Regulation of marital contract under bulgarian and another legal systems Cover Image

Уредба на брачния договор в българската и други правни системи
Regulation of marital contract under bulgarian and another legal systems

Author(s): Dimitar Topuzov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Comparative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: marital contract; spouses; marriage; property; contractual freedom
Summary/Abstract: This article aims to present the Bulgarian regulation of marital contract in comparison with its regulation under some foreign national legal systems. After brief historical notes, the presentation focuses on the regulation of the marital contract under the Family Code of 2009. The issues of parties, content, form, registration, termination and invalidity of the contract are consistently examined. The general conclusion is that Bulgarian regulation of the marital contract is generally in harmony with that of the most European countries. Concerns are expressed that the undetailed regulation of the institution and excessive liberalism may turn marital contract from a means of achieving clarity and greater justice in conjugal relations into an instrument for abuse of rights.