Studia Iuris

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

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Now showing 1 - 19 of 19
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    Aggressive Commercial Practices
    (Plovdiv University Press, 2024-05-06) Boneva, Linda
    The essay examines the phenomenon of aggressive commercial practices and the legal problems connected with this kind of unfair commercial practices.
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    Aspects of the Concrete Review of Constitutionality
    (Plovdiv University Press, 2024-05-06) Deliev, Blagoy
    The latest constitutional amendments, indirect access to the Constitutional Court has been expanded with. The new constitutional text regarding concrete constitutional review raises a number of questions. The most significant shortcoming of the adopted new version is that it lacks an express obligation to suspend the proceedings by the referring court. The article highlights some of the possible problems that jurisprudence will face. At this stage, they cannot be resolved by mandatory interpretation.
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    Basic Obligations of Citizens in the Constitution of the People's Republic of Bulgaria from 1947 y.
    (Plovdiv University Press, 2024-05-06) Iliev, Vasil
    The doctrine is rich in works related to the fundamental rights of citizens. Given the importance of the basic obligations in the construction of a state, in this article, the subject of research will be the basic obligations in one stage of the development of Bulgaria. Particular attention will be paid to the main obligations contained in the relevant chapters of the Constitution of the People's Republic of Bulgaria from 1947. In addition to this, a brief historical reference will be made related to the adoption of the CPRB since 1947. In conclusion, the stability of the main obligations in time until the adoption of the CPRB since 1971 will be examined.
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    Consumer Protection in the Field of Food
    (Plovdiv University Press, 2024-05-06) Parisheva, Elizabeth
    The growth of needs in the field of consumption necessitates more specific regulation and protection of the safety and health of consumers of food. Therefore, the regulatory framework undergoes periodic renewal through the introduction of various legal acts of the European Union (EU) into our national law.
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    Distance Contracts
    (Plovdiv University Press, 2024-05-06) Vasileva, Elena
    Distance contracts are an increasingly common phenomenon, which benefit the consumer with a multitude of rights and provide them with a number of options. For online purchases, consumers have a 14-day "cooling-off period" during which they can exercise their right to return the goods without having to give a reason to get their money back. In the case of a purchase made from a physical shop, this right is absent and the consumer is entirely dependent on the policy of the trader.
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    Legal Protection of Forests Under Secondary Law of the European Union
    (Plovdiv University Press, 2024-05-06) Penchev, Georgi
    This study is dedicated to legal protection of the forest under secondary law of the European Union. The attention is paid mainly to legal acts with obligatory character for member-states, as well as to the judicial practice on their implementation in this field. In the conclusion there some more general conclusions and recommendations from the investigated legal regulation.
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    Militarization of Outer Space - Problems and Solutions
    (Plovdiv University Press, 2024-05-06) Bogdanova, Miglena
    The legal thesis will examine the current legal framework of the militarization of outer space alongside with its problems. Comparisons will be made between space law and humanitarian law, as well as with human rights, in order to give a clearer picture of the interaction between them. Attention will also be drawn to the position of Bulgaria and the European Union in the international discussion on the issue.
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    On Students' Consumer Law Essays
    (Plovdiv University Press, 2024-05-06) Shopov, Angel
    Some of the students studying the elective subject "Consumer Law" at the Law Faculty, University of Plovdiv, were given the opportunity to apply their writing skills. Their essays are brought to the attention of the reader.
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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 Issue of Parliamentary Governance as a Guarantor of Democracy
    (Plovdiv University Press, 2024-05-06) Tsekov, Borislav
    This study focuses on the shortcomings of presidential republics and the advantages of parliamentary forms of government. On the basis of social and historical experience in Europe, the paper argues that the parliamentary model provides better guarantees against authoritarian and one-man political regimes. The point is that there has been a rejection of the presidential model in postwar Europe, and even in France and Finland the emphasis is again on political accountability of the executive to parliament. The great exception, the success of the presidential republic in the United States, is due to national characteristics absent in Europe. The predominance of personal, authoritarian, and totalitarian regimes and the fragility of the democratic tradition are highlighted in a brief overview of Bulgaria's constitutional development. On this basis, the author argues that only parliamentary republics are a guarantee of sustainable democratic development.
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    Public Danger as a Criterion for Distinguishing Administrative Violations from Crimes
    (Plovdiv University Press, 2024-05-06) Hadzhiyska, Petya
    The present article discusses public danger as a criterion for distinguishing administrative violations from crimes from some crimes when the object is the same public relations. Despite the interpretative practice, certain contradictions are still observed when distinguishing administrative violations from crimes, when the acts (actions and omissions) are described in an identical manner in different administrative laws and the Special Part of the Criminal Code. In this regard, the author appeals for legislative changes and a reassessment of public relations, including by dropping their criminal protection.
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    Termination of Legal Proceedings Pursuant to art. 249 (2) CPC and the Term Under art. 63 (4)
    (Plovdiv University Press, 2024-05-06) Georgiev, Tervel
    In the article, the view is developed that when calculating the term under Art. 63 (4) of the Criminal Procedure Code, the time during which the case was in the judicial phase should not be taken into account in cases where, with an effective ruling, the court terminated the legal proceedings and returned the case to the prosecutor due to significant procedural violations committed during the pre-trial proceedings. The position is argued that ID No. 1/2002 of the General meeting of the Criminal board of the Supreme Court should be considered to have lost its meaning. The main idea advocated is that the proposed understanding of the law would achieve the legal protection and disciplinary effect of the norm of Art. 63 (4) of the Criminal Procedure Code, and the up-to-date established practice of the application of the provision should be decisively abandoned.
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    The Border between Dolus Bonus and Misleading Advertising as a Form of Unfair Commercial Practice
    (Plovdiv University Press, 2024-05-06) Popova, Simona
    The subject of this article is an analysis of the risks involved in exaggerating the qualities of goods and services offered by manufacturers and traders. In the light of one of the forms of unfair commercial practice, namely misleading advertising, the study focuses on the permissible limits of exaggeration of the properties of a given product, as well as the legally permitted means and strategies regarding this. Several examples are given that illustrate the border between the so-called "noble lie" (dolus bonus) and the dishonest misrepresentation through advertising.
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    The Place of the Presumption of Causation in Tort Law
    (Plovdiv University Press, 2024-05-06) Goleva, Polya
    The article examines the meaning and place of the presumption of causation in Bulgarian tort law. I make the conclusion that it is reasonable and fair the presumption to find a wider place in the field of unlawful caused damages, because it eases the evidential burden (onus probandi) of the injured persons.
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    The Renunciation of Inheritance from a Minor
    (Plovdiv University Press, 2024-05-06) Ivanova, Gabriela
    The following development aims to examine the nature of the renunciation of inheritance, focusing on the problematics related to the possibility for the minors to renounce of it and examines the two opposing views in the case law regarding the validity of such a renunciation. The legal rules and arguments supporting both are analyzed. Additionally, the development examines the options in the doctrine regarding to the protection of the interests of the minors and the application of Art. 130, para. 3 and para. 4 of the Family Code.
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    Types of Fair Commercial Practice
    (Plovdiv University Press, 2024-05-06) Hristeva, Irina
    Fair commercial practices are essential for the development of modern society. Therefore, in the national soft law rules are provided by the Code of ethics. Examples for fair commercial practices are digital marketing, collaboration with influencers, SEO, ambush marketing, advertisement, sponsorship.
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    Types of Misleading Commercial Practices
    (Plovdiv University Press, 2024-05-06) Topleva, Silviya
    Misleading commercial practices violate consumer sovereignty, legal security and compromise the effectiveness of market equilibrium. The research of the types of misleading commercial practices in the study was carried out on the basis of national and supranational regulatory framework and the activity of the law enforcement authorities – the Consumer Protection Commission and the administrative courts.
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    Unfair Commercial Practices in Distance Contracts. Influencer Marketing - The Nest of Unfair Commercial Practices
    (Plovdiv University Press, 2024-05-06) Penova, Lilia
    The essay examines the phenomenon of "influencer marketing" and the legal problems in connection with the danger of unfair commercial practices that are widespread in the field. This calls into question the protection of consumer rights. This essay aims to shed light on the evolving legal framework designed to ensure ethical conduct in this dynamic sphere.
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    What are the Substantial Procedural Violations Requiring the Termination of the Legal Proceedings and the Return of the Case During the Pre-Trial Phase
    (2024-05-06) Rusev, Gabriel
    The essence of this article is to select the essential remediable procedural violations, necessitating the termination of the court proceedings in an injunctive hearing and the return of the case in the course of the pre-trial phase, from those which do not require the return of the case to a previous stage or are irremediable.