Принципът на пропорционалност в българското облигационно право
PRINCIPLE OF PROPORTIONALITY IN BULGARIAN LAW OF OBLIGATIONS

Author(s): Andrean Slavchev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Издателство „Сиби“
Keywords: principle; proportionality; law of obligations
Summary/Abstract: The principle of proportionality has been discussed relatively recently in our doctrine and case law. At present, it is indicated as a general principle of our legal system. The purpose of this article is to briefly examine the origin of the principle, its functions and whether and how it behaves in our law of obligations. The interest that is the reason why the principle of proportionality is manifested in the law of obligations is the fact that when the Law on Obligations and Contracts was created, this principle was not mentioned in the doctrine, which is understandable, due to its proclamation in Western Europe in the mid-1950s and its subsequent approval by the Court of Justice of the European Union and the European Court of Human Rights. The question is whether our legislator has implicitly adopted this principle and through various legal norms has found expression in our objective law, although even at present this principle is not indicated as specific to the law of obligations in our doctrine. At the same time, however, it is not indicated as a general principle with which the law of obligations to comply.

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