Studia Iuris

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https://doi.uni-plovdiv.bg/handle/store/6
e-ISSN: 2367-5314

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Browsing Studia Iuris by Author "Datsov, Vladislav"

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    On the Balance between Freedom of Will and Justice in the Right to a Reserved Share
    (Plovdiv University Press, 2024-05-06) Datsov, Vladislav
    A manifestation of the civil principle of freedom of will in inheritance law is the freedom of testament. The testator, however, is not entirely free in his decision which persons to bequeath their estate to, nor what part of their estate to bequeath. The testator is restricted by the institute of the reserved share, which is in favour of the persons in closest family relation with the testator. The current article analyzes critically the limitations to the freedom of testament, stemming from the right to a reserved share, to answer the question whether they are justified. Proposals are made for the improvement of existing legislation in order for a better balance to be struck between the two competing priinciples – freedom of testament and the protection of the persons in closest family relation with the testator.
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    ON THE INTEREST OWED BY THE GUARDIAN OR THE CUSTODIAN TO THE WARD IN CASE OF UNTIMELY DEPOSITION OF MONEY TO THE WARD’S BANK ACCOUNT
    (Plovdiv University Press, 2024) Datsov, Vladislav
    The current article analyzes the instances in which a legal obligation arises for the guardian or the custodian to pay legal interest to the ward in case of untimely deposition of the ward’s money to the latter’s bank account. Since the relevant legal regulations are laconic, some problems may arise in front of the legal practice, which requires clarifying the exact content of the main obligation of the guardian or the custodian in order to determine whether there is non-compliance. It is also important to correctly define the moment from which legal interest starts to be charged on the sum, which has not been transferred to the bank account of the ward. Some issues regarding statute of limitation and, more specifically, tolling and discontinuation, are also discussed.