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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A LOOK AT ENTREPRENEUR INSOLVENCY, DISCHARGE OF DEBTS AND DIRECTIVE (EU) 2019/1023 ON RESTRUCTURING AND INSOLVENCY
(Plovdiv University Press, 2025-12-01) Alexandrov, Alexander
The study analyzes the provisions of Directive (EU) 2019/1023 and their transposition into the Commerce Act, with a focus on those of them that are applicable to the discharge (repayment) of debts of entrepreneurs and sole traders. The facts related to the discharge of debts and other related provisions are analyzed. Critical conclusions are drawn regarding the legal framework.
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.
Applicable Law to Labour Relations with an International Element
(Plovdiv University Press, 2002-01-15) Kamenova, Tsvetana
The main object of this article is to present the applicable law to labour relations with an international element. It is paid attention to the main collision norms, which are perceived in this area – lex loci laboris and lex delegationis, as well as the need of inclusion of lex voluntatis in the future Bulgarian private international act, as a primary norm. A brief conceptual framework is presented to the international agreements, in which Republic of Bulgaria takes part, to the bilateral contracts concerning labour and social security relations, as well as to the internal sources which tackle the topic.
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.
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.
CHILD TRAFFICKING IN THE UN CONVENTION ON THE RIGHTS OF THE CHILD AND THE SECOND OPTIONAL PROTOCOL ON SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
(Plovdiv University Press, 2025-12-01) Kostadinova, Tanya
The study traces the international legal protection of children from trafficking in the UN Convention on the Rights of the Child of 1989 and The Second Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. An attempt is made to analyze Art. 35 of the UN Convention on the Rights of the Child and its relation to other provisions thereof. Special attention is paid to child trafficking, child prostitution and child pornography. The specific features regarding crimes placed on the same footing as child trafficking are discussed. The importance of the international treaties considered in relation to suppression of trafficking is emphasized.
CODIFICATIONS – REFLEXIO IURIS ROMANI
(Plovdiv University Press, 2022-01-15) Novkirishka-Stoyanova, Malina
The main object of this article is to present the concept of the code and the codification in modern times as a reflexio of the Ancient Roman practice. A survey has been made in order to explain the terminology аnd the notion of “code” and “codifying”. Our main goal is to determine the preconditions and the purposes of the three basic codifications in Ancient Rome – Lex Duodecim Tabularum, Codex Theodosianus and Corpus iuris of emperor Justinian. The conclusion is considered to be the impact of Roman legal heritage in the modern Bulgarian concept of the code and the codification, as well as in connection with the global problems of systematization of legislation – decodification, recodification ecc.
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.
COVID-19 AND ITS IMPACT ON CIVIL AND COMMERCIAL LAW OF BULGARIA
(Plovdiv University Press, 2022-01-15) Goleva, Polya
The law is not a frozen regulator of public relations and it must take into account sudden changes in the reality. In 2020, 2021, and in the beginning of 2022, our country and the world were hit by a major medical and social evil – the pandemic of the deadly disease COVID-19 . It led to a number of changes in the legal framework of various relations in all parts of law, but the most it affected private relations. The state had to intervene through different mechanisms to protect the rights of subjects of civil and commercial law. For the first time on the territory of our country a state of emergency was introduced by an act of the National Assembly. Deadlines were suspended, force majeure and economic frustration were applied, video conferencing was introduced in court proceedings. It is important for science to pay attention to the specific manifestations of these phenomena and to study their application in the justice. Although most of the processes are related to a past stage, they remain relevant, because the events of early 2022 portend turbulent and risky days, no less safe than the already ending pandemic. The dangerous epidemiological situation is being replaced by a worrying high-risk inflation situation fuelled by a military conflict. The red light is still on.
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.
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.
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.
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.
Essential Elements of Cadastre and Estate Register Act
(Plovdiv University Press, 2001-01-15) Stoyanov, Ventsislav; Stoykova, Yulia; Kurteva, Stoyka
At the beginning of this scientific work, a general overwiew of the cadastre and property register regulations is made. Attention is drawn to the newlies in the Cadastral and Property Register Act, related to the structure that is involved in the creation, maintenance and storage of the cadastre – the Cadastre Agency. The paper concerns the content of the cadastre, as a set of categories of cadastral data, cadastral map and cadastral registers. Emphasis is also placed on the essence and content of the real estate lot and the entry in the property register as a traditional institute of Bulgarian civil law.
Establishment and Operation of the Military Families Assistance Act During Mobilization and War in the Period of First World War
(Plovdiv University Press, 2002-01-15) Bekirov, Nedyalko
The present work systematizes issued certain legal acts related to the ongoing socio-economic and socio-political processes during the First World War. Specific legal acts related to the area of satisfying the population with foodstuffs are cited. Rules and regulations aimed at providing for the population are also described, which persons are entitled to support and in what amount. In conclusion, individual problems that arise in connection with the legal act are indicated.
Exemption Clauses in Contracts
(Plovdiv University Press, 2002-01-15) Mitev, Krasimir
According to Bulgarian Law on Obligations and Contracts, the parties can freely determine the content of the contract, as long as they do not violate the mandatory norms and good morals. The legal literature in Bulgaria has not dealt with exemption clauses in contracts and there is also no developed case-law. For this purpose, the current work examines the status of these clauses, in countries with a developed market economy such as England, France, Germany as well as in the EU law. The approaches to the regulation of freedom of contract under exemption clauses in England, on the one hand, and in Germany and France, on the other hand, are different. It can also be explained by the fact that the mentioned countries are part of different legal systems – of the Anglo-American and of the continental.
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.
Grounds and Conditions for Admissible Acquisition of Own Shares by a Joint-Stock Company under the Bulgarian Commercial Law
(Plovdiv University Press, 2002-01-15) Grigorov, Grigor
The main object of the present work is to make a short analize of the grounds and conditions for acquisition of own shares by a joint-stock company. The issue of the ban on the acquisition of own shares is also touched upon, paying particular attention to the interests of creditors and those of shareholders that may be affected. The various methods that the Bulgarian Commercial Law contains for the acquisition of own shares according to the statutory requirements are commented on, as well as the conditions for the acquisition of own shares according to Art. 187a, Para. 2 and Para. 4 of the Commercial Law, the conditions for redemption and the conditions for the redemption of shares with redemption privileges.
HISTORICAL OVERVIEW OF THE CRIMINAL LAW REGIME OF MINORS
(Plovdiv University Press, 2023) Ipokratova, Krasimira
The article examines the criminal law regime of minors for the period from the establishment of the Bulgarian state in 681 to 1989. For this purpose, the paper is divided into seven historical periods of the Bulgari-an state and law, in which the establishment and development of the special criminal law regime of minors is studied. An attempt has been made to exam-ine all known legal monuments and laws from the respective eras related to this legal institution of criminal law.
INTERNATIONAL MULTILATERAL REGIONAL TREATIES AND INTERNATIONAL BILATERAL TREATIES FOR THE PROTECTION OF BIOLOGICAL DIVERSITY WITH THE PARTICIPATION OF THE REPUBLIC OF BULGARIA
(Plovdiv University Press, 2022-01-15) Penchev, Georgi
This scientific study is dedicated to the regional and bilateral international law regime for the protection of the biological diversity. The attention is paid to legal measures for the protection of the biological diversity under selected regional and bilateral international treaties with the participation of the Republic of Bulgaria. Finally, some general conclusions are made in connection to the examined international law regulation.