Publications

Our pool of expertise in the complexities of Property Law is not only one of profound knowledge, but also of good research. This is a list of publications by our Senior Associate, Mr. Stoyan Stavru.

Books

1. „Property legal issues related to human death. The dead human body before and after the funeral", Sofia, published by Sibi, pages 328.

2. „Neighborhood relationships from a legal point of view", Sofia, published by Feneya, pages 292.

3. „Legal matters as per Bulgarian Real Estate Law", Sofia, published by Feneya, pages 1040.

4. „Human body as a subject to Property law", Sofia, published by Sibi, pages 216.

5. „Public Real Estate rights. Constitute and Real estate legal aspects", Sofia, published by Feneya, pages 126, in co-authorship with Peter Iliev.

 

Articles

1. „Spouses Property Community upon partition of the inheritance with shares equalization", magazine "Property and law", 2008, bk. 11, p. 37-44;

2. „Loan for use of movables", Application to magazine "Commercial and competition law", 2008, bk. 11, p. І-XXXVІ - Reviewer: Prof. Ognian Gerdjikov;

3. „The existence of the preliminary contract upon signing of the final contract", magazine "Commercial and competition law", 2008, bk. 10, p. 25-33;

4. „Mortgage establishment upon off-plan building when there's not lifted mortgage upon the land where the building has been", magazine "Property and law", 2008, bk. 10, p. 5-15;

5. „Physical limits of the real estate rights", magazine „Today Law", 2007, bk. 4, p. 22-37;

Resume

The article considers the issue of the physical boundaries of real rights with a view to the achievements of the modern physics and the crescent possibilities of the human to have an effect on his environment. The exposition is based on the presumption that the real rights extend as far as the human power present. A particular attention is paid to the interrelation between the state sovereignty and the right of ownership as well as to the modification of the real rights with the transition of the things into spaces with different legal orders.

6. „The beginning of human life and its legal meaning in terms of property rights (legal matters related to the property over the human embryo)", magazine „Medical Law", 2008, bk. 2, p. 12-41;

Resume

The beginning of the human life is one of the most arguable questions in the contemporary medical law. In research of its response different conceptions and criteria are used. They are classified in three groups - biological, social and moral criteria. The article considers the significance of the beginning of the human life in respect of the possible real right claims, which can be made toward the human embryo. The embryos reduction, the right of abortion and the surrogacy are examined with a view to legal status of the human embryo.

7. „Transfer of business establishment and the after coming legal property consequences", magazine "Property and law", 2008, bk. 6, p. 5-13;

8. „The securities, given by third party, upon changes of the main debt", magazine "Commercial and Competition Law", 2008, bk. 6, p. 26-34;

9. „Construction right and the property right over a building", magazine "Law reflection", 2008, bk. 2, p. 40-56;

Resume

This article considers the legal nature of two mutually connected real rights - the right to build and the right of ownership over the already constructed building. The two different concepts concerning the relation between these rights are examined: the idea of transformation of the right to build over the plot into right of ownership over the building and the thesis of parallel existence of the right to build over the plot and the right of ownership over the building. The alternations of the content of the right to build in the different moments of the building process are specified.

10. „Legal possibilities for acquisition of "parking place", сп. "Society and Law", 2008, bk. 4, p. 54-70;

11. „Public promise for reward", Application to magazine "Commercial and competition law", 2008, bk. 4, р. І-ХХІV - Reviewer: Prof. Ognian Gerdjikov;

12. „Property right and natural resource right for use - differences and interrelation", magazine "Today Law ", 2007, bк. 2, р. 43-59;

Resume

The article considers the ecological boundaries of the right of property and it's correlation with the right to use the nature. The differences between natural resources and products of human activity as two separated objects of real rights are delimited. The obligations concerning usage and conservation of the natural resources and preservation of the environment are examined as well as their effect to the concept of the ownership.

13. „The building owner's consent for establishment of upper-build right", Application to magazine "Property and law", 2008, bк. 2, р. І-ХVІ;

14. „Transactions with real estate legal effect for properties with unsettled regulation issues", magazine "Property and Law", 2008, bк. 1, р. 62-70;

15. „Real estate rights for construction above and under open spaces", magazine "Society and Law", 2007, bк. 10, р. 35-46;

16. „Transfer of real estate easement via will", magazine "Law reflection", 2007, bк. 3, р. 33-48;

Resume

This article considers special features of the testament of servitude with a view to it's particular object. Attention is paid to the testament as a kind of acquisition method concerning servitudes. Analysis of the dependency between the legal effect of the testament of servitude and the change of the ownership over the dominant or over the serviced property are made. The legal consequences of such testament of servitude are examined in cases of complications in the will of the testator.

17. „Real Estate easements for many space-connected Real Estates", magazine "Today Law", 2006, bк. 4, p. 7-24;

Resume

The article proposes a classification of easement with regard to the correlation between dominant and servient tenements. Easements provide opportunities flexible enough to satisfy the interest of specific use of adjacent properties. The combination of easements, including the studied parallel, common, mutual, reciprocal and combined easements, may be used by the legal subjects in view of the better servicing of the lands. The flexible usage of different combination of easements is beneficial mainly for the commercial turnover.

18. „Serving Objects", magazine "Law reflection", 2007, bк. 1, р. 31-51;

19. „Establishment will and statements of the entities", magazine "Commercial Law", 2006, bк. 6, р. 81-103;

20. „Legal relations with regards to lost and found objects", magazine "Today Law", 2006, bк. 3, р. 7-27;

Resume

The article considers the relationships, which arise in case of finding a chattel between its owners, the person who has found the chattel and the municipality, which territory the chattel was found on. These relationships are considered as particular case of negotiorum gestio. The idea of concepts of lost, found, stolen, forgotten, hidden and abandoned chattel was clarified and delimitation between them was made. Short analysis of any specific hypothesis of lost chattels is made.

21. „The ship as a specific movable object", magazine "Law reflection", 2006, bк. 4, р. 55-69;

Resume

This article considers special features of the ship as a complex chattel, as specific self-dependent legal order and as a part of the detached marine property of its owner. Attention is paid to the legal regime of the ownership over the marine property and its relative independence regarding the responsibility for obligations, concerned the marine trade activities as any damage caused to third parties by the shipmaster or by other members of the ship's complement in execution of their duties; any damage caused to the cargo received for carriage, or to any other property present on board the vessel and etc. The limited liability of the ownership is examined as well as some particular issues of exoneration from such liability. Short analysis of effect of abandonment and of the relationships regarding recovery, transfer, storage, disposal or destruction of sunken property are made. Despite the ship is proclaimed from the Bulgarian legislation as a chattel the property rights over it are subjected to the specific rules concerning their prosecution and disposition. Because of the high value of the ship and its important trade significance there are particular provisions in Bulgarian Merchant Shipping Code from 1970 that assured larger safety and formality at the establishing and transference of the property rights over the ship.

22. „Is there "relative" property right?", magazine "Commercial Law", 2006, bк. 4, р. 87-112;

23. „Regarding "transitive" responsibility of the member-cooperators", magazine "Market and Law", 2006, bк. 7, р. 5-10;

24. „Indirect legal representation", magazine "Commercial Law", 2006, bк. 3, р. 85-103;

25. „Re-authorization", magazine „Today Law", 2005, bк. 6, р. 27-47;

Resume

The article considers the body of rules about reauthorization in substantive and adjective law. The hypothesis of admissibility and the scope of application of the reauthorization are outlined and its character is investigated. The relationships which arise between subjects which take part in reauthorization are examined as well as some particular cases of self negotiating. Short analysis of the reauthorization in trade law, in civil and in criminal procedure are made.

26. „Deposit contract", Application to magazine "Market and Law", 2006, bк. 3, р. І-ХХVІІІ - Reviewer: Prof. Ognian Gerdjikov;

27. „Company in process of establishment", magazine "Market and Law", 2006, bк. 1, р. 5-12;

28. „About the subjective of the donation contract", magazine „Today Law", 2005, bк. 4, р. 81-98;

Resume

The article considers the query of subjective site of factual corpus of the donation, including the specific causa donandi and shared from the parties motive. Delimitation is made between ground of donation and fulfilling of moral duty respectively performance of obligation after the expiration of the limitation. The probable motives are examined in case of different kinds of donation - customary, marital, rewarding, mutual donations. Additional object of discussion is subjective site of factual corpus of the donation with burden and same specific varieties of donation - accessorial, indirect and disguised donations.

29. „Subject right refusal", magazine "Commercial Law", 2005, bк. 4, р. 49-79;

30. „To reach an agreement", application to magazine "Market and Law", 2005, bк. 8, р. І-ХХ - Reviewer: Prof. Ognian Gerdjikov;

31. „Legal regime of the advertise-informative elements as per the Territory Act", magazine „Property and Law", 2005, bк. 6, р. 47-54;

32. „Servitude Rights as per the Bulgarian legislation", Application to magazine „Property and Law", 2005, bk. 4, р. І-ХХІІ - Reviewer: Blagovest Punev;

33. „Legal status of the heir by devise as a special creditor of the inheritance", Application to magazine „Property and Law", 2004, bк. 11, р. І-ХVІІІ - Reviewer: Prof. Tsanka Tsankova;