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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ISSN: 0861-3184 (до 2024)
ISSN: 2815-4304 (от 2024)
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Item HOW RECENT CJEU RULINGS CHANGED THE FOOTBALL REALITY IN EUROPE?(Plovdiv University Press, 2026-10-08) Raychev, KristianIn the period between December 2023 and August 2025, the Court of Justice of the European Union (CJEU) delivered a series of judgments that substantially reconfigured the legal framework governing professional football in Europe. In European Superleague Company (C-333/21), Lassana Diarra (C-650/22), and Royal Football Club Seraing (C-600/23), the Court recalibrated the balance between the autonomy of sport and the requirements of EU law in the fields of competition, free movement, and effective judicial protection. This article examines how, taken together, these three judgments constrain the regulatory discretion of FIFA and UEFA by imposing requirements of transparency, proportionality, and judicial review in areas that have traditionally been governed through private-law sports regulation. Particular attention is devoted to the Diarra judgment and to FIFA’s subsequently adopted Interim Regulatory Framework amending the Regulations on the Status and Transfer of Players (RSTP), assessing whether that framework substantively complies with the reasoning of the CJEU or instead merely seeks to mitigate the immediate effects of the ruling. In conclusion, the article advances the thesis that European football is entering a phase of “controlled autonomy,” in which private sports governance remains legitimate only insofar as it operates within a legally contestable framework compatible with market principles.Item CHANGES IN PASSENGER TRANSPORTATION LAW ON A NATIONAL AND REGIONAL LEVEL IN BULGARIA(Plovdiv University Press, 2026-10-08) Kazandzhiev, TeodorFrequent amendments of laws and ordinances often cause problems in their application and interpretation. It is no different for the acts which regulate the transportation of passengers. The article aims to find a solution to these issues and attempts to answer the question: “How often should a legal act be changed in order to keep up with social and legal changes and without becoming unclear?” A comparison is made to Roman law, where amendments were seldom implemented, and to Common Law, where certain regulations have remained unchanged for a substantially long period of time which highlights the importance of balanced and well-prepared amendments. The importance of the discussed issue goes beyond the strict framework of Commercial or Roman Law. Nonetheless, the focus is on passenger transportation law, which is regulated by a multitude of laws, ordinances and various other legal acts.Item THE CHALLENGE OF CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE REGULATION OF COMMERCIAL TRANSACTIONS(Plovdiv University Press, 2026-10-08) Koleva, ZhanaRelevant for the study is Directive 2011/7/EU on combating late payment in commercial transactions1. On one hand, the regulations are liberal as they provide free access to the EU internal market and equal treatment of all participants there. On the other hand, they provide high protection of creditors` rights. The Directive does not harmonize fully all the rules relating to late payments in commercial transactions and Member States may adopt different ones. Nevertheless, the new rules must be settled in favor of creditors. However, in accordance with the principle of equality and uniform application of EU law, the concepts of the Directive are autonomous and should be interpreted uniformly in all Member States. This challenges national doctrine and practice and changes long-standing traditions and concepts.Item THE FIDUCIA AS CONTRACT IN THE NEW ROMANIAN CIVIL CODE. TERMINOLOGICAL CLARIFICATIONS(Plovdiv University Press, 2026-10-08) Bran, Petrut-GeorgeThe fiducia contract is regulated in the recently adopted New edition of the Romanian Civil Code (2009/2011). This is a novelty in comparison with the older version. The name of this type of contract is taken from the Latin legal language of Roman tradition, and the model adopted by the Romanian legislator is French, as the institution itself was recently (2007) introduced in the French Civil Code. However, as the content is inspired by the Anglo-Saxon trust, some terminological clarifications are necessary.Item PROBLEMATIC ISSUES IN CO-AUTHORED SCIENTIFIC PUBLICATIONS(Plovdiv University Press, 2026-10-08) Dimitrova-Markovska, DarinaAcademic development is a long and laborious process involving the creation and publication of scientific works and educational literature of varying volume and complexity. The introduction of minimum national requirements for candidates in the procedures under the Act on Development of Academic Staff in the Republic of Bulgaria, representing quantitative indicators, has prompted members of the academic staff to publish in co-authorship, which raises a number of questions: the role of each member of the authoring team in conducting scientific research; the designation as coauthor of a person who has not contributed to the scientific publication; copyright on publications; the manner of citing collective work, etc. The purpose of this study is to examine some of the problematic issues in coauthored scientific publications. Possible risks and improper practices in collective works are identified and solutions to overcome them are sought.Item RECENT CHANGES IN POLISH LAW OF SUCCESSION(Plovdiv University Press, 2026-10-08) Kursa, SławomirLaw of succession is an area of law that undergoes relatively infrequent changes. Nevertheless, contrary to appearances, significant amendments are also being introduced within it. A great example is the Polish Civil Code of 23 April 1964 and its fourth book, titled “Inheritancesˮ. Over the past thirty years, over ten major and minor amendments have been made. These amendments concerned various aspects of the law of succession, including statutory succession, the form, content, and executors of wills, as well as compulsory share, unworthiness to inherit, and methods of accepting an inheritance. The purpose of this article is to present these changes, and thus the needs, scope and aims of the changes introduced in Polish law of succession since 1990. These amendments should provide an overview of Polish law of succession and its trends over the past thirty years. Finally, the latest draft amendment to the forms of special wills and the scope of changes it provides for will be mentioned.Item THE BULGARIAN ʻSOCIALISTʼ LAW OF INHERITANCE FROM 1949, AS A PRODUCT OF THE ITALIAN ʻFASCISTʼ CIVIL CODE FROM 1942 – WHAT IDEAS FOR CHANGES IN BULGARIAN INHERITANCE LAW CAN BE DRAWN FROM THE DEVELOPMENT OF ITALIAN INHERITANCE LAW?(Plovdiv University Press, 2026-10-08) Petrov, VasilThe old Bulgarian Law of Inheritance from 1890 is a literal translation of the corresponding provisions from the repealed Italian Civil Code of 1865. Surprisingly, however, the Inheritance Law adopted in 1949, during socialism (and in the Stalinist period), which is still in effect in Bulgaria to this day, is also a reception of the Italian Civil Code of 1942. The latter was adopted during the regime of Benito Mussolini. This second Italy-to-Bulgaria reception is smaller in scope, not without modifications, and moreover, was not acknowledged at the time of its adoption. And it's no wonder – there is no way for socialists (or communists) to admit that they adopt legal norms created by the jurists of a 'fascist' regime. The explanation for this unexpected reception (transplant) is the involvement of two prominent Bulgarian 'bourgeois' civil law professors, Ivan Apostolov and Petko Venedikov, in the working group drafting the inheritance bill in 1948. The first part of the report is dedicated to identifying received texts in the Bulgarian inheritance law of 1949 from the Italian inheritance law of 1942. The second part of the report discusses ideas for changes in Bulgarian inheritance law that can be drawn from the development of Italian inheritance law.Item INTERNATIONAL MULTILATERAL AND BILATERAL AGREEMENTS ON PROTECTION OF THE ENVIRONMENT FROM RADIOACTIVE POLLUTION WITH THE PARTICIPATION OF THE REPUBLIC OF BULGARIA(Plovdiv University Press, 2026-10-08) Penchev, GeorgiThis scientific study is dedicated to the international multilateral and bilateral agreements on environmental protection from radioactive pollution with the participation of the Republic of Bulgaria. The legal measures under these agreements are examined. In the conclusion, some more general conclusions are drawn from the reviewed legal regulation.Item DETERMINATION OF PUNISHMENT IN CRIMINAL COURT PRACTICE(Plovdiv University Press, 2026-10-08) Hadzhiyska-Yosifova, PetyaThe subject of this study is the activity of the court in determining the punishment. Considered as a judicial activity, the determination of the punishment is carried out in compliance with the principles of legality and individualization of the punishment. In addition, individualization of the punishment in the practice of the courts is discussed in a separate point. Attention has been paid to the importance of mitigating and aggravating circumstances, as well as to the rules for reduction of punishment when there are exceptional or numerous mitigating circumstances.Item CONTINUITY AS A PREREQUISITE OF PREDICTABILITY IN LAW AND THE LEGISLATIVE PROCESS: BETWEEN THEORY AND SOCIAL REALITY(Plovdiv University Press, 2026-10-08) Ilchev, KirilThis study examines legal continuity and continuity in legislation as a key prerequisite for predictability and legal certainty. Proceeding from the understanding that predictability is not an autonomous characteristic of law but rather a result of consistent and rational legislation, the paper analyses continuity as a dynamic and complex process of building upon normative, institutional and social experience. From a theoretical perspective, the study clarifies the content of the concept of continuity and its relationship with the principles of quality lawmaking and the legitimacy of the legislative process. From a practical perspective, the Bulgarian law-making process following the amendments to the Law on Normative Acts in 2016 is examined. Empirical data reveal tendencies toward formalization, normative instability, and ineffective use of accumulated regulatory experience, leading to unpredictability and inefficiency within the legal system. In conclusion, the study argues that genuine predictability in law can be achieved only through a balanced interaction between formal and substantive continuity in the law-making process, supported by consistent institutional commitment.Item CHARACTERISTICS OF GOOD FAITH IN THE STATE SOCIAL SECURITY SYSTEM(Plovdiv University Press, 2026-10-08) Filipova, TeodoraThe subject of the study is the legal significance of good faith of the insured person in state social security as a criterion for the recovery of unjustly received social payments. The regulatory framework in Art. 114, para. 2 of the Social Security Code is analyzed, refracted through the prism of the general theory of legal good faith in civil law along with the reflection of the authority method of regulation – i.e. the lack of equality between the socially insured person and the social security authority. The features of a general composition of good faith and special factual compositions of good faith with different legal consequences for the insured person are outlined. The article comments on the relevant case law.Item THE INDIRECT ADMINISTRATIVE REVIEW OF THE LEGALITY OF ADMINISTRATIVE ACTS (INCIDENTAL REVIEW OF LEGALITY, CARRIED OUT BY ADMINISTRATIVE ORDER)(Plovdiv University Press, 2026-10-08) Daskalova, TanyaThis study examines the specific control activity, carried out by administrative authorities in the exercise of their powers, referred to here as „indirect administrative review“, or „incidental review of legality, carried out by administrative order“. Apart from this, other, specific „phenomena“ in legal reality are also briefly analyzed, such as the so-called „indirect administrative annulment“ and „indirect“ challenge. The purpose of this study is to reveal the essential characteristics of the concept of indirect administrative review and to demonstrate its independent place and significance in Bulgarian legal reality.Item PROTECTION OF PROPERTY RIGHTS IN CASES OF UNLAWFUL REGISTRATION OF PROPERTY AS STATE OR MUNICIPAL PROPERTY(Plovdiv University Press, 2026-10-08) Solakov, RosenThe present study examines the legal mechanisms for the protection of the right of ownership in cases of unlawful registration of immovable property as state or municipal property – namely, where the legal grounds for such registration have ceased to exist or where the registration has been carried out incorrectly. The legal nature of acts of state and municipal ownership is analysed as official certifying documents of a declaratory character. The institutes of registration and deregistration are examined, along with the prerequisites for removing property from the property registers and the competence of the relevant administrative authorities. Particular attention is paid to the actions under Article 79(3) of the State Property Act and Article 64(2) of the Municipal Property Act as specific declaratory real actions for the protection of private ownership. Their prerequisites, legal characteristics, and procedural features are analysed. The conclusions emphasise the importance of judicial protection as a fundamental guarantee of the inviolability of private property in cases of unlawful actions by the state or municipalities.Item On the History of Roman Law and Its Relation to the Canon Law(Plovdiv University Press, 2000-01-15) Nikolchev, DiliyanThe 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.Item 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, AnetaThis 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.Item Determination of the Punishment Under the Terms of Article 27 of the Criminal Code(Plovdiv University Press, 2000-01-15) Miteva, DanielaThe 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.Item Legal Regime of Deposit Guarantee in Commercial Banks(Plovdiv University Press, 2000-01-15) Shkretov, KostadinThe 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.Item Who is Protected by Preliminary Protection in Case of Dismissal Under Article 333 of Labour Code?(Plovdiv University Press, 2000-01-15) Filipova, TeodoraAt 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.Item The New Notions in the Trademarks and Geographical Indications Act(Plovdiv University Press, 2000-01-15) Dimov, DimanThe 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.Item Accumulation of Moratory Interest and Late Payment Penalty(Plovdiv University Press, 2000-01-15) Mitev, KrasimirThe 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.