Суброгация в отношенията между съпрузи
Subrogation regarding relations between spouses

Summary/Abstract: The article addresses the matter if the subrogation could take effect in case one of the spouses performs the obligation of the other spouse. The study is concentrated on the legal consequences of performance of family obligation and the possibility of entering into the rights of the creditor by the spouse who has completed the satisfaction. An analysis of Bulgarian family legislation is made which aims to formulate a concept about the family in its legal sense. In the article it is made the conclusion that subrogation between spouses is possible and legally permissible. However, this kind of subrogation reveals certain specifications in comparison with the basic subrogation which in order to take effect requires the following conditions: performance of another’s obligation by a third party, legal interest for the performance and right of recourse in respect of the third party. As to subrogation between spouses right of recourse is not an obligatory requirement because of the principle of mutual support as well as on the basis of moral reasons for that. Legal interest of a spouse to satisfy the other spouse’s creditor originates from the obligations of ensuring the family welfare and the protection of the family against its creditors. Family interest stands above the personal interests of each of the spouse and constitutes legal cause for subrogation.

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