Историко-правни възгледи за българското обичайно вещно право
Historical and Legal Perspectives on Bulgarian Customary Property Law

Summary/Abstract: Bulgarian customary property law during the period of the Ottoman rule and in the first decades after the Liberation represents a complex and historically conditioned system of norms built upon tradition and social experience. There is a rich diversity in terminology and in specific customary legal solutions, accompanied by the absence of standardized legal concepts. Nevertheless, within this apparent heterogeneity, an internal logic can be identified, determined by the economic and social conditions in which the Bulgarian population lived. The distinction between movable and immovable property, between ownership, possession and use, as well as the regulation of property boundaries, passage through other people’s properties, the regime regarding objects found and “treasure” discovered, was governed by customary legal provisions rather than by theoretically constructed legal doctrines characteristic of modern codified legal systems. Bulgarian customary property law should be viewed as a historically conditioned legal system, appropriate to its time and social environment. Its study contributes to a more complete and deeper understanding of the development of the Bulgarian legal tradition and to the comprehension of the transformation process fromcustomary law to codified modern property law.

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