Bulgarian private law at crossroads

Authored Book


Vassileva, R. 2022. Bulgarian private law at crossroads. Cambridge, UK Intersentia.
TypeAuthored Book
TitleBulgarian private law at crossroads
AuthorsVassileva, R.
Abstract

Bulgarian private law has always been at crossroads: it has diverse influences from both Western and Eastern Europe, and it has seen many turning points because of Bulgaria’s tumultuous past, including a communist regime. This book examines its fascinating and turbulent development from the end of the 19th century to the present day and highlights its distinctive features from a comparative perspective. Its main goal is to foster a better understanding of the current messy state of Bulgarian private law – particularly the law of obligations and property law – and an appreciation for its rich heritage.
The book begins by reflecting on why the study of Bulgarian private law is worthwhile. Literature in the English language on East European laws, especially on Bulgarian law, is scarce. Beyond responding to a gap in knowledge, the author argues that research into Bulgarian law may challenge the traditional taxonomies of comparative law, enrich the understanding of the common law–civil law divide, showcase the importance of context in legal development, and help address the difficulties of harmonisation of law in the EU. Subsequently, the book provides an overview of the scattered sources of Bulgarian private law, since Bulgaria does not have a civil code. It also traces the turbulent history of Bulgarian private law over the past century and a half to shed light on how the unexpected vibrant patchwork observed today came to be, and shatters myths about Bulgarian law spread due to years of communist censorship. The author then explains the complex fabric of Bulgarian contract law which emerges from legislation, scholarly writing and case law, surveys the hazy realms of tort and unjust enrichment, and examines the fascinating transformations of the right to property which required the re-invention of property law twice over the past 100 years. This is followed by a discussion on whether a reform of Bulgarian private law, including the enactment of a civil code, is necessary, as well as an evaluation of Bulgarian private law’s preparedness to help tackle the challenges of the 21st century, such as the digitalisation of trade, environmental problems, the protection of human rights, and the consequences of the COVID-19 pandemic. Finally, the book recommends and explains, in context, literature for those willing to broaden their understanding of Bulgarian private law.
Bulgarian Private Law at Crossroads is written for students, academics, and practitioners interested in comparative law, as well as for any open-minded jurist wishing to discover more about the Bulgarian legal culture.

Sustainable Development Goals16 Peace, justice and strong institutions
LanguageEnglish
SeriesPrivate Law Around the World
ISBN
Paperback9781839702051
Electronic9781839702969
PublisherIntersentia
Place of publicationCambridge, UK
Publication dates
Print26 Aug 2022
Publication process dates
Deposited30 Jun 2022
Accepted13 May 2022
Output statusPublished
Web address (URL)https://intersentia.com/en/bulgarian-private-law-at-crossroads.html
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