НЯКОИ СПОРНИ ВЪПРОСИ ПРИ ПРИЛАГАНЕТО НА ЧЛ. 70 ОТ СЕМЕЙНИЯ КОДЕКС И ВЪЗМОЖНИТЕ ИМ РАЗРЕШЕНИЯ
ON CERTAIN CONTROVERSIAL ISSUES IN THE APPLICATION OF ART. 70 OF THE BULGARIAN FAMILY CODE AND THEIR POSSIBLE SOLUTIONS

Summary/Abstract: The focus of the proposed research is the provision of Article 70 of the Bulgarian Family Code related to the issue of custody in the case of judicial determination of parentage. In this regard, an analysis is made of claims for judicial establishment of paternity in the light of the changes in the institute of descent introduced by the Act amending and supplementing the Family Code of 2020. The cases in which, according to the legislator, the court is obliged to rule on its own motion on the issues provided for in Article 70 of the Family Code are also examined. The submission draws attention to a considerable body of case-law. De lege ferenda proposals are also made with a view to possible solutions to the contradictions arising in the application of this legal provision.

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