СЪЗДАВАНЕ НА НОВОБЪЛГАРСКОТО ТЪРГОВСКО ПРАВО
ESTABLISHMENT OF COMMERCIAL LAW IN 19th CENTURY BULGARIA

Summary/Abstract: The article examines the creation of the first Bulgarian Commercial Law in the year of 1897 as part of the process of building a new Bulgarian legal system. The need of establishing of a Bulgarian Law is considered in connection with the shortcomings of the current welded Turkish legislation and its inadequacy with the circumstances of late 19 century Bulgaria as well as the implementation of policy by the government of Dr. Konstantin Stoilov (1894-1899) towards creating conditions for economic development. As other laws created in Bulgaria after the Liberation, the Commercial Law is a result of reception. The article examines the reasons why during the preparation of the draft-law examples of both German and Roman legal systems are used. Its adoption in Parliament is carried out for only several short days without any serious discussions or amendment proposals. With the Commercial Law new norms and principles are included in the Bulgarian legal system, the formulation of which is a result of the development of the Legal science and the experience in law enforcement in developed European countries in the second half of the 19th century. The law has indeed some shortcomings as it does not regulate sea-trade, limited liability companies, stipulates the need that a married woman needs the consent of her husband so as to carry out commercial activities, etc. As the adoption process, the content of the Bulgarian Commercial Law of 1897 has its flaws, but the law itself is a positive example of the inclusion of the new Bulgarian legislation to the European legal traditions. The adoption of the Commercial Law contributes greatly the development of economic relations in Bulgaria at the turn of the centuries.

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