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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Now showing 1 - 20 of 59

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Same but the Contrary
(Plovdiv University Press, 2001-01-15) Mihaylova, Mihaylina
In the development reference is made to oppositions and antinomies, as they are subject of consideration by philosophy and the various schools of philosophy. This paper aims to present multifacetedness of the concept of the opposite.
Labour Contracts with a Definable Term
(Plovdiv University Press, 2001-01-15) Genova, Yaroslava
The development draws attention to the employment relationship that arises in connection with the leasing of labour. The nature of the term is indicated as a modality – an opportunity for the parties to the labour contract to negotiate it. Emphasis is placed on contracts “until the completion of a certain work”, to replace a worker or employee who is absent from work, and to work in a position that is filled on the basis of a competition.
Some Aspects of "Usage Destination" Notion
(Plovdiv University Press, 2001-01-15) Panayotova, Lyuba
In the present work the various legal relationships that the right of use includes are taken into account. Attention is drawn to the multifaceted nature of the right of use and its characteristic importance in civil law. The contribution of property restrictions to the protection of the interests of the individuals and society as a whole is considered.
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.
The Madrid System on International Trademark Registration
(Plovdiv University Press, 2001-01-15) Dimov, Diman
The article emphasyses on the newly adopted Trademark and Geographical Restrictions Act and its reference to the Madrid Agreement as it relates to the international trademark registration. A brief summary of the agreement and the order in which the registration takes place is presented. Special attention is also paid to the Protocol on the Madrid Agreement on the International Trademark Registration. In conclusion, advantages for the Republic of Bulgaria from the ratification of Madrid Protocol are reported.
Residence, Address Registration. Permanent and Current Address According to Basic Bulgarian Legislation
(Plovdiv University Press, 2001-01-15) Shopov, Angel
The present work aims to clarify the concepts of residence, address registration, permanent and current address. The main problem that arises with the use of the term “residence” is touched upon. The historical aspects and the new content on the concept are considered.

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