Law Of Bulgaria
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Law Of Bulgaria
Bulgarian law is a largely civil law system, based on epitomes in French law and German law. It retains increasingly fewer elements of Soviet law. This makes the state's approach to criminal law inquisitorial rather than adversarial, and is generally characterised by an insistence on formality and rationality. Commercial law is of an increasingly good drafting quality and the markets in Bulgarian legal services, that are slower to emerge than those elsewhere in Central and Eastern Europe, are becoming more competitive. See also * Constitution of Bulgaria The Constitution of the Republic of Bulgaria ( bg, Конституция на Република България, ''Konstitutsia na Republika Bǎlgariya'') is the supreme and basic law of the Republic of Bulgaria. The current constitution was ... References World Factbook of Criminal Justice Systems Freedom Houseon the effectiveness of the Bulgarian system External links {{Authority control ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Epitome
An epitome (; gr, ἐπιτομή, from ἐπιτέμνειν ''epitemnein'' meaning "to cut short") is a summary or miniature form, or an instance that represents a larger reality, also used as a synonym for embodiment. Epitomacy represents "to the degree of." An abridgment differs from an epitome in that an abridgment is made of selected quotations of a larger work; no new writing is composed, as opposed to the epitome, which is an original summation of a work, at least in part. Many documents from the Ancient Greek and Roman worlds survive now only "in epitome," referring to the practice of some later authors (epitomators) who wrote distilled versions of larger works now lost. Some writers attempted to convey the stance and spirit of the original, while others added further details or anecdotes regarding the general subject. As with all secondary historical sources, a different bias not present in the original may creep in. Documents surviving in epitome differ from those su ...
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French Law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance ...
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German Law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code ('' Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived fr ...
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Soviet Law
The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and Vietnam. Soviet concept of law Soviet law was rooted in pre-revolutionary Russian law and Marxism-Leninism. Pre-revolutionary influences included Byzantine law, Mongol law, Russian Orthodox Canon law, and Western law. Western law was mostly absent until the judicial reform of Alexander II in 1864, five decades before the revolution. Despite this, the supremacy of law and equality before the law were not well-known concepts, the tsar was still not bound by the law, and the "police had unlimited authority." Marxism-Leninism viewed law as a superstructure in the base and superstructure model of society. "Capitalist" law was a tool of "bourgeois ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Inquisitorial
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic v ...
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Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examination ...
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Commercial Law
Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership. Many of these categories fall within Financial law, an aspect of Commercial law pertaining specifically to financing and the financial markets. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law. In the United States, commercial law is the pr ...
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Central Europe
Central Europe is an area of Europe between Western Europe and Eastern Europe, based on a common historical, social and cultural identity. The Thirty Years' War (1618–1648) between Catholicism and Protestantism significantly shaped the area's history. The concept of "Central Europe" appeared in the 19th century. Central Europe comprised most of the territories of the Holy Roman Empire and those of the two neighboring kingdoms of Poland and Hungary. Hungary and parts of Poland were later part of the Habsburg monarchy, which also significantly shaped the history of Central Europe. Unlike their Western European (Portugal, Spain et al.) and Eastern European (Russia) counterparts, the Central European nations never had any notable colonies (either overseas or adjacent) due to their inland location and other factors. It has often been argued that one of the contributing causes of both World War I and World War II was Germany's lack of original overseas colonies. After World War ...
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Eastern Europe
Eastern Europe is a subregion of the Europe, European continent. As a largely ambiguous term, it has a wide range of geopolitical, geographical, ethnic, cultural, and socio-economic connotations. The vast majority of the region is covered by Russia, which spans roughly 40% of the continent's landmass while accounting for approximately 15% of its total population."The Balkans"
, ''Global Perspectives: A Remote Sensing and World Issues Site''. Wheeling Jesuit University/Center for Educational Technologies, 1999–2002.
It represents a significant part of Culture of Europe, European culture; the main socio-cultural characteristics of Eastern Europe have historically been defined by the traditions of Slavs and Greeks, as well as by the influence of Eastern Christianity as it developed through t ...
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Constitution Of Bulgaria
The Constitution of the Republic of Bulgaria ( bg, Конституция на Република България, ''Konstitutsia na Republika Bǎlgariya'') is the supreme and basic law of the Republic of Bulgaria. The current constitution was adopted on 12 July 1991 by the 7th Grand National Assembly of Bulgaria, and defines the country as a unitary parliamentary republic. It has been amended five times (in 2003, 2005, 2006, 2007, and 2015). Chronologically, it is the fourth constitution of Bulgaria, the first being the Tarnovo Constitution of 1879. It was immediately preceded by the two Socialist-era constitutions–the Dimitrov Constitution (named after Georgi Dimitrov), in force between 1947 and 1971, and the Zhivkov Constitution (named after Todor Zhivkov), in force between 1971 and 1991. Content Political System Distribution of powers The constitution sets about a parliamentary form of government, in which executive power is rested upon the Government of Bulgaria, ...
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