Ролята и значението на основните начала в българското обичайно право
The Role and Significance of the Basic Principles in Bulgarian Customary Law

Author(s): Nelly Radeva
Subject(s): Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: legal principle; justice; equality legal custom; common law
Summary/Abstract: In the Bulgarian legal theory, the legal principles or the basic principles are mainly associated with the theory of natural law. Supporters of the classical philosophy of law find the basis for law in concepts such as: justice, morality, freedom, equality, etc. Values are contained in principles, although they are not the basis of law, but the latter is legitimized through them. Thus, in the basic principles, we find the values and human experience accumulated over time. In the years of the Ottoman rule, when the application of customary law norms was preserved, those guiding principles which were based on the experience of the Bulgarian people were also preserved. They are of great importance for the individual branches of Bulgarian customary law. Their main task is to assist in achieving the desired result of the society. The principles of Bulgarian customary law are intended to ensure and guarantee order in the environment in which Bulgarians live, albeit under foreign rule. They are a model for behavior and connect law with the spiritual, with what is socially significant for people.

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