ОТНОВО ОТНОСНО РАЗПРОСТИРАНЕТО НА ИПОТЕКАТА ВЪРХУ ПРИРАЩЕНИЯ: ОПИТ ВЪРХУ ТЪЛКУВАТЕЛНИТЕ МЕТОДИ В ПРАВОТО
ONCE MORE ON EXTENDING THE MORTGAGE OVER INCREMENTS: AN EXPERIENCE OF INTERPRETIVE METHODS IN LAW
Author(s): Andrey GeorgievSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, Law and Transitional Justice, Law on Economics, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: mortgage; rights over buildings not belonging to the proprietor of the soil (superficio); inscription; interpretation; methods of interpretation
Summary/Abstract: The article examines the development of the jurisprudence of the Bulgarian Supreme Court of Cassation on the issue whether a mortgage (lien) registered on a landplot can extend its effect to buildings built in the same plot after the registration of the mortgage deed. The gradual development of the interpretation of potentially conflicting provisions - art. 170 and 175 of the 1950 Obligations and Contracts Act - has been traced to clarify why the final conclusion that the mortgage lien extends to all buildings constructed in the landplot, for which the mortgage is registered, after the latter's registration. The author presents the thesis that this approach is an evolutionary development of the rules of use of interpretive methods in Bulgarian law, introducing the interpretation in accordance with basic legal principles as the main and preferred interpretive method. A breif comparison with developments in Roman law is also provided.
Journal: IUS ROMANUM
- Issue Year: 2024
- Issue No: 1
- Page Range: 656-670
- Page Count: 15
- Language: Bulgarian
