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Digital library of scientific journals published by Plovdiv University Paisii Hilendarski.

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Now showing 1 - 20 of 912

The Requirement for Compliance with the Administrative Procedure Rules
(Plovdiv University Press, 2000-01-15) Lazarov, Kino
The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.
Law and Legal Science in the Next Millennium
(Plovdiv University Press, 2000-01-15) Stalev, Zhivko
The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.
The Lugano Convention on Jurisdiction and Enforcement of Decisions in Civil and Commercial Matters
(Plovdiv University Press, 2000-01-15) Kamenova, Tsvetana
This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised about the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.
Who is Protected by Preliminary Protection in Case of Dismissal Under Article 333 of Labour Code?
(Plovdiv University Press, 2000-01-15) Filipova, Teodora
At the beginning of this scientific work, the main functions of labour law – protective and economic, are presented. The subject of the study is the analysis of the legal framework of preliminary protection in case of dismissal, as one of the institutes of labour law. The issue of preliminary protection in the event of dismissal is applicable only to the comprehensively listed grounds for termination of employment relationships, arising on the basis of an employment contract or competition, is touched upon.
The New Notions in the Trademarks and Geographical Indications Act
(Plovdiv University Press, 2000-01-15) Dimov, Diman
The article examines some of the new concepts in the Bulgarian Trademark and Geografical Indications Act (TGIA) from the perspective of EC law. The targets and structure of the First Directive of the Council of EC of December 21, 1988 for the convergence of the legislation of the member countries regarding trademarks, the Regulation of the Council on the Community Trademark, as well as the practice of ECJ are commented on. It is concluded that with the entry into force of the new TGIA, the international standards for the protection of industrial property will be adopted in the Bulgarian trademark law.
Concerning the Essence of the Limitation Period
(Plovdiv University Press, 2000-01-15) Panayotova, Lyuba
This contribution considers the statute of limitation period as one of the main civil law institutions. A distinction is made between the statute of limitations and other methods of material and procedural nature for extinction of obligations. Attention is also paid to the interaction between the statute of limitation period and certain facts terminating rights. In conclusion, the question of the historical development of the institution is also touched upon.
De emphyteutico iure
(Plovdiv University Press, 2000-01-15) Novkirishka-Stoyanova, Malina
This paper discusses the legal problems of emphyteus in Roman Law. The research focuses mainly on the emphyteutic law and in particular – on its regulation in the Justinian compilation. Attention is also drawn to the constitution of Zenon and those constitutions concering emphyteus which were adopted during the reign of Justinian and which reflected its regime at the time of the composition of Corpus iuris civilis. It is summarized that the regulation of emphyteus is reformatory, on the one hand, and synthetic, on the other.
Legal Issues in Transplantation and Organ Donation
(Plovdiv University Press, 2000-01-15) Zinovieva, Darina
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.
Accumulation of Moratory Interest and Late Payment Penalty
(Plovdiv University Press, 2000-01-15) Mitev, Krasimir
The issue of the moratorium interest and late payment penalty was discussed througout the practice of Supreme (Cassation) Court of Republic of Bulgaria and those of the Arbitration Court at the Chamber of Commerce and Industry. The concept of “accumulation” is being clarified. The author draws attention to the “non bis in idem” principle.
The Court Record
(Plovdiv University Press, 2000-01-15) Ganchev, Georgi
The present work provides a brief analysis on the notin, meaning and content of the court protocol as a mandatory document both in open and closed court sessions. The problem of its issuance, its evidentiary weight and its use as a “start of written evidence” are considered.
Certain Matters Relating to the Proceeding Under Article 409 and the Following Articles from the Criminal Procedure Code
(Plovdiv University Press, 2000-01-15) Petrova, Aneta
This work examines art. 409 and the following articles from the Criminal Procedure Code. There is no practice of Supreme Cassation Court clarifying some practical questions. Emphasis is placed on the inclusion in the process of certain investigative actions, such as the question of accused person. Attention is drawn to the title of Section Three of Chapter Twenty of the Code.
Legal Regime of Deposit Guarantee in Commercial Banks
(Plovdiv University Press, 2000-01-15) Shkretov, Kostadin
The present work examines the legal regime for the protection of deposits in the EU and the current legislation in Republic of Bulgaria. Special attention is paid to the Deposits Guarantee in Banks Act. The author says that it is necessary to conclude that the regulatory framework of this matter in our country is build on the principles in this area, which are the basis of acts of the EU and the countries with a developed banking system.
Determination of the Punishment Under the Terms of Article 27 of the Criminal Code
(Plovdiv University Press, 2000-01-15) Miteva, Daniela
The paper examines Section IV of the Criminal Code of Republic of Bulgaria (CC) and in particular – some issues related to general recidivism, regulated by Art. 27 ot the CC. The concept of “recidivist” and its varieties are explored. Attention is also paid to the punishment “imprisonment” in the context if dangerous recidivism.
On the History of Roman Law and Its Relation to the Canon Law
(Plovdiv University Press, 2000-01-15) Nikolchev, Diliyan
The beginning of the present work emphasizes the history of Roman Law and Canon Law in their interrelationship. Attention is paid to the direction of development of Roman Law in Byzantium, as well as to the beginning and development of the Canon Law in the Byzantium legal system. The issue is also affected by the development of jurisprudence, as well as the emergence of new canonical collections.
Development of Private International Law in the EU
(Plovdiv University Press, 2001-01-15) Kamenova, Tsvetana
This article focuses on the Rome Convention of 1980, because there is no detailed analysis on the same topic in Bulgaria. Attention is drawn to the original the Treaty establishing the European Economic Community (EEC). The creation of Rome Convention, its content and scope of application, as well as non-contractual problems that occur in certain hypotheses are studied. The paper draws attention on the relationship between the Convention and private international law sources, as well as on the general principles that are embedded in the Convention.
Former Sentences of the Acrot and His Social Characteristics as Mitigating and Aggravating Circumstances
(Plovdiv University Press, 2001-01-15) Georgiev, Tervel
The paper presents a brief analysis of the concept of public danger of the act and the cases that determine the degree of public danger. The issue related to the circumstances that depend on the decision to take one or another measure of restraint against the accused is commented on. An opinion is expressed that the degree of public danger of the perpetrator can be judged mainly by whether he has a criminal record and what his social characteristics are. It also touches on the important issue of the individualization of punishment and the possibility of imposing a lighter sentence depending on the absence of criminal record.
Bulgarian Medieval Legal Monuments
(Plovdiv University Press, 2001-01-15) Petrova, Galabina
In the present work legislative acts as collections from the First and Second Bulgarian states are examined. Attention is paid both to the creation and development of Bulgarian medieval legislation, as well as to the period after the rejection of Byzantium rule. A number of legal acts are listed that had an impact in the period from establishment of the Bulgarian state to the middle of 14th century.
Revision of the 1991 Constitution of the Republic of Bulgaria
(Plovdiv University Press, 2001-01-15) Paunov, Hristo
This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.
Legal Order in the Bulgarian Revival-Time Guilds
(Plovdiv University Press, 2001-01-15) Nedeleva, Petya
This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.
Double Punishability as a Condition to Grant Extraditiion
(Plovdiv University Press, 2001-01-15) Girginov, Anton
This scientific work discusses one of the leading problems in our country, related to the judicial procedure for the extradition of persons who have committed a crime – the double punishability of the act for which extradition is requested and the conditions under which the double punishability arises. The concept of punishability is also characterized as a main (attributive) property of the crime, without which, although the crime is constitutive and socially dangerous, extradition cannot occur.

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