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This article describes the reception of Roman law in Latin America and its first codification attempts, establishing the influence of Andrés Bello’s code as the base of most Latin American legal systems and even of one out of the continent, that of Japan.
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Although Digital Rights Management (hereinafter: ‘DRM’) does not have a legal definition in Hungarian law, it is undoubtedly part of the complex regulating system including not only legal, but also business, political and cultural elements. DRM seems to impose restrictions on the users of copyright works well exceeding those provided by ‘traditional’ copyright law. There has been surprisingly little debate in Hungary regarding the manner and extent of implementing the relevant international and European provisions. It still seems to be an open question whether DRM is a solution to the underlying issues and whether or not the advantages of DRM (for its beneficiaries) outweighs the hindrances caused to the users and to the original aim of copyright.At the same time, the world (of Intellectual Property) is flooded by the arguments for and against DRM. The various stakeholders wish to be heard and fiercely battle each other. Much can be learned from them in order to fine-tune the local system.This paper attempts to give an overview of the Hungarian legal provisions regarding DRM and their environment. It also wishes to show the advantages and disadvantages of the DRM-system based on the arguments of various parties. Furthermore, it looks at the current alternatives offered beside DRM, as well as the potential directions of development.
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The study analyses specific issues of the institution of notary public in effective Hungarian law. First, it discusses the legal sources of the activities of notaries public, and then the main areas of notarial activity: editing documents, safekeeping, limited representation, conducting classical out-of-court notarial proceedings. After that, it presents the characteristics of notarial activity and distinguishes it from other jurist professions.
More...Státus Kiadó, Csíkszereda, 2010. pp. 289
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The succession in time of laws causes specific transitional problems. The Law no. 287/2009 on the Civil Code – the new Romanian Civil code – entered into force as of October 1, 2011, and raises such issues of implementation. The author emphasizes some of these problems related to the matter of civil contracts. The contract is subject to the provisions of law in force at the time when the contract was concluded. Consequently, if any contract was concluded before 1st of October 2011, those will continue to be regulated by the provisions of the Civil Code of 1864. The parallel application of the two codes has the effect of a long transitional period. However, even if the contract was concluded under the ancient Civil Code, the modification of those contracts can only be accomplished according to the new Civil Code.
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In the present report the author examines the stipulations under art. 215, par. 7 of the Law on Territory Planning after it was amended in late 2015. The focus is on the controversial court practice with regard to its implementation after the amendment. The report concludes with the latest amendment of art. 215, par. 7 of the Law on Territory Planning (Bulgarian State Gazette, issue 13, 2017)
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Ten years after the entry into force of the first Insurance Code (repealed) the Bulgarian legislator decided that in the light of the dynamics of current European legislation and its compulsory transposing in national legislation, it is legally prudent to adopt a new Insurance Code. It introduces numerous changes in the regime regulating insurance companies’ activities, including liquidation and insolvency proceedings. The new Insurance Code keeps the principle of establishing special grounds, regulating insolvency of insurance companies, and introduces an additional requirement for revoking the license of an insurer without the necessity for proving some of the presumptions for insolvency, effectively reinstating the regime of the old Insurance Code. One of the entirely new concepts is the figure of the administrator. For the first time in history Bulgarian legislation allows the option for appointing an administrator that is a judicial person. Especially considering that such a judicial person administrator may only be the Guarantee Fund – art. 615 (1) of the Insurance Code. There are changes in the regulation of guaranteed insurance claims in cases of insolvency of life insurance companies, which are equalized with the amount of the guaranteed deposits in cases of insolvency of a bank.
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The article aims to justify the need for an entirely new PUBLIC procurement act, who will rescind the existing one. With the article the author try to show some of the major problems, highlighted when the bill of the new PUBLIC procurement act was discussed and to explain some of the significant moments in the public procurement regime, regulated by the new PUBLIC procurement act.
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The article analyzes the nature of the protection against unfair competition in the sense of the Lawon Protection of Competition /LPC/. According to the author only competitors on the relevant market have legal interest in establishment of infringements under chapter seven of the LPC and the presence of competitive relations between the undertakings is absolute prerequisite for the admissibility of the proceedings for establishment of infringement under Chapter Seven of the LPC initiated on the grounds of Article 38, paragraph (1) item 3 of the LPC.
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The subject of this article is the domestic violence as a phenomenon in society and its manifestations. The text analyzes the specific proceeding under the Law on protection from domestic violence that shall ensure adequate and full protection of victims or those at risk of committing domestic violence. Special attention is paid to the measures for protection against domestic violence under this law, their character, the method of their application and the ability to be accumulated with penalties and administrative sanctions. According to the author the measures for protection against domestic violence are enforcement administrative measures in accordance with art. 22 of the Law for the administrative offences and sanction.
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The subject of this article is the grounds for resumption of the administrative penal proceedings inaccordance with art. 70, letter “e” of the Law for the administrative offences and sanctions. The text presents a detailed analysis of the stipulations of the above stated law. It also compares the new grounds in accordance with art. 70, letter “e” of the Law for the administrative offense and sanctions to the grounds in accordance with art. 70, letter “d”, as well as in the context of the stipulations in Penal Procedure Code and the related provisions. A distinction is drawn between the field of application of the new grounds in accordance with art. 70, letter “e” and the grounds in accordance with art. 70, letter “d”.
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This theoretical overview aims to analyze the law provisions given in the Electronic Identity Act. The overview also regards the process of gradual transition towards e-Justice within the context of the Bulgarian egovernment.
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This article research some aspects on acceptance Directive 2014/42/EU on the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union with a thorough study of how positive the Union is to introducing non-convictionbased confiscation models.
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The publication examines the importance of individual creditors’ rights in insolvency proceedings,which are available to creditors after the opening of insolvency proceedings. The formation of a collective body, the management of the proceedings and the bankruptcy mass, such as the creditors’ meeting, does not put an end to the rights of the individual creditor. The impact of these individual rights is an issue affecting the mechanisms of production management and its completion, which is why it is of interest to all existing insolvency lawyers. Due to the significant volume of individual strikes and their impact on production and bankruptcy, the article only addresses some of them.
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The following article focuses on the controversial in theory and practice problem of the possibilityfor the administrative court to exercise indirect judicial control of normative administrative act. An analysis of the case law has been made and attitude have been taken
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The report focuses on some of the features of the modern Chinese legal system, their interconnectedness with Western legal traditions and their conditionality on the characteristics of traditional Chinese law. It discusses issues such as the rule of law, the division of powers, the balance between public and private law in Chinese legislation.
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The present article discusses the question: are there grounds for appeal of a court ruling according to Art. 200, Paragraph (1) of the Code of Administrative Procedure by an administrative authority which has issued an administrative act. The author analyzes the administrative proceeding, stipulated in Section IV of Chapter 10 of the Code of Administrative Procedure. The article considers the purpose of appeal of refusal to consider request for issuance of administrative act. The article also answers the question posed in Interpretative Case No 10/2019 of the Supreme Administrative Court.
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The article focuses on some of the amendments and addition to the Civil Procedural Code,promulgated in SG. 100 of 2019, which cover the subject of the warrant procedure. On the basis of the accumulated theoretical studies on the essence and particularities of the warrant procedure is made an analysis of these amendments and additions and their possible manifestation in practice. It is accepted that part of the changes are an expression of the idea of synchronizing the procedural system with the requirements of the European Union for enhanced protection of consumer rights – introduction of a new character of the ex-officio principle, expressed in the official control of the existence of unfair terms in a contract concluded with a consumer, a new grounds for rejecting an application for an enforcement warrant and grounds for suspending execution, etc. Despite the social focus of the accepted changes in the warrant procedure, they raise a number of debating issues that may warrant controversial practice.
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This article analyses the liability of the indirect perpetrator when ‘the tool’ strays away from what it was intended for. All possible deviations are analysed, as well as the range of liability of the indirect perpetrator. For this purpose, a comparison is made with an analogical hypothesis in the complicity.
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