Правните анахронизми в производството по съдебна делба. Историко-правен анализ и критичен преглед на остарелите законодателни разрешения
Legal anachronisms in judicial partition proceedings. A Historical-Legal Analysis and Critical Review of Outdated Legislative Provisions

Summary/Abstract: This article examines judicial partition proceedings in Bulgarian civil procedural and substantive law, focusing on the manifestations of legal anachronisms within the current regulatory framework. Through a historical-legal and comparative analysis, four key legal concepts are evaluated: the instrument of the partition protocol, the statutory mortgage under Article 349, Paragraph 3 of the Civil Procedure Code (CPC), the agricultural holder’s right of buyout under Article 69, Paragraph 3 of the Inheritance Act (IA), and the possibility of receiving property (a share in kind) to balance claims on accounts under Articles 70 and 12, Paragraph 2 of the IA. The author argues that these provisions have either lost their practical significance or stand in conflict with the spirit of modern civil proceedings. In conclusion, specific de lege ferenda proposals for legislative amendments are formulated, aimed at achieving greater legal certainty and predictability in the administration of justice.

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