Property and contract law
PROPERTY LAW
The term property law is mean several things:
1. Branch of the law (in particular civil law) that serves statics of civil relationships. Some of them - the real right is regulated legally in the countries that have the Civil Code immediately after the general part. In Bulgaria the absence of the Civil Code has led to a fragmented system in separate laws (ZS, SPA, MPA and others), which creates problems in law enforcement.
2. The same term is definitely a subjective right, which belongs to the category of the holder rights.
Property right
Property right things are. In theory it assumes that property right is a relationship on the occasion of belongings. By their nature, property rights are absolute. This means that the owner of the property law counteract the obligation of all other entities to comply with his rights. At that differ rem of contract law as the last person is legally bound by contractual relationship.
Property rights should be highlights and intellectual property rights, which are also absolute, but are not the subject property.
Subjects of property law
The subjects of property law are set out in legislation with respect to property rights in article 2, paragraph 2 ZS. These are: the state, municipalities, cooperatives and other legal entities and citizens. Counting is imprecise because cooperatives are listed as a separate legal entity type. Virtually all entities of PR and are subject to rights in rem.
When property rights is a characteristic feature - they are "numerus klauzus" (limited number closed by law). This means that in a legal system can exist only those property rights that are expressly set out in the legislation. This is a major difference between property and other pritezatelni rights, among which one can meet and "unnamed".
Bulgarian system of property law includes the following property rights:
1. Ownership. This is absolutely unlimited property law. The Constitution in Article 17 addresses the rights of ownership in two aspects - public and private property. Subject to public property can only be the state and municipalities, while private - all the entities referred to in Article 2, paragraph 1 of the Act. The right of property is governed mainly in AA, but there are separate provisions in other laws.
Besides ownership of our legal system knows and limited real rights ZS called "property rights over another's property." One of them is the right to build, settled mainly in chl.63-67 Act. In some writings and acts called "supervitsiya." This is a limited real right, which consists of legal possibility for a person to build or acquire a building on another's property and become its owner. In principle, the owner of the land is the owner of everything built on it, unless otherwise agreed. This "other" is the right to build. It also infringes on the acquisition prirashtenie. Right of construction was widely used (in practice only until 1990), as a state then practically second only right to build. The construction right belongs to the so-called. "Older property rights."
2. Right of use. This is a limited real right, absolutely, but limited, and the right to build in terms of ownership.
Its essence consists in the right to use certain objects or object and the yields from them, without changing significantly. The right to use eliminates prirashtenieto to plantations made in the property. Originally these plants belong to the property owner, unless it has arranged another right of use. The right of use is known from Roman law, and today is primarily enshrined in chl.56-62 PA
3. easement. These are the generic category limited rights, known as "serving". In the past they were widespread, but today only have a limited scope. Under these rights, there is always one dominant and one serving property. In this situation, the owner of the dominant estate can Listen To a subservient for use of their property. The most common example is a right of passage. System - ZS, TDA and particularly Article 7 of the Law on Protection of Agricultural Property (ZOSI). And easement rights belong to the old property rights.
4. Right of upgrading and extension. This limited property right gives its holder vazmnozhnost upgrade or upgraded existing building and become the owner of upgrades or additions. It is a complex law and settled relatively late in legislation. Uredva - ZS and the TDA.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg