За системата и структурата на българското вещно право
On the System and Structure of Bulgarian Property Law

Summary/Abstract: What our civil law theory traditionally regards as being the system of civil law and property law, in particular, is actually only its structure in one of its aspects, namely the legal institutes. The systematic approach to legal knowledge requires that an examination be made of both the structure of objective property law (the institutes of property law) and the relationships of these institutes with each other and with the other parts of civil law and the other branches of law. In the article it is assumed that the structure of Bulgarian objective property law consists of a general and a special part. The general part is comprised of relatively differentiated groups of legal norms, which regulate: 1) the items of property; 2) the subjective rights in rem; 3) the grounds for acquisition; 4) the ownership and possession, and 5) the protection of the subjective rights in rem. The basic structure of the special part of Bulgarian objective property law consists of two groups of legal norms: 1) those which regulate the specifics of the subjective rights in rem ensuing from the natural or legal specifics of the subject of the right in rem, and 2) those which regulate the specifics of the subjective rights in rem ensuing from the natural or legal specifics of the item of property that forms the subject matter of the said rights. The first group is comprised of the legal norms regulating: 1) the acquisition, possession and exercise of the subjective right in rem by two or more legal subjects at the same time and the relations that occur between them in connection therewith (joint ownership); 2) the acquisition, possession and exercise of the subjective right in rem on the part of spouses and the relations that occur between them in connection therewith (matrimonial property in joint tenancy); 3) the possession, exercise and protection of the subjective right in rem on the part of owners of a housing cooperative building (condominium) and the relations that occur among them in connection therewith; 4) the acquisition, exercise and protection of the subjective right in rem owned by the state (state-owned property); 5) the acquisition, exercise and protection of the subjective right in rem owned by a municipality (municipality owned property); 6) the acquisition and exercise of the subjective right in rem on the part of corporate legal entities; 7) the acquisition, exercise and loss of the subjective right in rem on the part of foreigners, foreign legal entities and persons in the jurisdiction of preferential tax treatment; 8) the acquisition, exercise and protection of the subjective right in rem owned by a foreign state. Depending on the purpose of the item of property, the second group includes the norms regulating: 1) real estates in urbanized territories; 2) real estates in agricultural territories; 3) real estates in forest territories; 4) real estates in protected territories; 5) real estates in violated territories; 6) real estates in territories of water and water facilities, incl. water industry systems and facilities, and coastal beaches; 7) real estates within transport territories; 8) ores and minerals; 9) power industry facilities; 10) movable items of culture heritage; 11) animals, incl. game, fish and aquacultures; 12) waste; 13) transport vehicles; 14) nuclear facilities, radioactive products and other sources of ionizing radiation; 15) weapons, munitions, explosive substances, biologically or chemically strongly active substances; 16) facilities for broadcasting radio or television signals.

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