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Bulgarian Private Law at Crossroads (Paperback)
Loot Price: R2,038
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Bulgarian Private Law at Crossroads (Paperback)
Series: Private Law Around the World, 0
Expected to ship within 12 - 17 working days
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Bulgarian private law has always been at crossroads: it has diverse
influences from both Western and Eastern Europe, and it has seen
many turning points because of Bulgaria's tumultuous past,
including a communist regime. This book examines its fascinating
and turbulent development from the end of the 19th century to the
present day and highlights its distinctive features from a
comparative perspective. Its main goal is to foster a better
understanding of the current messy state of Bulgarian private law
particularly the law of obligations and property law and an
appreciation for its rich heritage.The book begins by reflecting on
why the study of Bulgarian private law is worthwhile. Literature in
the English language on East European laws, especially on Bulgarian
law, is scarce. Beyond responding to a gap in knowledge, the author
argues that research into Bulgarian law may challenge the
traditional taxonomies of comparative law, enrich the understanding
of the common lawcivil law divide, showcase the importance of
context in legal development, and help address the difficulties of
harmonisation of law in the EU. Subsequently, the book provides an
overview of the scattered sources of Bulgarian private law, since
Bulgaria does not have a civil code. It also traces the turbulent
history of Bulgarian private law over the past century and a half
to shed light on how the unexpected vibrant patchwork observed
today came to be, and shatters myths about Bulgarian law spread due
to years of communist censorship. The author then explains the
complex fabric of Bulgarian contract law which emerges from
legislation, scholarly writing and case law, surveys the hazy
realms of tort and unjust enrichment, and examines the fascinating
transformations of the right to property which required the
re-invention of property law twice over the past 100 years. This is
followed by a discussion on whether a reform of Bulgarian private
law, including the enactment of a civil code, is necessary, as well
as an evaluation of Bulgarian private law's preparedness to help
tackle the challenges of the 21st century, such as the
digitalisation of trade, environmental problems, the protection of
human rights, and the consequences of the COVID-19 pandemic.
Finally, the book recommends and explains, in context, literature
for those willing to broaden their understanding of Bulgarian
private law. Bulgarian Private Law at Crossroads is written for
students, academics, and practitioners interested in comparative
law, as well as for any open-minded jurist wishing to discover more
about the Bulgarian legal culture.
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