INTRODUCTION

This chapter considers if Bulgarian private law needs reforms given the messiness, inconsistencies, and gaps I have exposed in this book. Moreover, it examines if, in view of its idiosyncrasies, Bulgarian private law is ready for the challenges of the 21st century which many believe private law should address. Private law may have a role to play when it comes to supporting the digitalisation of the economy, curtailing climate change and environmental pollution, protecting human rights, and adapting the economy to face the consequences of COVID-19. Is Bulgarian private law ready to respond to such expectations?

DEBATING REFORM

In light of the untidiness and fragmentation of Bulgarian private law that we have observed in the previous chapters, one may wonder if it is not high time for reforms, what shape they should take, and how feasible they are considering the particularities of the Bulgarian legal culture.

IS REFORM NECESSARY?

Common wisdom dictates that something should not be fixed if it is not broken. Despite its messiness, Bulgarian law has persisted because Bulgarian jurists are used to it and navigate it well. Untidiness has been the traditional state of modern Bulgarian law since its inception in the 19th century – it seems that one cannot crave order if one has not experienced order.

Uncertainties which may cause discomfort in other jurisdictions do not trouble Bulgarian lawyers too much. From the early stages of its development, Bulgarian law adopted manifold gap-filling mechanisms which help courts address inconsistencies and lacunas. In the worstcase scenarios, legislators can always sew in another patch and provide a quick-fix solution. Hence, it is not surprising that, with the exception of an initiative for a civil code, which faced severe criticism in the 1990s, there have not been major calls for an overhaul of Bulgarian private law.

Considering this, what arguments can one put forward in favour of reform? Historically, Bulgaria has been curious about the legal achievements of other jurisdictions and has shown an appreciation for innovation. In recent years, there have been landmark reforms in the private laws of many European jurisdictions which traditionally serve as role models for others. Some of these are countries to which Bulgaria has looked for inspiration in the past.