Накърняване на добрите нрави по чл. 26, ал. 1, пр. 3 ЗЗД
The Breach of Good Morals under Article 26, Paragraph 1, Proposition 3 of the Obligations and Contracts Act

Summary/Abstract: The article examines the breach of good morals as a ground for nullity of contracts under Art. 26, paragraph 1, proposition 3 of the Obligations and Contracts Act. The analysis considers the essence of good morals as an unwritten and subsidiary source of law which is characterised by lack of formalism, relativity and subjectivism. The main human rights and freedoms, the fundamental principles of market economy and the universal values are outlined as the base of the term “good morals” in the modern society. The dynamic nature of good morals, which are changing constantly in the course of time, distinguishes them from the imperative provisions of law with respect to their stability. The second part of the article is dedicated to the characteristics of the composition of the rule stipulated in Art. 26, para.1, pr. 3 of the of the Obligations and Contracts Act. The objectivity of this ground for nullity and the blanket provision, which regulates it, are outlined as main traits of the good morals. Some examples from the practice of the Supreme Court of Cassation are analysed in a critical manner. Special attention is paid to the application scope of the discussed ground for nullity of contracts.

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