Теориите за юридическото лице и как те се възпроизвеждат в правната ни система
The Theories of Legal Personality and How They Are Carried Out in the Bulgarian Legal System

Summary/Abstract: The Bulgarian Legal System inclines to hold up ideas, developed by the fiction theory of the legal personality. In most cases legislation reproduces its basic formulae. According to the Non-profit Legal Persons Act, in force since 2000, one should differentiate between the status of a human being and that of a legal person (art. 6). The Act accepts ideas from the previous Legal Persons Act from 1933, which in its turn borrows ideas from the late XlX-th century. In Case Law, especially in the field of torts, the Supreme Cassation Court also grounds its decisions on the requisites of the fiction theory. Case Law does not incline to make curtain corrections in the attitude in favor of realistic theory. Legal literature is divided between the fiction theory and the realistic theory. Still, some recently accepted special acts give preference to the realistic theory. The Consumer Protection Act and the Labor Code are the most important examples. They concern legal person not as an artificial construct, but as a social fact, representing group interests, defended by law.

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