Правни проблеми при трансплантация и органодонорство

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

This paper sheds light on one of the methods for treating patients with organ failure – transplantation. Reference is made to the history and the first attempt at transplantation is also discussed. The legal issues related establishing brain death, giving consent for organ donation from a person in a state of brain death, and those related to giving consent for organ donation from a living donor are touched upon. In conclusion, the legal aspects in various branches of law related to transplantation and organ donation are also presented.

Umera and Judiciary in the Ottoman Province: Representation and Trial of the Executive Power at Konya Court (1701-1702)

Author(s): Metin Ziya Köse / Language(s): English Publication Year: 0

The executive power was represented by the beylerbeyi and the sanjakbey, that is, umera (ehl-i örf) in the Ottoman provincial administration. In the provinces, there were qadis to represent the judiciary. The relations between these two powers were very important in the maintenance of the local administration. So, how was the representation of the executive in legal matters in the Ottoman provinces? What was the attitude of the judiciary in cases where the executive was a party? The aim of this study is to reveal how the cases that were heard in the Konya court at the beginning of the 18th century and that concern the executive power worked. To discuss the role of the governor of Konya in the judicial processes through the mutesellims and mubasirs. In order to achieve these goals, the book number 39 belonging to the Konya court, which was transcribed beforehand, will be used. This study, which aims to reveal the legal relations between the executive and the judiciary in the Ottoman provinces, will make an analysis on a micro scale. Two different litigation process, which gives the impression that it is more of a political case, will be discussed in terms of reflecting the relations between the executive and the judiciary with the case analysis method.

Тридесет години от приемането на България в Съвета на Европа. Някои лични спомени и размисли

Author(s): Asparoukh Panov / Language(s): Bulgarian Publication Year: 0

Спомен за началото и след това… Тридесет години от приемането на България в Съвета на Европа

Author(s): Latchezar Toshev / Language(s): Bulgarian Publication Year: 0

Тенденции в развитието на българското право през 20-те години на XXI век

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

There are four main factors determining the current trends in law: political ideology, technologies, international law, not to mention the EU law or the process of self-development of law itself. There are several trends in the development of Bulgarian law. These include the adoption and improvement of anti-corruption legislation; searching for optimal solutions to improve the organization and functioning of the judiciary; digitalization of law, including different administrative procedures, law-making process, and administration of justice, the abolition of unnecessary regulations. All those go hand in hand with modernization of the legal system by means of establishing new branches of law, new legal institutes, or by enforcing new procedural codes, while suppressing overregulation, etc. Special interest is paid to family law and criminal as they welcome new ideas. In Bulgaria international treaties which have been ratified under the constitutional procedure, promulgated and enacted for Bulgaria, become part of domestic legislation and take precedence over any provisions conflicting with them. The EU law is also a part of the Bulgarian law.

Тенденции при разпореждането и управлението с държавна и общинска собственост

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

Actions of disposal and those of management of state and municipal property give a more complete picture of the division of property into public and private. It also outlines possible perspectives for future legislation taking into account past experience. A characteristic feature of public state or municipal property law is, above all, the disposal regime, which distinguishes it from private state or municipal property. The mode of management of public property is also important in comparison with private state and municipal property. In spite of the preserved principled positions in the regulation of disposal and management actions in Bulgarian legislation after the period of return to the division of ownership into public and private, some interesting trends can be observed. One of them is the increasingly obvious inclusion of public property in the economic turnover and, accordingly, ‘blurring the boundaries between public and private’ through amendments to the laws. These processes are based on economic, political and social reasons. Future legislation must follow the line of seeking a balance between public and private, between what should be preserved as public domain and the need for private ownership for the state and municipalities. This is also the recommendation to the legislator in this matter.

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.

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.

The Evolution of the Property Concept in Roman Law

Author(s): Ionuţ Ciutacu / Language(s): English Publication Year: 0

In primitive times, people used things from the environment to satisfy their basic needs. Initially, things were used to satisfy elementary needs. Later, the production of the three social divisions of labor contributed to the development of society and to the increase of the role those certain categories of objects had in everyday life. Along with this, people became aware of the importance of regulating the control they exercised over these things and the necessity of enshrining the right of ownership. In Roman law, the institution of property crystallized after a long process. This process began in the very Ancient Era, when movable property came under the scope of private property, and land came under the scope of collective property, continued in the Classical Era, when private property manifested itself in several forms, and completed in the Post-Classical Era, with their unification.

Историческо развитие на системата на наказанията

Author(s): Silvia Stoyanova / Language(s): Bulgarian Publication Year: 0

The paper examines the characteristic features and analysis of the Punishment System in a historical-legal aspect from the beginning of the first written laws of Ancient Babylon (about 2000 years BC) and its ruler Hammurabi. The paper then examines the Punishment System in the Bible, specifically in the Old Testament, as well as the relationship and similarities between the two systems.

Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес

Author(s): Veselina Stavreva / Language(s): Bulgarian Publication Year: 0

The article focuses on the two most essential, according to the author, grounds for the emergence of judicial review in the criminal proceedings - the separation of powers and the right to judicial protection. In general, the development of the idea of the separation of powers is presented through the views of the most famous theorists. Attention is drawn to the difficult path of building an independent judiciary in the country by tracing the implementation of the principle of separation of powers in the country’s constitutions over the years. The role of the judiciary is objectified as the main instrument through which law affects public relations in conditions of pandemics, wars and social inequalities, when the rights of citizens are affected to a more serious degree, especially in the criminal process. The normative consolidation of the judicial protection function as part of the role of the State of Law in the country and around the world is reflected. The main ways to protect the rights of citizens in the criminal process by means of judicial protection procedures and judicial review are also considered.

THE NEW YORK CONVENTION: A REGULATING AND STANDARDIZING INSTRUMENT FOR ENHANCING THE INTERNATIONAL EFFECTIVENESS OF FOREIGN ARBITRAL AWARDS

Author(s): Diana Lazăr,Olesea Plotnic / Language(s): English Publication Year: 0

The 1958 New York Convention was the result of political negotiations and international empirical debates. Its text was finalized during a multinational conference, building upon the project proposed by the International Chamber of Commerce in Paris and the Economic and Social Council of the United Nations. Distinguished scholars in the field of international trade law actively participated in the drafting of the Convention, including Prof. P. Sanders (Netherlands), Dr. O. Glossner (Germany), F. Eisemann (CCI), M. Domke (USA), G. Holleaux (France), M. Matteucci (Italy), among others. Compared to previous treaties and common law in the field of arbitration, the New York Convention introduced significant innovations and improvements. Notably, the treaty expanded its scope, eliminating the requirement for the parties to be nationals of one of the signatory states. The primary objective of this paper is to discuss the series of progressive steps that must be followed after the adoption of the New York Convention. It will provide a detailed analysis of the importance of specialized internal regulations, using comparative and analytical methods. The main goals of this pa-per include defining the scope of the 1958 New York Convention and identifying standardized solutions for applying the grounds for refusing the enforcement of foreign arbitral award.

The Foreigner and Ownership Rights in Eastern Adriatic Medieval Communes

Author(s): Ante Birin / Language(s): English Publication Year: 0

The legal position of foreigners in Eastern Adriatic medieval cities, which in the period from the 12th to 14th centuries organized themselves as communal societies, is a subject that surpasses the existing juridical sources, same as in the case of Italian cities. Limited almost exclusively to the city statutes, i.e. codices of urban law, these sources – chronologically determined by their time of composition and conceptually insufficient concerning the fact that they were more or less regulating only some questions regarding the foreigners – reveal only the tip of an iceberg in terms of their legal status. The lack of juridical sources from the pre-statutory period, on the one hand, leaves open the question how the legal position of foreigners was regulated at the time and how it gradually evolved. Partnership and commercial contracts with which the Eastern Adriatic communes sought to regulate, bilaterally, their relations to each other, as well as towards the Western Adriatic communes during the 12th and 13th centuries, reveal that the two fundamental principles on which they were based - the principle of reciprocity and the principle of protecting the property and person of foreigners (merchants) – became and remained the basis of their legal status when codifying urban law.

Mechanisms of Immovable Property Transfer in a Medieval Town: The Case of Zadar

Author(s): Tomislav Popić / Language(s): English Publication Year: 0

The aim of this article is to analyse several mechanisms that served as a basis of immovable property transfer between people of medieval Dalmatian towns. Medieval Zadar has been selected for the case study because the surviving records allow us not only to outline these mechanisms, but also to track the ways in which property transfer was carried out in everyday practice. The main source used is the archival fond of Zadar’s High Court for Civil Disputes, Curia maior civilium (hereafter: CMC), a collection of documents mostly dated to the second half of the 14th century. A careful study of these records offers an insight from a new angle into the everyday practice of immovable property transfer and allows for comparing it with the norms set down in the Statute of Zadar.

Memoria S. Chrysogoni: Between the Legend on the Transfer of Relics and Ownership over Monastic Land

Author(s): Trpimir Vedriš / Language(s): English Publication Year: 0

A series of randomly selected terms from the titles of various papers presented at this conference (property, ownership rights, real-estate ownership, and possession) re-minds us – besides the fact that the speakers have adhered to the given subject – that, when speaking of “property”, we implicitly have in mind the “actual”, that is, material property. However, if one resists the almost spontaneous slip into determining the object of property or ownership as exclusively material, one does not need to be re-minded that, just as the “material capital” is by no means the only imaginable form of capital, thus the ownership over material property is not (necessarily) the only form of ownership. The same is, as it seems, valid for possession or property. When reflecting on the possibility of owning or possessing immaterial goods, I must, however, consciously avoid the basically conceptual and terminological question of whether one can actually possess immaterial goods. Therefore, staring from the presumption that the “ownership” or “possession” of things like memory or knowledge is in a way also possible – and I will try to show, on a selected example from the medieval history of Zadar, an interesting relationship between such “symbolic” and “actual” forms of possession.

Velezrada v uhorskom stredovekom práve

Author(s): Justyna Segeš Frelak / Language(s): Slovak Publication Year: 0

Treason, or crime of unfaithfulness (nota infidelitatis) was considered as the most serious crime in Hungarian legislation and it included several crimes. It is first mentioned in a law enacted by king Matthias in 1462 that lists approximately 20 crimes. In the 1514 Tripartitum lists more than 30 crimes in 18 points which could be subdivided into 6 subgroups: malice against property (meaning the sovereign), treason and rebellion, violence against authorities and officials, heresy, forging of official documents and money, murder and defilement of relatives. Treason was punished by head and property of the perpetrator. Eventual granting of mercy by the ruler was usually related to the capital punishment but not confiscation of property.

Protistátní trestné činy v moderních kodifikacích

Author(s): David Kolumber / Language(s): Czech Publication Year: 0

The contribution “Anti-state Crimes in Modern Codifications” deals with the topic of anti-state crimes during centuries. Firstly, legal concepts in the pre-state period are mentioned. Then the attention is paid on the evolution of this institute in the Euro-Atlantic area. From this point of view, there are mentioned mainly regulations from England (1351), France (1810), Germany (1871) and Soviet Union (1958) which could be remarked as the most important for the development of other countries. On the other hand, it also reminds the development of codifications in Czechoslovakia, the Czech Republic and Slovakia, which were affected by the Austro-Hungarian legislations as well as German and Soviet approaches. The Czech current arrangement generally does not depart from the other European samples, but it cannot be omitted that in the Czech Republic it is distinguished the penal concept of the high treason (Landesverrat, vlastizrada) from the constitutional concept (Hochverrat, velezrada) which is dedicated to the presidential anti-state activities. The contribution also indicates that the concept of anti-state crimes in countries has not been unified and it has been varying according to various experiences and attitudes.

Poválečné perzekuce příslušníků armády a přijetí zákona na ochranu lidově demokratické republiky

Author(s): Tomáš Řepa / Language(s): Czech Publication Year: 0

After the end of the Second World War, Czechoslovakia was a country at a crossroads. The communists tried to take control of key institutions of the state, including the army. In doing so, a number of illegalities were committed. After the coup in February 1948, this was followed by the adoption of legislation by the already totalitarian state. A striking example was Law No. 231/1948 on the Protection of the People’s Democratic Republic, adopted in October 1948. On the basis of this law, many thousands of people were convicted for alleged anti-State acts.

Trestný čin nedovoleného opuštění republiky v kontextu vývoje protistátních trestných činů od roku 1948

Author(s): Josef Kuchta / Language(s): Czech Publication Year: 0

The Article solves Purposes, Object and Reasons of Filing of the subversive Crimes in the Territorium of the Czech Republic from the Year 1948 up to the Prezent. It consists in two parts – the historical and the juristic Parts. In the first Part it is described the short Knowledge in the Czech Penal Legislatur from the Year 1948 up to the present. On that Background is the Public introduced with the Adjustment of the Crime of the Unlegitimate Leaving of the Republic. The Article concerns its basic Principles and Problems, it shows Deficiences in The Legislatur and Problems with its Realisation in the Practice. It is showed its antidemocratic Character too. On the Base of Statistic this Crime was out of the historical point of view very frequent in the Practice. At the present is its Regulation out of Czech Penal Code, that is in the opposite to Basic Human Rights and it had political and ideological Charakter. It must be but observed, that any subversive Crimes must be maintained in modern democratic States.

Trestný čin poburovania ako nástroj politickej perzekúcie do roku 1989

Author(s): Ondrej Podolec / Language(s): Slovak Publication Year: 0

The paper deals with the formation, legislation, and the development of the application of the „encouraging revolt“ crimes. The charge for those verbal crime was used by the Czechoslovak communist regime as a tool of the politically motivated judicial repression since 1989 up to half of 1980s.