INTRODUCTION

Before examining the specific features of the Bulgarian law of obligations and property law, it is essential to provide the reader with the necessary tools to understand and analyse the complex picture which emerges. This chapter provides an overview of the relevant sources of Bulgarian private law and their relationship with one another. It also traces the turbulent history of this area of law – Bulgarian law has experienced radical shifts in values and each period of development has left an imprint on current legislation. Despite this striking volatility, one may also observe continuity. Some specific features have been left unaltered. Namely, comparative law has been the primary vehicle for advancing the law throughout all historical periods of modern development. In parallel, mixing and matching principles from different jurisdictions without major concern for coherence has been the traditional method of implementing legal change.

HIERARCHY OF SOURCES

To properly navigate the Bulgarian legal landscape, one needs to be acquainted with the hierarchy of the sources of law. In comparison to leading jurisdictions, such as France and Germany, Bulgarian law appears messier. Firstly, there is no civil code and the sources are scattered. Secondly, many pieces of legislation have been enacted or amended very quickly, without consideration for their relationships with one another. As a result, contradictions and gaps are common, which explains why Bulgarian law has developed strategies to mitigate them. In addition, the lack of transparency, which still characterises Bulgaria’s governance, makes it challenging to locate relevant legislation and case law alike.

PRIMARY SOURCES OF PRIVATE LAW

This section showcases the intricate relationship between the main primary sources of Bulgarian private law – the Constitution, international treaties that have been ratified, European Union (EU) legislation, and domestic legislation. While the hierarchy of these sources is well established, they may be difficult to navigate because the legal landscape is fragmented.

The Constitution and International Treaties

Bulgaria is a parliamentary republic in which the supreme law is the Constitution. The current democratic one, adopted in 1991, guarantees several key principles of Bulgarian private law.