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By Livia Oglio
Distribution contracts fall outside the categories of contracts specifically defined by the Italian Civil Code: there is no legal definition or specific regulation of distribution to be found in other statutes, as is the case in most countries.
By Nadejda Krastanova
The party seeking the recognition and enforcement of a judgement rendered by a foreign court ("FCJ"), including in cases where the jurisdiction of such foreign court is based on the contractual choice by the parties to an agreement, is required to apply for the recognition and enforcement of the FCJ before the Sofia City Court ("SCC").
By Nadejda Krastanova
This article discusses the options for requesting attachment of goods as a security for the enforcement of the court award to be issued in the litigation procedure and as a material evidence in the litigation procedure, as well as the possibilities for appealing the court rulings issued in relation to the requested attachments.
By Nadejda Krastanova
Bulgarian law recognises both national and international protection and enforceability of industrial property (including patents, trademarks, service marks, geographical indications, industrial design), copyright and other related rights.
By Nadejda Krastanova
Taxation
By Nadejda Krastanova
Labour relations in Bulgaria are governed by the provisions of the Bulgarian Labour Code (hereinafter referred to as the "LC") and various Regulations on its implementation. The LC establishes the minimum standards and requirements that must be observed by either party to a labour agreement.
By Nadejda Krastanova
Bulgarian law recognises the following types of commercial companies exhaustively listed in the Law on Commerce: (i) general partnership; (ii) limited partnership; (iii)limited liability company or one-person-owned limited liability company, hereinafter referred to as LLC; (iv) joint stock company or one-person-owned joint stock company, hereinafter referred to as JSC; and (v) company limited by shares.
By Nadejda Krastanova
The real estate regime in Bulgaria is governed by the Law on Ownership, the Law on State Ownership and the Regulation on the implementation thereof, the Law on Municipal Ownership and the Regulation on the implementation thereof, the Law on Ownership and Use of Agricultural Land and the Regulation on the implementation thereof as well as by the Law on Cadastre and Real Estate Registry and the Ordinance on Entries.
By Nadejda Krastanova
The Constitution introduces two general principles that directly impact the legal environment for international investments in Bulgaria and guarantee that investors are treated in a nondiscriminatory way: the principle of equal treatment of foreign and local investors and the principle of priority of international treaties over domestic legislation.
By Nadejda Krastanova
According to the fundamental principles embodies in the Constitution, Bulgaria is a republic with parliamentary governing system. It is a unitary (centralised) state with local selfgoverning authorities whereas no autonomous territorial formations exist. The principle of supremacy of law is flagged out as a cornerstone of Bulgaria's new constitutional regime. This principle is further supplemented by the rule that the provisions of the Constitution have direct applicability.
On 27 May 2003, the Parliament of the Republic of Serbia adopted the Law on Financial Leases which was published in the Official Gazette of the Republic of Serbia on the same day.
By Eleonora Ballarino
When in September 2004 many Italian lawyers came back from vacation, they found themselves a little less independent, even though they may not be aware of that. What happened? The managing partner of an important Italian firm, which is advising the governmentappointed administrator in a very highprofile insolvency scandal but will not take any part in pending disputes with a number of banks, has apparently declared to the international press: "We indicated to [the administrator] that, as a resul
Under Italian law, questions regarding the constitutional legitimacy of legislation that arise in the course of proceedings before a "judicial authority" must be referred to the Constitutional Courtwhich alone has jurisdiction to decide such issues.
By Stefano Sutti
Article 806 of the Italian Civil Procedure Code states that parties may generally refer disputes to arbitration, provided that the subject matter of the dispute is capable of resolution by private agreement
What should a party do when, having signed a free arbitration clause and perhaps even having commenced such proceedings, it finds it necessary to have recourse to the interim protection provisions of Article 669 et seq of the Italian Civil Code in order to, for example, prevent the other party from adopting a course of conduct which is contrary to a clause in the contract?