OFFICIAL AND UNOFFICIAL SOURCES OF CONTEMPORARY LAW Cover Image
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Официални и неофициални източници на съвременното право
OFFICIAL AND UNOFFICIAL SOURCES OF CONTEMPORARY LAW

Author(s): Yanaki Stoilov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Издателство „Сиби“
Keywords: source of law; official and unofficial sources; legal and factual validity; ‘global law’

Summary/Abstract: The author addresses the problem that, in addition to its official sources, law has its unofficial ones as well. This is a problem lying on the boundary between what is due and what is in existence, between the theory and sociology of law. The article clarifies the legal term of ‘source of law’, particularly in the Bulgarian legal theory. The sources of law show the connection of law with the State and, more generally, with the public authority. The source of law constitutes a validly expressed will that creates legal standards, namely principles and rules. Along with the official sources, unofficial ones are also used in the legal system. A comparison is drawn between these two types of sources. The unofficial sources usually use the form of other legal instruments and have conditional legal validity. Their legal consequences are due to the actual power possessed by the author of the rules. The following ones belong to the unofficial sources: those which spread the effect of norms of one legal system over another that lies beyond the officially established legal order; sources which give rise to obligations of Member States of the European Union and do not form part of the primary or secondary law of the Union; those sources of rights and obligations of an unlimited scope of persons which are created by private bodies.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 11-19
  • Page Count: 9
  • Language: Bulgarian