Необходима ли е правна уредба на договорната суброгация в нашето право
Is the Legal Regulation of the Institute of the Contractual Subrogation Necessary for the Bulgarian Law

Summary/Abstract: This article announces certain arguments in favour of the statement that in our legislation system it is necessary for the institute of the contractual subrogation to be settled. The currently operative Law on Obligations and Contracts, adopted on 1950 and put into effect since 01.01.1951 settles only the institute of legal subrogation, but the complication of the market necessitates also such a legal construction as the contractual subrogation. It cannot be replaced by a cession or by expromissio (i. e. assuming of a debt) because in the case of subrogation there is a fiction that the takings of a creditor continue to exist even after its remedy (satisfaction) and it is assumed by a third party, and as for the fictions they are to be created only by the force of law. Due to the same reason, the contractual parties cannot negotiate any cession (transfer) of rights of the satisfied creditor to a third party and if they do so the transaction shall lack its subject, notwithstanding the provisions of article 9 of Law on Obligations and Contracts allowing free defining of the contents of the contracts.

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