The personality of Assoc. Prof. Rumen Cholov cannot be indifferent to anyone. With his impressive charisma and intellectual wealth, Associate Professor Cholov impresses not only as a man dedicated to science and in particular to Roman law, not only as a lecturer and colleague who left a serious mark with his scientific work in Roman law, but also and as a man with a big heart, a good soul and a fighting spirit. He left a deep memory in everyone who met him, with whom he communicated, and in everyone he taught.

Keywords: Румен Чолов, личност, харизма;

Assoc. Prof. Dr. Rumen Cholov took the discipline of Roman private law in a very difficult period for the Department of Theory and History of Law. After the death of Prof. Mihail Andreev he was the only one who succeeded Prof. Mihail Andreev. Despite the great responsibility he takes on, this does not slow him down, but helps him to show his full potential. His rich intellectual knowledge, combined with the ability to present matter in an understandable way, made Assoc. Prof. Rumen Cholov, one of the most beloved people who the Faculty of Law of Sofia University "St. Kliment Ohridski ”has had and always will have.

Keywords: Румен Чолов, интелект, харизма;

The memory of Assoc. Prof. Rumen Cholov continues to live in people who have contacted him. And how to be forgotten when, with his free spirit and bohemian temperament, he managed to stand out in difficult academic times. People who have witnessed his character and charm, with nostalgia, remember his audacity to speak awkward truths and to be the leader of a new generation of intellectuals. With his great erudition and tact, good will and purity, Assoc. Prof. Rumen Cholov remains alive in the memories of all who touched his highly intellectual and moral image of a good teacher, colleague and person.

Keywords: Rumen Cholov, man, charisma, memory;

The author of this article emphasizes that it does not aim to analyze this topic in its entirety. Sources of ancient law show that there was a connection between the development of "ancient commercial law" and slavery. Also, slavery has influenced commercial law institutes, contributing to their creation and improvement.

Keywords: Roman law, slavery, trade, Antiquity

The topic of seller's liability in the event of an eviction, which I have been dealing with since 1979, in this article is related to new reflections on some aspects that I have not yet considered and which may lead to new results.

In this study, I will present the following case, commented on in classical Roman law: A sells one thing to B and hands over the possession to him, and B expropriates the thing in favor of C. Undoubtedly, B most often occurs (first buyer and second seller) sells the thing to C and hands over the possession to him. I will focus on the case where the two sales are consecutive. I will only add a few remarks on the cases in which the expropriation carried out by B was in the form of a donation or the establishment of a dowry (datio dotis).

In this case, the questions posed to classical Roman jurists are as follows: Can B sue A and if so, what, under what conditions, and what can he claim? The legal connection between A and B is undoubtedly here. Three actions were possible, actio de auctoritate, on the basis of the performed mancipation, actio ex stipulatu, based on stipulatio evictionis, and finally actio empti, based on the contract emptio venditio. The answers to the questions asked differ greatly for the possible three claims.

Keywords: purchase-sale, eviction, subsequent sale, act of auction, action ex stipulatu, action empti

Lawyers use words carefully, and especially in public speeches, they often use Latin expressions. They do this not only to make their arguments sound more sophisticated, but also to defend their elegant statements with classical maxims and well-tested concepts based on the practice of ancient Roman jurists who knew the law well and were part of a practical society.

Latin sentences are associated with rules, maxims, definitions, prescriptions, or principles. It is impossible to clearly distinguish these terms, although this is done in the terminology used in the contract law of the continental legal circle.

How do modern lawyers best use Latin maxims and sentences? A possible approach is presented in connection with the rule nemo plus iuris ad alium transferre potest, quam ipse haberet. Трябва да се следват следните шест стъпки: използвайте максимите точно, бъдете наясно с контекста на вашето цитиране, не позволявайте да бъдете изненадани, уверете се, че максимата е добре установена в правото, не пренебрегвайте свързани и попълнителни максими, имайте предвид контекста.

Keywords: Roman law, methodology, legal maxims, legal principles, nemo plus iuris

This article begins with a new study of the concept of commercial law in its historical development from the ancient to the modern world. Having outlined the various models that have been followed over the centuries, opinions are set out which lead to the acceptance, of course with certain restrictions and with the necessary caution, of the existence of a 'Roman commercial law', at least as regards one a certain epoch of historical development of Roman law.

The role of bankers is further considered, specifying the concepts and inherent terms of their activities, in order to examine immediately afterwards the evidence of their presence in some parts of the Eastern and Central Mediterranean in the period between III and I century BC. Hr.

The study continues with an analysis of the individual activities for which we find information in the sources of this historical period: loans, deposits, financial intermediation in auction sales, bank accounts, accounting records and compensation. The focus shifts further to the organizational schemes of exercitio mensae.

It concludes with two annotations on the formation of a primary core of 'banking law', perceived as specifically linked to bankers and banking activities, and the intertwining of the latter with trade and maritime traffic.

Keywords: commercial law, banking law, Roman law, ancient smith, the Mediterranean

The critical spirit of some researchers felt engaged and forced to give a more complete look to some doctrinal judgments about the legal transaction, accepted until recently as final and firmly established, convinced of the value of legal transaction theory because of its usefulness in shaping the way of thinking. both new lawyers and commercial law professionals and civilians. In its first part, this study analyzes and critically reviews the general doctrinal statements and refinements inherent in novels, delving deeply into the views of some teachers in our science, and includes some reflections on new trends. To all this is added a summary and some notes on the various scientific positions on the so-called legal transaction. For this purpose, an overview of the interpretation of the problem in the works of Emilio Betti is made. General theory of legal business, Vittorio Scialoja. Legal transactions; Ursicino Álvarez Suárez. The legal business in Derecho Romano. (especially from a didactic point of view), and with the corresponding reservations some nuances and coincidences in the opinions are brought out, without forgetting Betty's idea of ​​perfecting the theory of the legal transaction using the historical-dogmatic method.

Keywords: Legal Deal, Roman Law, Elements, Pandectics

The title of this article (La negozialità romana: Phenomeno storico e modello metastorico. Note sulla causa contractus) is the paradigm of reflection around Roman negozialità, a complex phenomenon that modern research has reached, referring to the established experience and taking into account the specifics of matter.

In the following pages, the topic of negotialità will be considered "again", in an attempt to interpret specifically historical and legal studies for the needs of methodological renewal, which will explore in depth the ancient sources and create a way to characterize the disorderly system in which they are found. calcifications and theories, significant since the first century AD and useful for the modern interpretation of the treaty.

The author uses research tools that take into account the dialectic between the vocabulary of negozialità and the language system developed in case law to show the solid dynamics of terms such as the cause. In accordance with the study, we will trace the evolutionary stages of the Western novelistic doctrine of the nineteenth century, in connection with a concept that, although in a different light, expresses a single core. The analysis was made by examining the sources from which this concept derives (50.16.19 D. and E. 2.14.7 PR - 4), the debate in jurisprudence and the integration of the concepts of causa и sunallagma.

Keywords: Causa, sunallagma, negozialità, contractus

       Between the first and third centuries AD. Banking is also practiced by urban municipalities, which provide interest-bearing loans as a kind of investment. The article analyzes the administrative aspects of the loan agreement from the point of view of the creditor municipality.

Keywords: banking activity, municipia, civitates, decreta decurionum, curatores rei publicae

Antonio Díaz Bautista, professor of Roman law at the University of Murcia, published between 1979 and 1987 a series of works on personal collateral for receivables and banking transactions in Justinian's law. The present presents the results of these studies, including the monograph "Studies on Banks in Byzantium" (Estudios sobre la banca bizantina), published by the University of Murcia in 1987. It analyzes the individual banking contracts regulated in the Novels of Justinian and and innovations introduced into the legislation at the request of the corporation of bankers. Special attention is paid to the author's conclusions regarding kazara antifonesis and its identification as receptum argentari, which is supposed to be revoked in CJ 4.18.2.

Keywords: Justinian, bank, personal security, Antonio Díaz Bautista, prescription argentarii, kazara antifónesis

In ancient times, there were probably no measures to protect the debtor when the default was due to the creditor. The practice of depositing sums of money and valuables in temples has been widespread since ancient times in Rome, presumably in order to free the debtor from his bond after having made all possible attempts to repay and yet failed to do so he did it.

Keywords: default, delay, oblatio, obsignatio, depositio, consignatio

The recently renewed interest in maritime loans in Roman law still fails to dispel ambiguities about its origin and the structure of the transaction, allowing for the possibility of pecunia traiecticia cum points (combination of loan and basic penalty stipulation for penalty) and the less frequently used pecunia traiecticia sine točka (combination of loan and interest stipulation and only sometimes for principal).

The fluctuations arising from the scarcity and fragmentation of the sources at our disposal are primarily related to the few texts on the maritime loan in the Digests and in the Justinian Code (D. 22.2 and C. 4.33), as well as in a papyrus ( PVindob. Gr. 19792) from 149 AD. They increase if the problem is put in relation to various ancient practices and especially to the Greek, given that the Greek loan model was widespread in the Mediterranean. .

The possible perspectives of this study, as well as of other institutes of commercial maritime law during the Roman Empire in its unity towards the end of the classical period, are related to determining the influence of Greek Hellenistic law on Roman but also the independent development of both legal systems that independently reach identical legal solutions, as well as for a possible, albeit less probable, advantage of Roman practice over Hellenistic one.

Keywords: Roman law, commercial maritime law, maritime loan, pecunia traiecticia cum points, pecunia traiecticia sine points, TABULAE POMPEIANAE 13.34

The death of Alexander the Great (235 AD) marked the beginning of a long period of crisis for Rome. The second third of the third century AD. is characterized by significant political instability, which also causes serious economic instability. Inflation is rising. The economy is in recession, the value of money is constantly fluctuating, which often leads to their devaluation and loss of purchasing power. Lenders are becoming increasingly cautious in their efforts to avoid risk. They use various legal means to effectively secure their loans and protect their interest rates. They want adequate legal protection for their claims, especially for monetary ones.

As the examples given in this study show, the legislative policy of the various emperors did not remain alien to the state of instability. They took various measures in this context and issued provisions, mostly concerning credit relations, which at the end of the third century AD. lead to a mitigation of the acute economic crisis.

Keywords: III century AD, political instability, risks, legal measures, credit relations.

The problems related to contractual liability are manifested - regardless of their respective individual system - on the plane of the structure for the decision on liability as well as on the plane of distribution of the burden of proof. The contribution, after considering the main classical sources on the subject of  custodia и за receptum, offers an up-to-date re-reading of the criterion carved into the expression  praestare custodiam, through a strict interpretation of Art. 1218 of the Civil Code and the provisions regarding the so-called liability ex recepto which emphasizes the general and objective nature of the contractual liability (ie the alleged breach in itself and not the fault), as well as the reinterpretation of the sign 'cause', which cannot be attributed to similar linguistic descriptive expressions in the field of lack of responsibility for obligations that emphasize the flexibility of the ‘classical method’ of classical Roman jurisprudence and flow into  regula  наutilitas contrahentium.

Keywords: custodia, receptum, utilitas contrahentium, contractual liability

The article presents how the unlimited liability of the trader-entrepreneur (institor) in Roman law depends on the precise definition of the range of its rights and obligations in relation to its commercial activity, as well as publicity through proscriptio of these rights set out in  praepositio.

Keywords: unlimited liability,  institor,  praepositio,  proscriptio

The Athenian Decree on Weights and Measures from the end of the 2nd century BC, IG II² 1013, is a frequently cited source of ancient legal history, but is rarely considered in greater depth. This is especially so from the point of view of legal and / or economic historians; the research conducted so far is mainly epigraphic, metrological and numismatic. At the same time, the analysis of the economic aspects of ancient history, especially ancient legal history, is becoming more widespread. Douglas North's theory of the New Institutional Economy has a special influence in this regard.

This article deals with § 3 of the decree, which requires the use of a new volume measure, and in particular § 4, which reforms the market unit of weight mna, ie. increases it to 8.7%. The article aims to try to clarify the legal purpose of the decree, as well as the possible economic consequences of it. So far, the introduction of these changes has been considered and discussed by some historians mainly as a matter of confrontational economic policy, ie. whether the decree was adopted after political pressure from increasingly dominant Rome, or rather as a precautionary measure against Athens against possible fraud by Roman businessmen.

After examining and recalculating the ratio between the then predominant units to the weight of the Roman pound, the Athenian mna and the Roman and Athenian talent before and after the decree was issued, it is alleged that this decree led to compatibility through easy convertibility between these units and thus trade has been facilitated not only between Rome and Athens, but also between all territories using these units throughout the Mediterranean, to reduce transaction costs, as defined by North in the theory of the New Institutional Economy. Given North's statement that "measurement costs […] are the reason for the creation of social, political and economic institutions", the interpretation of the Athens Decree on measures and weights in a protectionist way for Athens against Rome contrasts with the statement that the decree may to be better understood as pragmatic and prudent business regulation, achieving early harmonization through standardization, which all participating parties can benefit from.

Keywords: Weights and measures; IG II2 1013; Metrological harmonization, new institutional economy; Transaction costs; Cost measurement; mna emporike; Talenton Emporikon; libra; talent; choinix

The Western Roman Empire is a new empire detached from the old unified Roman Empire, which loses its dynastic legitimacy, despite being the cradle of civilization and Roman power, so that the glory of the Latin heritage is taken over by the Eastern Empire, proclaiming itself "nova Roma ”. Moreover, various factors intertwine in the Late Empire and unite in general the problems related to the markets and the big trade operators. Due to the apparent decline in the market, cities and communications, several emperors took consistent measures to protect trade and to preserve ethical principles in entrepreneurship.

КЛЮЧОВИ ДУМИ: Negotiatores, trade, Late Empire, Western Roman Empire, taxes.

This study analyzes the legislation of the Roman Empire, which establishes the principle of irrevocability of the sale made by the tax authorities, even when translatio dominii не се придружава от traditio, provided that the buyer has paid the sale price of sub hasta.

КЛЮЧОВИ ДУМИ: fiscus; dominium perpetuum; sub hasta; solutio pretii; translatio dominio

The loan agreement is one of the most important contracts of modern contract law. What is its significance is confirmed by the fact that it is talked about immediately after the contract of sale, the most significant contract of property law. Although the use of foreign property was known in the oldest tribal system of society, the roots of the loan agreement are in Roman law. In other words, the modern loan agreement contains all the characteristics of the Roman mutuum, although it can almost certainly be argued that the loan agreement was not an original institution of Roman law. For this reason, whenever the genesis of the modern loan agreement is mentioned, the creation and development of this agreement in Roman law is taken as a starting point (mutuum).

КЛЮЧОВИ ДУМИ: римски  mutuum, Loan agreement, creation, development, pre-classical, classical, post-classical period of Roman law

The article examines some problems and fragments of the significant Roman law in the field of liability of entrepreneurs and carriers in maritime transport in ancient Rome.

It is generally accepted that in the field of maritime trade, legal relations arising with slaves and subordinates are a form of direct commercial representation governed by praetorian law, and they engage the liability of the pater familias, respectively the dominus. C actio exercitoria overcomes the strict norm of civil law that valid contractual relations cannot arise with subordinates. There is still a discussion about the stages of the creation of this legal framework, as well as the protection of the interests of third parties with it.

The article clarifies the terminology used and the status of the exercitor and other persons engaged in maritime trade under Roman law. In the novels, the ship's entrepreneur is generally called the "exercitor." He may be the owner or charterer of a ship "ad tempus vel in perpetuum" (D.14. 1. De exercitoria actione, 1. 15), which he may use for navigation at his own expense and risk. Not only free, but also women, subordinates, slaves and even minors (with auctoritas tutoris) can operate as an executor. Magister navis is the person appointed by the exercitor as master of the ship (slave, subordinate, or free), who is rather a manager and deals with everything related to maritime transport as a type of commercial activity: “Magistrum navis accipere debemus, cui totius navis cura mandata est “.

The article presents the complex relationship between exercitor, gubernator navis and magister navis and the division of their functions in trade and navigation.

Keywords: sea trade, exercitor, magister navis, personae alieni iuris, servi, actio exercitoria

Roman literature is an important source of Roman law. The article examines the opening text of a letter from the poet Horace to his friend Flor. The letter is devoted to literary issues, but discussing the problems in poetic art, the author uses metaphorically different legal situations, as in this case - buying and selling a defective item.

Keywords: contract of sale, runaway slave

The study examines the problem of tax fraud in the context of portorium, the indirect tax on the circulation of goods intended for resale. The starting point is some legal texts that have come down to us by epigraph or as part of Justinian's codification, which define the main types of fraud and abuse aimed at alleviating or avoiding the burden of portorium-a. After drawing a picture of the practices prevalent among traders on this basis, we move on to an analysis of the well-known Tire dossier. A careful reading of the text allows us to get acquainted with other variants of fraud and abuse, omitted in the normative texts, but at the same time characteristic of the dynamics of relations between the Roman authorities and the provincial communities.

Keywords: Portorium, tax fraud, abuse, smuggling, Tira

The article examines the meaning of the term "public" in the light of the texts of Guy and Ulpian, which have reached us through the Digests of Justinian. In the excerpts preserved in Corpus Iuris Civilis, in addition to pointing out the main activities and the profile under which the legal significance of public companies arises, obviously different from ordinary civil society under Roman law, constitute clear evidence of the survival of the phenomenon and its widespread distribution throughout the country. This fact is also attested in the epigraphic sources, from which it is clear that the publications continue to exist, and at the time of the Principle, beyond the chronological boundaries set by the majority of the doctrine. Particular attention is paid in the present study to the state provided to them corpus habere or a legal entity. The article concludes, based on texts by Cicero and other authors, that it can be concluded that by their nature, structure and internal organization the companies in which the publications were organized represent the prototype of the modern commercial company.

Keywords: публикан, дружество, corpus, societas, юридическо лице, Гай, Улпиан

This article focuses on the four main types of doctrinal approach to the question of the existence of commercial law in the Roman legal system. Addressing this fundamental issue is preceded by an examination of different definitions of commercial law and the criteria for distinguishing it from civil law as a branch of private law. Some scholars study the existence of commercial law in the Roman legal system from the standpoint of the traditional concept of dualism, according to which civil and commercial law are closely related, but are still different branches. Others see "Roman commercial law" as a set of special provisions of civil law that created the "legal infrastructure" of commercial relations in ancient Rome. A third group of scholars argues that "Roman commercial law" should be considered a "special private law of trade." There is also a modern fourth approach in modern Roman doctrine. Its main point is that the so-called "Roman commercial law" cannot be seen as a real "ius mercatorum". Rather, it was created by the praetor 'ius exercitorum' in so far as it concerned entrepreneurs in certain economic sectors, such as shipowners / masters in merchant shipping (exercitor navis), innkeepers (cauponae, stabularii), bankers (argentarii) and others. The main purpose of 'ius exercitorum' is to ensure a sufficient level of legal protection afforded to customers in contractual relations with the contractors in question.

Keywords: Roman commercial law; exertion action; institatory action; tributary action; receptum cauponum, nautarum vel stabulariorum; Argentum recipe; singular; "Ius exercitorum" vs. "ius mercatorum"

The article examines the formation of the concept of consensual contracts in Roman law through ius gentium.

Keywords: ius gentium, contract, consensus;

Officially established as a state in 1848, Switzerland has existed as a political entity since the middle of the Middle Ages. Located in the heart of Europe, the country has benefited from the influence of many cultures, which have also contributed to the development of law. This article presents a synthesis of perceptions of the tradition of Roman private law in Switzerland. It focuses on four main aspects: the reception of Roman law (13th-17th centuries), legal science (16th-19th centuries), cantonal and federal codifications (19th-20th centuries), and finally Roman law today. The contribution is that it is not enough to simply talk about the experience of Roman law; rather, it is necessary to speak of a multitude of diverse influences based on the Roman legal tradition. Whether it is medieval Roman law, Roman humanism, pandectic Roman law, or codified Roman law, it is never Roman law itself.

Keywords: Switzerland, Roman private law, reception, legal science, codifications, Roman law experience

The franchise agreement is usually considered to be an unnamed mixed agreement or sui generis1. It may therefore be interesting to consider the evolution of a contract that has no connection to another contract governed by law, but is the result of a regrouping of basic obligations arising from many different contracts.

Keywords: franchise agreement, unnamed mixed agreement, sui generis agreement, cancellation of the franchise agreement, unjustified cancellation, damages and lost profits

The question of the development of the effect of the debtor's delay will be considered in this article by means of a special case. When the debtor is obliged to give a particular thing, at a specific time, and he does not do so, what happens to his obligation if it becomes impossible from the appearance of force majeure? Imagine that Jean is obliged to give Pierre a horse called Lightning on March 1st. Jean did not fulfill his duty on the specified date, and on March 10 the horse died. The question is: does Jean remain responsible and is Pierre the one to take the risk? This case finds a similar solution in the various modern legal systems in Europe and Latin America.

Keywords: Roman law; delay of the debtor; contractual liability; inability to perform; DCFR

Roman law laid the foundation stone on which the general theory of the contract, the basic concept of which is the cause, was gradually built in French law during the modern age.

In Rome, the cause is associated with unnamed treaties, abstract or causal stipulations, and unjust enrichment. Medieval jurists used Roman sources related to the cause to summarize the consensual principle in contractual obligations. Once the principle of consensualism was established, the concept of the cause seemed redundant. This was not the case in France, where the cause was known in doctrine (including Dom and Potier) as the cornerstone of consensual theory.

Keywords: basis; contract; agreement; stipulation; unnamed contract; unjust enrichment; obligatory solus; Roman law; history of French private law; Tomato; Potie; Article 1108,1131-1133 of the FGC; consideration

The Roman legal experience contains many norms concerning the safety of navigation, rescue and finding of property and goods in sea waters. The new Maritime Shipping Act 14/2014 is not alien to many of the principles that have been in force since Roman times and which were previously codified in the Commercial Code. This study aims to discover the common points, connections and influence of Roman law on the rescue and removal of goods from the sea. We are trying to study the past to understand the current legislation.

КЛЮЧОВИ ДУМИ: Law on maritime shipping, rescue, finding, assistance, non cure non pay

Recourse to the services of third parties for the development of trade and economic growth played a key role in ancient Rome. Then, as today, in the management of commercial affairs, the services of all interested parties were usually used. Most often this was entrusted to the care of sons or slaves, but sometimes the help of another free man or a foreign slave was resorted to.

For that reason, it is only natural that there should be claims relating precisely to that question. Among them can be listed actio institoria, actio exercitoria, actio quod iussu.

The article examines the "experience" of these claims and the responsibility for them in modern law.

Keywords: аctiones adiecticiae qualitatis, commercium, personae alieni iuris

The independent guarantee contract can be defined as an abstract transaction, as the causal element is not clearly manifested in its structure. In this context, at the moment when the guarantee is requested, there may be a lack of cause to justify it and therefore prior control of its existence is necessary.

Keywords: abuse of rights, independent guarantee contract, cause of the contract, еxceptio doli generali

As Fadda says, we should not think that commercial law was developed in ancient Rome in the modern sense, but we should be content to study how Roman law developed at different stages of its development and for the needs of trade norms that they allow us to understand and teach this discipline today.

This article analyzes some of the safeguards introduced in Rome's commercial and banking activities.

This is the case for debtors under a loan agreement (mutuum), на които е дадено exceptio non numeratae pecuniae in order to limit the power of usurers. With this procedural means, the burden of proof is shifted to the lender, who must prove that the numeratio.

The other measure considered is receptum argentarii, which allows two distant and unknown persons to enter into sales contracts through a banker.

Finally, the situation of the bankers during Justinian is presented. They are experiencing a serious crisis, and in order to protect credit relations, Justinian enacts measures in favor of bankers, which are politically necessary but legally controversial.

The three analyzed cases concern the reception that these measures had or could have in the current state of the Argentine Republic.

Keywords: Roman law, protection, bankers

Prof. Dr. Marilina Miseli, Dr. Esther Ferrer de Through the prism of Roman law - the cradle of our Western culture and a direct source for the development of legal science, this work justifies the loan agreement as a typical real contract. Here we analyze its contemporary projections in the latest draft legislative changes in the Argentine Republic and confirm its original character, which has preserved the connection and correspondence between cause and effect - evidence of the extensive knowledge and practicality of the Romans.

Keywords: Real contract, loan agreement, Roman law

Roman law does not know the general concept of a legal entity, although it individualizes different types of legal entities and social and professional communities as holders of rights and obligations. Their seat is the link between them and a certain territory, which is defined in their statutes or by the legal order and public authority.

Modern positive law contains specific norms for the registered office of the various legal entities related to the legal representation and the place of performance of their main activity, as defined in Art. 41 of the Spanish Civil Code, as well as norms for determining the registered office on the territory of Spain of various legal entities under Article 28 of the Civil Code.

Keywords: domicilium, registered office, legal entity, Roman law, modern Spanish law

The article presents a brief overview of the new one lex mercatoria as a phenomenon of legal globalization (global law) and offers a critique of the so-called "harmonizing" nature of this legal phenomenon, related to the creation of a hegemonic model of modern business law, which, however, moves away from the categories of the European legal tradition. The article summarizes the trends for deeper unification of European private law under the influence of political and legal mechanisms, which limits globalization and ensures the preservation of the legal standards of the civil European tradition.

Keywords: lex mercatoria, commercial law, private law, European legal tradition

The subject of commercial relations governed by Roman law is related to the problems of society (societas), which united the efforts of Roman citizens to carry out commercial activities, often by investing considerable capital and uniting many persons to achieve a certain commercial goal. . In connection with this, some procedural issues are raised, which are the subject of this article.

Keywords: societas, action for society, action for common communes, Lim law, modern law

Notarial documents had a constitutive character and are a material and legal prerequisite for the important role they play and is of key importance for the life of the municipalities on the Adriatic coast. This issue mainly concerns civil turnover, and in particular real estate, personal and real security for debts, as well as dowry or making a will. The practice of settling this issue through a notarial deed comes in the medieval Adriatic cities from the cities in the Mediterranean area and is indicative of the reception of Roman law by ius commune. In some less developed areas, of course, there were exceptions to these rules, which is perfectly understandable when some local features are taken into account.

Keywords: Legal transactions, the Middle Ages, notarial documents, ius commune

The article offers an analysis of two of the latest amendments and additions to the Civil Procedure Code / SG, issue 50/2015 /. One refers to the provision of Article 104, item 6, which creates a new hypothesis determining the generic jurisdiction of the district court: regarding claims, regardless of their price, combined in one claim with a claim generically subject to the district court, if subject of examination under the same procedure. The other provides for a prohibition for the court to divide the joined claims when there is a connection between their subjects, except when they are subject to consideration by the order of different proceedings (Art. 210, para 2, sentence 2). After a critical analysis of the meaning and content of the new provisions, the conclusion is proposed that the considered amendments to the CPC can be shared as timely, internally coordinated, and necessary for the effectiveness of the claim protection, if the rule of item 6 in Art. 104 CPC refers to the generic jurisdiction of the district court not only in the case of initial merger on the initiative of the plaintiff, but in all types and forms of joining claims, but only when there is a connection between the subjects of individual claims and provided that the initial ( or the conditional) claim is generically adjudicated by the district court. The requirement of uniformity in the application of the two new provisions should also not apply in cases where there is a link between the joined cases.

Keywords: Changes in the Civil Procedure Code, joined claims, jurisdiction

Insolvency proceedings, in so far as they are a form of enforcement, follow the history of the development of enforcement against the debtor. Therefore, its historical roots are logical to be associated not with the emergence and development of commercial law, but much earlier with the legal regulation of the first forms of enforcement. Roman law recognizes individual enforcement, but it does not recognize insolvency proceedings as a form of universal enforcement. In this article, a brief comparative analysis is made between the various manifestations of enforcement in Roman law (the institutes Venditio bonorum, distractio bonorum, cessio bonorum) and some essential elements of the insolvency proceedings, such as a form of universal enforcement. Similarities between the two forms of enforcement can be found in different aspects, namely: creditors in Roman law for the first time acquire an active role in the enforcement, as they have in insolvency proceedings in the face of the meeting of creditors; the prototype of the future trustee in bankruptcy proceedings can be seen in the face of the Roman curator; the distant prototype of the precautionary concordat can also be found in Roman law; the public declaration of the debtor's insolvency also begins with Roman law; the joining of creditors in the proceedings, the presentation of their claims and their proportional satisfaction is the most essential feature of the emerging universal enforcement in Roman law. The conclusions made only support the long-raised question in the doctrine of the continuity of some of the Roman law institutes with those of modern commercial law.

Keywords: bankruptcy, enforcement, proportional satisfaction of creditors, trustee in bankruptcy

The article seeks the historical roots of the differentiation of the real rights acquired by a spouse-merchant for the exercise of his commercial activity, outside the scope of the matrimonial property community and their determination as personal property of the respective spouse. They were found in the institute of dowry (dos), which upon termination of societas omnium bonorum the husband regained with an advantage over the other creditors. In this solution can be found the germ of the idea established today in a number of legislations that in the patrimony of the spouse - merchant is a specific set of rights, designated as a commercial enterprise, and that this complex is distinguished from the matrimonial property community. The manifestation of the idea in the Bulgarian private law is considered and its historical development is traced, which began with the recognition of personal ownership over the mentioned things from the theory and the case law and continued through an explicit legislative settlement. The separate elements of the factual composition, giving rise to individual ownership over the indicated real rights, have been studied.

Успоредно с това е изследван проблемът дали особеният статус на зестрените имоти може да бъде разглеждан като първообраз на широко разпространения днес институт на съпружеската имуществена общност.

Keywords: matrimonial property community, personal property, real rights, spouse-merchant, commercial enterprise.

The article explores the problems of res incorporales (intangible assets, such as receivables) related to their provision as collateral under a pledge agreement. The starting point of the study is Roman law and more precisely the requirements it places on the so-called real contracts, such as mutuum, commodatum, depositum и pignus. Real contracts are considered to require the actual delivery of the thing, including when it is the subject of collateral. Roman jurists believed that receivables could not be "touched or seen" and this was reason to think that the only way to provide res inscorporales (вземания) като обезпечение под формата на залог е бил чрез quasi possessio. It was also believed that the so-called pignus nominis (pledge on receivables) was possible through pactum или contractus. The actual transfer in this case was not possible due to the legal nature of the subject of the pledge.

In the next part, the article examines the current financial collateral arrangement provided for in Directive 2002/47 / EC. The authors examine the leading case law related to insolvency proceedings in the United Kingdom Gray v G–T–P Group Ltd, Re F2G Realisations Ltd (in liquidation) [2010] EWHC 1772 (Ch) и Re Lehman Brothers International (Europe) (in administration) [2012] EWHC 2997 (Ch). The judgment in the first case stated that G-T-P did not have 'possession and control' because the secured person (pledged creditor) had allowed the subject of the security to be disposed of until a certain point, which means that G-T-P was not entitled to a valid financial security. In the second court decision - in the case Re Lehman Brothers International (Europe) (in administration), the thesis is that “possession” is not excluded in relation to intangible objects ([2012] EWHC 2997 (Ch), para. 131).

It should be mentioned that if the above cases were to be decided in Luxembourg under Luxembourg law, the outcome would probably be different. For example, the case Gray v G–T–P Group Ltd, Re F2G Realisations Ltd (in liquidation) refers to a pledge on cash receivables in a bank account. According to the decision, the secured person (pledged creditor) did not exercise possession and sufficient control over the collateral. In Luxembourg, in the pledge of receivables, the transfer of possession has effect against third parties with the conclusion of the contract - Art. 5 (4) Law of 5 August 2005. for financial collateral arrangements (Luxembourg).

In the decision in the case Re Lehman Brothers International (Europe) (in administration), states that 'deprivation of possession' was necessary. The financial collateral was in the form of financial instruments under a framework agreement between LBIE and LBF of 22 August 2003. It can be assumed that the financial instruments were dematerialized.

Again, according to the legislation of Luxembourg, if a financial instrument is the subject of a pledge, then the possession is transferred / transferred in accordance with the law. 5 (2) (a) Law of 5 August 2005. for financial collateral arrangements (Luxembourg).

It is clear that the legislation of Luxembourg differs in its understanding of possession from the case law of common law. The transfer or transfer of possession of dematerialized financial instruments is achieved by their registration.

In conclusion, it can be concluded that it is not appropriate for national courts to use their own case law in their experience, to reveal the meaning of concepts of European Union law, such as possession and control within the meaning of Directive 2002/47 / EC. Decisions on cases Gray v G–T–P Group Ltd, Re F2G Realisations Ltd (in liquidation) и Re Lehman Brothers International (Europe) (in administration) are based on reasons from older case law, which concerns problems only of common case law. Re Spectrum Plus Limited (in liquidation) [2005] 2 AC 680, Re Cosslett (Contractors) Limited [1998] 2 WLR 131, CA, Queen’s Moat Houses Plc v. Capita IRG Trustees Limited [2004] EWHC 868 (Ch), Agnew v Inland Revenue[2001] 2 AC 710 and Re Bank of Credit Commerce International SA (No. 8) [1996] Ch 245). This violates the principle of autonomous interpretation of the institutions and concepts of European Union law and its primacy over the domestic law of the Member States.

Keywords: EU law, possession, control, res incorporales

The article examines the creation of the first Bulgarian Commercial Law in 1897. as part of the process of building the new Bulgarian legal system. The need to create a Bulgarian law is considered in view of the shortcomings of the current Turkish legislation and its inadequacy to the conditions in Bulgaria at the end of the XIX century, as well as the implementation of the policy of the government of Dr. Konstantin Stoilov (1894-1899). to create conditions for economic development of the country.

The Commercial Law, as well as the other laws in Bulgaria after the Liberation, was created through a reception. The article discusses the reasons why samples of both the German and Romance legal systems were used in the preparation of the project. Admission to the National Assembly takes place in days, without serious discussions or proposals for changes.

The Commercial Law in the Bulgarian legal system includes norms and principles, the formulation of which is a result of the development of legal science and the experience in law enforcement in developed European countries in the second half of the XIX century. The law also has some shortcomings - maritime trade is not regulated, the limited liability company, the consent of the spouse is required to carry out commercial activity by a married woman, etc.

Both the process of adoption and the content of the Bulgarian Commercial Law of 1897. have their shortcomings, but the law is a successful example of the incorporation of modern Bulgarian law into the continental European legal tradition. The adoption of the Commercial Law contributed to the development of economic relations in Bulgaria in the late nineteenth and early twentieth century.

Keywords: commercial law, reception, modern Bulgarian legal system, government of Konstantin Stoilov

The article focuses on the roots of the doctrine of the cause in Roman law. In the context of D. 2.14.7.4 and D. 2.14.7.1-2, the cause proves to be a characteristic element of so-called unnamed contracts, insofar as there was a civil obligation, provided that the "land" was shown / handed over. Secondly, despite the abstract nature of stipulation in Roman law, it can be considered that there is no basis (purpose, cause) for stipulation if the contracting party presents exceptio doli. Third, the idea of ​​the cause arises in connection with the Roman condition for a "sine causa obligation." This article provides additional arguments to the conclusions of the French jurist Prof. Brie that the Romans did not develop a general theory of the cause because they did not need it, given the "closed" (numerus clausus) contractual system in Roman law, but for on the other hand, they often applied the principles of the cause.

Keywords: Doctrine of the cause, Roman contract law, unnamed contracts, stipulation, exceptio doli, condictiones sine causa

The study focuses on the content of dolus bonus in ancient Rome today. Its relation to is considered dolus malus and its place in the construction for dolus. In modern law, the problem is most often discussed in fraud as a ground for the annulment of contracts, which is done by outlining the differences between the noble lie (dolus bonus) and intent - an element of deception. Numerous systems that act as an external constraint on good intentions have been analyzed. According to them, the phenomenon should not even create the possibility of misleading or harming the interests of the addressees.

Keywords: dolus bonus; dolus; fraud; destruction of a contract; good intent; White lie; advertising; consumers; competition