„Przestępstwa wrześniowe” w orzecznictwie Sądu Specjalnego w Katowicach (Sondergericht Kattowitz). Część II: Przestępstwa przeciwko zdrowiu i wolności

Author(s): Konrad Graczyk / Language(s): Polish / Issue: 1/2019

The two-part study concerns the so-called “September crimes” (i.e. the actions of Poles on grounds of nationality against Germans after the outbreak of World War II) in the jurisprudence of the Special Court in Katowice (Sondergericht Kattowitz).The second part of the study concerns “September crimes” directed against health and freedom. The criminal proceedings in these matters were discussed in detail. Particular attention was paid to the arrangements described in the indictment and the findings of the evidentiary proceedings before the court. The circumstances taken into account by the court in assessing particular evidence and legal qualification were presented. In the summary, the results of the Sondergericht Kattowitz case studies in cases related to September accidents were compared to the case law of the Special Court in Bydgoszcz. This comparison showed that both the size of the sentence, as well as the manner and quality of the proceedings by the Sondergericht Kattowitz significantly differed from the Bydgoszcz court. As a consequence, none of the analyzed cases was classified as a judicial crime.

Întrebări şi răspunsuri

Author(s): Ştefan ENE / Language(s): Romanian / Issue: 3/2011

Întrebări şi răspunsuri

Întrebări şi răspunsuri – dreptul muncii

Author(s): Specified No Author / Language(s): Romanian / Issue: 1/2011

Întrebări şi răspunsuri – dreptul muncii

Întrebări şi răspunsuri – dreptul securităţii sociale

Author(s): Specified No Author / Language(s): Romanian / Issue: 2/2011

Întrebări şi răspunsuri – dreptul securităţii sociale

Întrebări şi răspunsuri – dreptul securităţii sociale

Author(s): Specified No Author / Language(s): Romanian / Issue: 1/2011

Întrebări şi răspunsuri – dreptul securităţii sociale

Środki ograniczające zawarte w Europejskiej Konwencji Praw Człowieka a orzecznictwo europejskie

Author(s): Katarzyna Misztal / Language(s): Polish / Issue: 3/2009

АCTIO NOXALIS: ЗАДЪЛЖЕНИЯ, ПРОИЗТИЧАЩИ ОТ НОКСАЛНАТА ОТГОВОРНОСТ И ХИПОТЕЗИ НА CONFUSIO

Author(s): Carmen Salcedo / Language(s): Bulgarian / Issue: 1/2019

The article is dedicated to the jurisprudential debate on the validity of actio noxalis in the cases in which his holder disposes of the servus or filius familae that caused the noxal responsibility.

Актуални въпроси в съдебната практика относно действие във времето на нормативните административни актове

Author(s): Elisaveta Paunova / Language(s): Bulgarian / Publication Year: 0

The following research has the purpose to emphasize the importance of questions concerning retroactive effect of regulatory administrative acts in the light of a legal case with a significant concern for the lawful recruitment in the judicial system, more precisely in cases of promotion and displacement of judges, prosecutors and investigators.

Актуални въпроси от съдебната практика на Съда на Европейския съюз относно действие във времето на административните актове

Author(s): Elisaveta Paunova / Language(s): Bulgarian / Issue: 1/2020

The following research has the purpose to emphasize the importance of questions concerning retroactive effect of administrative acts in the light of the case law of the European Court of justice.

Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian / Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

Влиянието на съдебната практика на ВКС върху развитието на законодателството в Република България

Author(s): Maria Tsokeva / Language(s): Bulgarian / Issue: 1-3/2019

The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.

Влиянието на тълкувателната практика на ВКС върху развитието на законодателството в Република България

Author(s): Vasil Popov / Language(s): Bulgarian / Issue: 1-3/2019

That article set itself the objective to consider the influence of the Supreme Court of interpretative practice at the Bulgarian legislation development. Have been analyzed processes leading to collisions between the Judicial System and Legislative System. There was presented cases, that they are leading to changes at legislation and have been examined there’s positive or negative impact effect.

ВЪТРЕШНИТЕ КОМУНИКАЦИИ В ПУБЛИЧНАТА АДМИНИСТРАЦИЯ – ДОБРИ ПРАКТИКИ И РЕШЕНИЯ

Author(s): Veska Arabadzhieva / Language(s): Bulgarian / Issue: 3/2019

Nowadays communication is necessary for the functioning of any organization in the public sphere. The purpose of the article is to reveal the importance of internal communications in public organizations and to present good practices for internal communication in the public administration sector.

ГЛАСНИК АДВОКAТСКЕ КОМОРЕ ВОЈВОДИНЕ - часопис за правну теорију и праксу

Frequency: 4 issues / Country: Serbia

ДОПУСТИМО И СПРАВЕДЛИВО ЛИ Е ДА СЕ УГОВАРЯ ПРИСЪЕДИНИТЕЛНА ВНОСКА В КОЛЕКТИВНИЯ ТРУДОВ ДОГОВОР СПОРЕД ТЕОРИЯТА И СЪДЕБНАТА ПРАКТИКА

Author(s): Gergana Boyanova / Language(s): Bulgarian / Issue: 2/2020

The purpose of this article is to present the various theories on the permissibility to include as part of the collective labour agreement specific contributions with respect to persons who are not members of a trade union party to this contract. Different opinions have been expressed on the topic in the legal theory and in the existing case law, while some theories are based on the principles of collective bargaining, others – on the the analysis of the legal framework, including the historical aspect and the ways of ensuring better working conditions that are considered fair for workers in various fields. The issues discussed will continue to be a topic of scientific interest until these issues are explicitly addressed by law.

Задължението на работодателя за предаване на трудовата книжка и отговорността за неизпълнението му

Author(s): Hristo Banov / Language(s): Bulgarian / Issue: 3/2019

The article provides a solution to some legal issues, related to the employer's obligation to hand over immediately the duly filled out labour book to the employee upon termination of the employment relationship, respectively to the consequences of the non-fulfilment of this obligation, namely the incurring of the employer's financial liability. On the above-mentioned issues, contradictory practice of the Supreme Court of Cassation was noted, because of which the Interpretative Case No. 1/2019 of the General Assembly of the Civil College was started. The many specific issues raised by the contradictory case-law are limited to the question whether the employer's obligation under Art. 350, para. 1 of the Labour Code in all cases arises and becomes exigible at the time of the termination of the employment relationship, or several hypotheses should be distinguished, in at least one of which the emergence of the discussed obligation is not by virtue of the law, but for this purpose the execution of certain actions by the employee is required. The solution to these legal issues leads to the answers to the second group of questions, related to the occurrence of the employer's obligation to pay compensation to the employee due to the illegal retention of his labour book.

Законодателна техника при очертаване на престъпния субект

Author(s): Yuliana Mateeva / Language(s): Bulgarian / Issue: 1/2020

Criminal code of the Republic of Bulgaria contains a number of crimes with a special subject, indicated directly in the text of the Code. There are other cases where the subject is special, but its special characteristics should be interpreted. Current article aims to explore different approaches, used by the legislator in order to outline specific requirements in regard to the subject and to classify them.

ИЗВЪРШВА ЛИ ДЪРЖАВНИЯТ СЪД КОНТРОЛ НАД АРБИТРАЖНОТО СПОРАЗУМЕНИЕ

Author(s): Martin Strandzhanski / Language(s): Bulgarian / Issue: 1/2019

This paper considers to what extent the state court exercise control over arbitral agreement in relation with its power to review an arbitral award, and trying to explain and prove the inner connectivity between arbitral agreement of the parties and the arbitral award. The present work also examines Bulgarian and U.S. arbitral legislation in comparison.

ИЗПЪЛНЕНИЕ НА РЕШЕНИЯ С ПРИСЪЖДАНЕ НА ПАРИЧНА СУМА В VІІ PARTIDAS

Author(s): Adolfo Bautista Cremadez / Language(s): Bulgarian / Issue: 1/2019

The „VII Partidas“ called code, is the greatest legislative work of the ius commune. In them is collected, in Spanish language, the main precepts received from Roman and Canonical law forming a corpus that would result from regulatory application until the promulgation of the Civil Code in 1889. The object of this work is to analyse the considerations of items relating to the enforcement of monetary judgments and comparing them with the regulation of the pignus in causa iudicati captum established by Antoninus Pius for the Roman process. Consideration of the Glossae of Gregorio López analyzes reflections which, in his day, caused by the Alfonso’s Code.

Информация за публикация

Author(s): Dobrinka Chankova / Language(s): Bulgarian / Issue: 2/2020