За частичната недействителност
Partial invalidity of Contracts

Summary/Abstract: The debate concerning the consequences of the invalidity ofa single contractual clause is not a new one. A famous Roman maxim, attributed to Ulpianus says that "utile per inutile non vitiatur". It served as a starting point for modern codifications in their attempt to resolve the problem of invalidity of a contractual clause. Italian and Swiss legislative practice followed the Roman maxim, whereas German legislation rejected that solution. Usually, the chosen model of legal regulation of the invalidity of the separate contractual clause was explained with the related concepts of autonomy of will and freedom of contract. In this article, the author presents two theoretical models of partial invalidity: the one based on the theory of autonomy of will and freedom of contract and the other -on utilitarian theories of contract. He also examines Bulgarian civil law to see whether it follows either of these theoretical models and concludes that it accepts principles from both.

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