Спиране на давността между съпрузи
Suspension of the Prescription Between Spouses

Summary/Abstract: The article examines the period in which the suspension of the prescription between the spouses has an effect – from the conclusion of the marriage to its dissolution. Special attention is emphasized on the question of whether the limitation of prescription should suspend during periods of de facto separation between the spouses. It has been established that there is a prevailing judicial practice, which considers that the limitation of prescription remains suspended even in the event of a de facto separation and single judicial acts that deny this opinion. In this regard, the opinion is supported that the suspension of the prescription should continue even during an established de facto separation between the spouses, in view of the impossibility of objectively establishing the exact period of the de facto separation and in order to ensure the possibility of preserving the matrimonial relationship. The publication contains an analysis of the scope of the rule of Art. 115, para. 1, p. c) of the Obligations and Contracts Act (OCA) – in relation to any claims of the spouses, not only those related to their matrimonial relationships. It also applies in relation to the prescription under Art. 84 of the Ownership Act which refers to Art. 115 OCA, and also about the unjust enrichment claims. The article also supports the need to regulate the possibility of suspending the prescription between persons in de facto cohabitation, but to the extent that the legal framework provides for the possibility of accurately establishing its duration. Next, it is recognized that the spouses can provide for a deviation from the rule of Art. 115 OCA in a marriage contract concluded by them. The article underlines some possible negative consequences of the suspension of the prescription between spouses, resulting in the creation of relations of economic dependence and the forced preservation of the matrimonial relationship.

• Details
• Contents