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Regimes of Property Relations between Spouses according to the Bulgarian Family Law

Keywords: property relations between spouses , joint matrimonial property , object , severability of acquisitions , marriage contract

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Abstract:

The present paper discusses the three existing regimes of property relations between spouses according to Bulgarian family law. The prerequisites for the establishment (occurrence) of each of the regimes, their nature, legal effects and termination are examined. Some studies of Bulgarian and foreign authors in relation to property arrangements between spouses are cited. The objects of the matrimonial property are discussed in details. The author offers a definition of the term "object" and compares the regulation of matrimonial property relations in the framework of previous family codes. The author also makes references to some Russian, German and Austrian legislation. Objectives: The purpose of this paper is to explain the nature of the three existing regimes of property relations between spouses according to Bulgarian family law. Prior work: This paper is based on the author's research in the matrimonial property law and more specifically on a part of the Ph.D. thesis, which deals precisely with the regime of the joint matrimonial property. Approach: The following methods were used: observation, comparison and analysis of the case law. Results: An analysis is made of the main characteristics of the three property regimes between spouses according to Bulgarian family law. The author provides a definition of the term “object” under Bulgarian real law. Implications: The marriage and its consequences for the spouses is a topic that engaged the society since the beginning of its existence. Since the dawn of humanity to present day the settlement of family relations was based on the idea that the most important part of a person’s life is realized in a marriage. Normally, during the marriage each spouse accumulates different amounts of property. The matrimonial property law determines the distribution of this property between the spouses after the termination of the marriage or the joint matrimonial property. This paper contributes to a better understanding and realizations of the rights of each spouse. Value: The recent adoption of a new Family Code, the lack of case law and the decisive reform in the Bulgarian family law stress on the importance of the findings in this paper. It covers in-depth the objects of the joint matrimonial property and offers a definition of “object” according to the family law.

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