ROMAN AND MODERN ASPECTS OF THE ACQUISITION OF PROPERTY RIGHTS BY HUSBAND- TRADER Cover Image

ОТНОСНО НЯКОИ ПРОБЛЕМИ ПРИ ПРИДОБИВАНЕТО НА ВЕЩНИ ПРАВА ОТ СЪПРУГ - ЕДНОЛИЧЕН ТЪРГОВЕЦ
ROMAN AND MODERN ASPECTS OF THE ACQUISITION OF PROPERTY RIGHTS BY HUSBAND- TRADER

Author(s): Ventsislav Petrov
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: matrimonial property; personal property; property rights; husband- Trader;

Summary/Abstract: The article searches the historical roots of the separation of property acquired by a husband-trader for the exercising of his trade activity outside the scope of matrimonial property. They are found in the institution of dowry (dos), which the husband returned back before the other creditors in the liquidation of societas omnium bonorum. This solution can be found in a lot of contemporary legislatios today. They regulate that in the patrimony of the husband - trader was formed a specific set of rights defined as a commercial enterprise, and that this complex is distinguished from the matrimonial property. In the article is researched the development of this idea in Bulgarian private law and in Bugarian court practice. Parallelly with this problem was researched whether the special status of dowry estates can be considered as a prototype of the contemporary matrimonial property.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 841-849
  • Page Count: 9
  • Language: Bulgarian