Принципите на европейското семейно право - основни характеристики, правна природа и отграничения
The Principles of European Family Law: Main Characteristics, Legal Nature and Distinctions

Author(s): Dimitar Topuzov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Principles of European Family Law; soft law; private codifications; legislative acts; legal principles; doctrine
Summary/Abstract: The article addresses the main characteristics and legal nature of the Principles of European Family Law (PEFL, the Principles). The problem is topical due to the fact that the Principles are understudied in Bulgarian doctrine and are generally poorly known even by those researchers and practicing jurists who work in the field of family law. This not only leads to the confusion of PEFL with other legal categories but also hampers the possibility for the significant functions carried out by the Principles from being realized. By this study the author sets the task to clarify the legal nature of the Principles as to that end he deducts and analyzes the characteristics that are defining for their legal essence. The Principles are related to the sources of soft law and, in particular, to the category of private codifications. The study also clarifies the manner in which the Principles are correlated to the legislative acts, legal principles, doctrine and other categories similar in terms of their formal juridical characteristics by outlining clear dividing lines between them.

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