Some Property Aspects of Motherhood in Family Legislation Cover Image
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Някои имуществени аспекти на майчинството, уредени в семейното право
Some Property Aspects of Motherhood in Family Legislation

Author(s): Lyuba Panayotova-Chalakova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: maternity; paternity; husband; wife; origin; assisted reproduction; surrogacy; property rights; larger share of marital community; use of family home

Summary/Abstract: This article discusses a more specific aspect of motherhood, which does not concern so much the issues of origin, rather than those of some property rights of the mother. The purpose of the article is to trace how motherhood is respected by the legislator in the regulations for obtaining a larger share of the marital community, as well as in connection with the provision of the use of family home. It turns out that these regulations have changed over time, and that to date there are different opinions of the case law on the issues commented. The changed social and economic situation in Bulgarian society after the democratic changes of the 1990s is the basis of different views. The situation of women mothers, as well as the legal framework that gives them certain specific rights precisely because of this capacity, depend on the changed view of the case law and legal doctrine. The property rights and interests of mothers are related to the protection of the rights of their minor children.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 134-142
  • Page Count: 9
  • Language: Bulgarian