Особености на прекратяването на съпружеската имуществена общност през време на брака поради важни причини
Peculiarities of the Termination of the Joint Matrimonial Property during the Marriage due to Important Reasons

Summary/Abstract: The present paper reveals the main legal characteristics of the right of termination of the joint matrimonial property during the marriage due to important reasons according to Bulgarian family law. The author reveals the legal characteristics, the prerequisites for the occurrence and the manifestation of the right, its legal subject, the term and method of exercise. In this connection, a comparative analysis is made between right of the termination of the joint matrimonial property during the marriage and other subjective rights such as the right of subdivision of property and right to a greater share of the joint matrimonial property due to contribution. An answer is given to two significant controversial questions: is the termination of the joint matrimonial property during the marriage always a prerequisite for the occurrence of the right to a greater share of it and is it legally permissible for the spouses to conclude a court agreement for the termination of the joint matrimonial property during a pending process. Discussed is the legal development of the right from historical point of view, pointing out several important relevant questions. In addition, an analysis is made of number of significant case law decisions concerning the law of termination of the joint matrimonial property due to important reasons.

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