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Extradition. Comparative Analysis

Author(s): Aurel Octavian Pasat / Language(s): English Publication Year: 0

The relevance of the analysis of the issues of the institution of extradition is determined by the need to improve international cooperation in combating crime, expand its scope, apply an integrated approach to interstate cooperation in such a legal segment. As the analysis of the current trends in the development of extradition shows, its restructuring can modernize the legal institution in question, adapting it to the latest conditions in the fight against international crime. In order to achieve the proposed goal, the substantive conditions of extradition in the legislation of the Republic of Moldova were analyzed, in particular to subject to the analysis the conditions regarding the person, through the lens of the comparative analysis of the legislation of the Republic of Moldova and Romania in the context of the non-extradition of one's own citizens, as well as the conditions regarding the fact, in the context of the analysis of the general principles of extradition; to subject the extradition procedure from/to the Republic of Moldova to the comparative analysis with the active/passive extradition procedure in Romanian legislation.

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Exclusivity clause in lease agreements for commercial premises from the perspective of Slovak and European competition law

Author(s): Martin Winkler / Language(s): English Publication Year: 0

A relatively frequent practice when concluding lease agreements for commercial premises in shopping centres is the tenants' requirement towards lessors for so-called exclusivity, i.e. the requirement not to lease commercial premises in the same shopping centre to their competitors or vice versa – the landlords' requirement towards tenants to include a so-called radius clause in lease agreements, where the tenant may not conclude a lease agreement for another commercial premise in a certain area within a specified distance from the shopping centre. In this paper, we look at this issue from a competition law perspective. A lease agreement with an exclusivity clause or radius clause may fulfil the defining features of an agreement restricting competition, which is prohibited under Article 101 of the Treaty on the Functioning of the EU and Section 4 of Slovak Act No. 187/2021 Coll. on the protection of economic competition. Although the courts in the Slovak Republic have not yet dealt with this issue, it has become the subject of judicial review of decisions of antimonopoly offices in other European countries and also the Court of Justice of the EU has entered into the valid legal regulation with its decisions. The aim of this paper is to define, after an analysis of the valid legal regulation and the case-law in several European countries and of the Court of Justice of the EU, the criteria under which lease agreements with exclusivity clause may be considered to be in compliance with European and Slovak law.

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What are the risks of non-fungible tokens (NFTs) from intellectual property law perspective?

Author(s): Nikol Popovská / Language(s): English Publication Year: 0

Non-fungible tokens, called NFTs for short, are not only one of the biggest game changers in the digital marketplace, but they are also raising a lot of attention in the field of intellectual property law. The NFT boom that began in 2021, particularly in the art world, has already caused numerous intellectual property disputes. This paper focuses on analysing various issues related to copyright, trademarks, and the problem of potential infringement of these rights in the case of NFTs. The starting point is to identify what NFT is in the first place. Can NFT be used to transfer copyright, or could it be considered as a form of license? If someone makes an NFT without the author's consent, is it a copyright breach? This paper aims to find out whether NFTs can be considered unauthorized copies of an original work or product under applicable law and whether a copyright infringement claim can be raised. This will be done in particular by outlining the legal argumentation of the ongoing lawsuits. Therefore, this paper's contribution should be to set out possible legal risks to those operating in the art market or those whose trademarks have not yet been extended to the metaverse.

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Относно същността на компенсацията на вини при договорната отговорност

Author(s): Andrean Slavchev / Language(s): Bulgarian Publication Year: 0

The report indicates the main theories justifying the legal nature of the culpa compensatio in contractual liability in a comparative legal aspect, as well as the understandings of the rule of Art. 83, para. 1 of the Obligations and Contracts Act in Bulgarian legal doctrine. The legislation and views on the legal nature of the creditor's contribution to non-performance and its interpretations in France, Italy, Germany and Great Britain are considered.

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Референдумът като обект на конституционен контрол

Author(s): Radoslava Yankulova / Language(s): Bulgarian Publication Year: 0

At the beginning of the present scientific work, a comparative overview of the system of constitutional control is made. The actual part of the presentation examines the Bulgarian model of constitutional control over the referendum.

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Сравнителноправен анализ на информираното съгласие според българското и европейското законодателство

Author(s): Krasimir Peychinov / Language(s): Bulgarian Publication Year: 0

Informed consent is a process by which a treating healthcare professional discloses relevant information to a patient so that the patient can make a voluntary choice to accept or refuse treatment. This comparative legal analysis will cover three European countries where informed consent is regulated in detail and where experience and knowledge can be drawn.

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Наказателноправни аспекти на измамата

Author(s): Daniela Doncheva / Language(s): Bulgarian Publication Year: 0

The study examines the concept of the crime of fraud in detail. Going beyond the limits of the Criminal Code, a comparison is made with the concept of deceit in civil law. Fraud as passive and active behavior as this in the contract, as well as deception and falsehood.

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Обезпечаване на разноските в наказателното право и сравнителен анализ с гражданското съдопроизводство

Author(s): Chavdar Petrov Groshev / Language(s): Bulgarian Publication Year: 0

The article examines the question of the "cost" of the legal procedure. When and by whom are the costs of the case paid. Precautionary proceedings, Admission of collateral, Precautionary measures.

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Искът в римското и в съвременното право

Author(s): Tihomir Rachev / Language(s): Bulgarian Publication Year: 0

The paper presents the historical development of the lawsuit as an institution of the civil procedure in Roman and modern Bulgarian law. The interrelation of substantive and procedural law is the subject of perennial disputes, the resolution of which does not seem to have been occurred yet. The relationship between the nature of substantive law, which depends on the effect of various legal facts - for example, the expiry of limitation and prescription periods, and the development of civil procedure are the subject of extensive discussion, in which there is room for arguments based on the Roman jurisprudence.

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Възникване и развитие на вещното право на строеж. Развитие на института

Author(s): Lyuba Panayotova / Language(s): Bulgarian Publication Year: 0

This article presents the origin of the property building right (superficies), its development through feudalism and time of bourgeois development in Western Europe - French, German and Bulgarian law.

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Създаване на демократични конституции в Източна Европа в годините на преход

Author(s): Iskra Baeva / Language(s): Bulgarian Publication Year: 0

The drafting of new constitutions in the countries which, after 1989, began societal transformations from Soviet-style state socialism to parliamentary democracies and a market economies, represents an important institutional step towards the consolidation of the new democratic system. This, like the direction of change, is a general process that had its premises in earlier developments but was supported and guided from outside – usually by Western European and American institutions. At the same time, if one follows the specific process of constitution-making in different former Eastern Bloc countries, it is easy to see that it takes place at different speeds and under different political conditions. The differences in this process motivated me to trace in my exposition the distinctions in the constitution-making process in transition countries, but not so much with regard to the legal as to the historical traditions in the countries of the Central European region, on the one hand, and the Balkans on the other.

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Западно- и Средноевропейската епархия на Българската православна църква - Българска патриаршия като юридическо лице по немското право

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

The Western and Central European Diocese is an administrative-territorial unit - a diocese of the BOC - BP diocese with headquarters in Berlin according to Art. 4, para. 1, item 2 of the Statute of the BOC - BP. It is also a metropolis as a kind of local division of the BOC - BP and in this capacity, like all other metropolises within the borders of Bulgaria, is a legal entity according to Art. 13, para. 1 of the Statute. The research is focused on the question of the status of church communities in dioceses abroad, as well as in the Western and Central European diocese.

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Уредба на брачния договор в българската и други правни системи

Author(s): Dimitar Topuzov / Language(s): Bulgarian Publication Year: 0

This article aims to present the Bulgarian regulation of marital contract in comparison with its regulation under some foreign national legal systems. After brief historical notes, the presentation focuses on the regulation of the marital contract under the Family Code of 2009. The issues of parties, content, form, registration, termination and invalidity of the contract are consistently examined. The general conclusion is that Bulgarian regulation of the marital contract is generally in harmony with that of the most European countries. Concerns are expressed that the undetailed regulation of the institution and excessive liberalism may turn marital contract from a means of achieving clarity and greater justice in conjugal relations into an instrument for abuse of rights.

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Систематизация на разпоредбите за организираната престъпност в Босна и Херцеговина и в Република България

Author(s): Anton Girginov / Language(s): Bulgarian Publication Year: 0

A systematization of crimes on organized crime are made. In addition, the author elaborates a systematization of provisions on the consequences of crimes falling under organized crime.

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Analysis of Insurance Distribution on the Czech Insurance Market

Author(s): Martina Krügerová / Language(s): English Publication Year: 0

In the insurance market, either internal or external sales method can be selected to distribute an insurance coverage. The external distribution channel (also called the intermediary channel) is represented by insurance intermediaries; the internal distribution channel (also called the employee channel) by employees of insurance companies. The new/forthcoming regulation of insurance distribution brings several changes, and alters a number of important fundamentals of the regulation of insurance distribution, in consequence insurance intermediaries, too. One of the goals of a comprehensive amendment, the introduction of a new categorization of insurance intermediaries and removal of differences in the external and internal distribution of insurance. This article is focused on the analysis of insurance distribution aiming insurance intermediaries in the context of insurance market development as well as the changes in regulation of insurance distribution as it comes to both the Czech and European law. The aim is to analyze the groups with the impact of the new regulation.

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Caracterizarea noțiunii de fază post-contractuală

Author(s): Radu Stancu / Language(s): Romanian Publication Year: 0

The material aims to (re)introduce into the debate the contract, specifically the last stage of the three that define what might be called the contractual process. The contract seen in its chronological dynamics is divided, at the beginning by jurisprudence and doctrine, and now also by the legislator through the civil reforms, into two phases, namely the pre-contractual phase and the actual execution phase of the contract. However, since the 1980s, specialists, especially French specialists, have distinguished a third phase, namely the post-contractual phase. Given the nature of the scientific event, this study is limited to presenting the intellectual construction of this view of the outcome of manifestations of will made with the intention of producing legal effects.

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За систематизацията и системите на източниците на задължения

Author(s): Krassen Stoichev / Language(s): Bulgarian Publication Year: 0

Systematization of the sources of obligations is essential since it pivots the entire structure of civil law. As practice also indicates, systematization prescribes the structure of the Civil Code, or the general Civil Law; finally, it also consolidates the legal-facts group in Civil Law. From the historical and comparative perspective three systems have been devised for presenting the sources of obligations. The first one is the familiar quaternary classification, classification offered by Gaius and later elaborated on in Justinian’s codification. The latter provided a sound basis for Pothier and Savigny in their works. Likewise, this system was adopted by the French Civil Code of 1804. The next systematization described the contract as the principal source of obligations. The first variant sets contract against all other sources of obligation, making it clear that the domination of contract was meant to replace all the other sources of obligations since the latter were jammed together in a group of enforced by the law sources of obligations. Some authors interpreted it another way and spoke about contracts and non-contractual sources of obligations. One can trace back its ideas in the times of the Natural Law School, which later was joined by some German jurists during the second half of the XIX century. The original synthesis between it and Gaius’ systematization led to the formation of the triple classification we can see in the Italian Civil Code of 1942. In the Civil Code of the Netherlands in force the sources of obligation were defined by the law; hence their systematization was made pointless. The third well-known systematization of the sources of obligations placed them amid civil law legal facts no matter of their specificity. The Bulgarian Obligations and Contracts Law adopted the pragmatic approach shown in the simple outlining of the five basic sources of obligations where contract obligation serves as a model. Whenever necessary, this Law introduces in its general section specific rules referring to tort obligations as the result of deviation from contractual obligations. Elaborating the proper system of the sources of obligation is not an easy task. Instead of generalization, one should consider the fact that there are typical sources of obligations and sources which give rise to obligations existing only in the context of another civil relationships.

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Поглед върху историческото и сравнителноправно развитие на развалянето на договорите

Author(s): Hristina Tancheva / Language(s): Bulgarian Publication Year: 0

The right to rescind a contract has not always been available to the creditor in case of non-performance. Over the years, the rescission has established as a convenient means of protection, as its development went from recognizing the possibility of rescission only of certain contracts and for non-performance of certain obligations – in Roman law, through judicial rescission – established in the Middle Ages as a rule for all bilateral contracts to arrive at a prevailing unilateral rescission today not only in our country, but also in other reviewed countries. The rule, constructed on the basis of the relationship between the rights and obligations under a bilateral contract, is formed slowly and cautiously, because it is a kind of withdrawal from the hard-established and jealously guarded principle of pacta sunt servanda. The comparative legal review shows certain differences in the regulation comparable to the Anglo-Saxon system, but also within the framework of the continental legal system.

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Сравнителноправни бележки относно неравноправните клаузи

Author(s): Jordan Pangev / Language(s): Bulgarian Publication Year: 0

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts provides the basis on which the European countries build their legal framework regarding unfair terms. However, there are significant differences in the regulations of the individual countries, and it would be useful to make a comparison between the solutions adopted in the national regulations. This report will limit itself to the comparison between Bulgarian and German legislation.

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За личната отговорност на управителите на капиталови дружества към кредиторите при неплатежоспособност на дружеството

Author(s): Aleksandar Aleksandrov / Language(s): Bulgarian Publication Year: 0

The article addresses the question of whether the current legal framework allows creditors to engage the personal directors’ liability for their mismanagement and wrongful trading, as a result of which the company’s assets have decreased and creditors have not been able to collect their claims. In a comparative legal aspect, the legal framework on this issue in English, German, Austrian, French and European Union law is examined.

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