Jurisprudence as a Specific Source of Civil Law in the Light of the Changes in the Cassation Procedure under the Current Code of Civil Procedure Cover Image
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Съдебната практика като особен източник на гражданското право след промените в касационното производство с действащия Граждански процесуален кодекс
Jurisprudence as a Specific Source of Civil Law in the Light of the Changes in the Cassation Procedure under the Current Code of Civil Procedure

Author(s): Ivan Doynov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The change of the civil cassation into a procedure for selective control of judgments and the new grounds for admission of the cassation appeal under Аrt. 280 of the Bulgarian Code of Civil Prcedure raise new questions about the role of jurisprudence and its relation to the other sources of law. The problem is that Bulgarian jurists would rather prefer to examine the case law than the essence and nature of the norms which regulate a legal relationship. The article, therefore, provides an analysis on the the place of case law in the system of civil law sources, as an issue that has been examined by many prominent jurists against the background of Bulgarian legal theory and Continental European law.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 46-59
  • Page Count: 14
  • Language: Bulgarian