Naučni trudove - Plovdivski universitet Paisij Hilendarski. Pravo. / Научни трудове - Пловдивски университет Паисий Хилендарски. Право. (Scientific works - Paisii Hilendarski University of Plovdiv. Law)

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https://doi.uni-plovdiv.bg/handle/store/565
ISSN: 0861-3184 (до 2024) ISSN: 2815-4304 (от 2024)

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Browsing Naučni trudove - Plovdivski universitet Paisij Hilendarski. Pravo. / Научни трудове - Пловдивски университет Паисий Хилендарски. Право. (Scientific works - Paisii Hilendarski University of Plovdiv. Law) by Subject "equality"

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    LEGAL AND HISTORICAL ANALYSIS OF EQUIVALENCE BETWEEN DUTIES IN ONEROUS CONTRACTS
    (Plovdiv University Press, 2023) Peshterski, Teodor
    Upon rediscovering the Corpus iuris civilis by the Bolo-gnese glossators at the beginning of the twelfth century, the process of the actual development of the institution of gross disparity, named by them as laesio enormis, is taking place. The civil jurists establish laesio enormis as a practical remedy applicable to almost all onerous contracts, as well as the method of determining the ‘fair’ price. At the same time, canonists and theologians of the Middle Ages are trying to build their own theory, answering the questions – why the remedy should be provided and what is the concept of ‘fair price’. An essential role in this process is played by the negative attitude of the Church towards mer-chants, usury and, in particular, the sale of goods at a price higher than their value. As a result, the principle of equality in exchange has had its leading role in the contractual relationship for more than five centuries (up until the 17th century).
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    PROTECTION OF LEGAL ENTITIES AGAINST DISCRIMINATION
    (Plovdiv University Press, 2022-01-15) Deliev, Blagoy
    The Bulgarian Аnti-discrimination Аct provides protection for legal entities, but under certain conditions. The author discusses the issues of the effect of the equality principle on legal entities, how the discriminatory violation can affect the legal entity and how this is reflected in the assessment of the admissibility and the essence of the complaint of discrimination. The violation affects both the legal entity and the natural persons related to it. There is also the problem of the relation of these two groups of subjects to the various grounds for discrimination. The protection regime in the act can be a special administrative proceeding before an administrative jurisdiction or a claim proceeding before a court. The tendency in jurisprudence is the continuous formalization of judicial and administrative proceedings. This reflects on the opportunities for participation and protection of legal entities. The study focuses first on typology of cases where legal entities can be affected by discrimination. Secondly, it provides an overview of the various legal remedies available to these entities to engage in the protection of their own and other subjects’ rights. The cases are taken from the case law and therefore there is a rather broad conceptual difference between the various examples of legal entities “affected by” discrimination and “engaged” in proceedings to defend their rights.