The Challenges Facing the Contemporary Bulgarian Private International Law Cover Image

Предизвикателствата пред съвременното българско международно частно право
The Challenges Facing the Contemporary Bulgarian Private International Law

Author(s): Nikolay Natov
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: private international law; regulations; legal branch; arbitration; legal norms
Summary/Abstract: As the title suggests, this study is about the challenges of contemporary private international law (PIL) in Bulgaria - as a field of law and as a science. The challenges for the legal branch could be summarized as follows: 1) the adoption of a number of new regulations in the field of judicial cooperation in civil and commercial cases with cross-border implications in the European Union; 2) the inclusion of international commercial arbitration and other alternative means of resolving civil and commercial disputes with cross-border implications in the scope of the measures through which the said judicial cooperation is implemented; 3) the gradual maturing of the idea of codification of the EU PIL. As regards the challenges for the science of PILs, they are undoubtedly a consequence of the above and, specifically for Bulgaria, in addition to broadening the field of research, they also consist in unifying the view of the subject and scope of our private international law. Our thesis is that the Bulgarian PIL is developing at the pace established in the EU; it is enriched by the legal acts created in the EU; it is gradually becoming a branch of law whose sources are mainly of Community/Union origin, regulating substantive and procedural relations with an international element, covering the three "pillars" of the PIL - international jurisdiction and proceedings in international civil matters; applicable law to private law relations with an international element; recognition and enforcement of foreign judgments, recognition and enforcement of foreign judgments and official documents.