ПРЕДИЗВИКАТЕЛСТВАТА ПРЕД БЪЛГАРСКАТА ПРАВНА МОДЕРНИЗАЦИЯ - 1878-1944
THE CHALLENGES IN THE FACE OF BULGARIAN JURIDICAL MODRNIZATION 1878-1944

Summary/Abstract: The paper puts and reviews the problem of the genesis and the general profile of the Bulgarian juridical system during the period between 1878 and 1944. It is argued that the Bulgarian legislation during that period had changed its character from a dispositive into a mostly imperative law for reasons laying behind the specificity of the Bulgarian modernization process. The fact that modernization here was mostly implemented by the state, imprints a peculiar mark on the whole modernization process. Caught objectively in a itight corneri by the imperative of the “delayed development”, the Bulgarian state had neither the time, nor the resources for a historical development realized by spontaneous non-governed social forces. The “normal” course was here replaced by active state interference. That interference started to “bring into being” with the help of the public law branches. With respect to the Bulgarian historical situation they had the advantage to constitute a set of rules with mostly instructive and imperative character. That however in its turn led to a pretty peculiar profile of the law regulation turning the latter into a state instrument which predetermined the close dependence between law and state within the Bulgarian social context. Within that context there was no room for the “society”. And while that conjuncture lasts, the law here will remain a “gate in the Field”.

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