 2000/31/EC, the Directive on Electronic Commerce, a large amount of necessary information of three levels is required to be published or provided to the receivers of information society services. In the process of incorporating of this Directive, Italy, France and Germany followed distinct paths and even designed distinct rules. Apart from the rules related to the Directive, the civil codes of member states stipulate a general pre-contractual information duty towards the conclusion of every single contract, while the consumer protection laws, or the codes of consumption, regulate this duty at the scene of contracting with consumers. On the contrary, in China, the Electronic Commerce Law dispersed the normative group of that duty in several sections but in less detail. Furthermore, the Civil Code and the Consumer Protection Law have established a number of universal rules. The administrative measures and judicial decisions act as an indispensable supplement, completing the normative system about that duty and reflecting a rather unique thought of regulation in the field of e-commerce.

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ПРИЛОЖЕНИЕ НА НОРМАТИВНИТЕ ИЗИСКВАНИЯ ЗА ОТЧИТАНЕ НА УСТОЙЧИВОСТ В БЪЛГАРИЯ

ПРИЛОЖЕНИЕ НА НОРМАТИВНИТЕ ИЗИСКВАНИЯ ЗА ОТЧИТАНЕ НА УСТОЙЧИВОСТ В БЪЛГАРИЯ

Author(s): Nadezhda Popova-Yosifova / Language(s): Bulgarian Publication Year: 0

The accounting legislation in Bulgaria, in line with the global trends for reporting sustainable development of companies, was further developed with norms that oblige certain categories of enterprises to prepare and publish a sustainability report. The purpose of this publication is to put some emphasis on the new legal requirements, pointing out problems in their application and outlining possible solutions.

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ПРАВНИ АСПЕКТИ НА МЕДИЦИНСКИТЕ ДЕЙНОСТИ ОТ РАЗСТОЯНИЕ

ПРАВНИ АСПЕКТИ НА МЕДИЦИНСКИТЕ ДЕЙНОСТИ ОТ РАЗСТОЯНИЕ

Author(s): Maria Ivanova Radeva / Language(s): Bulgarian Publication Year: 0

Traditionally, the provision of medical services has been perceived as direct contact between doctor and patient. With the advancement of technology, a number of medical activities can now be performed remotely. Unlike the rapid development of technology, the law requires more time to explore and regulate emerging social relations. The article examines national legal solutions regulating the performance of medical activities from a distance.

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