Защитава ли производството по чл. 129, ал. 2 от Семейния кодекс най-добрия интерес на детето?
Does it protect the proceedings under Art. 129, para. 2 of the Family Code the best interests of the child?

Author(s): Mihail Malchev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: representation and guardianship of parents; the best interests of the child; сonflict of interests; case law
Summary/Abstract: The review of the case law on the application of the court proceedings under Art. 129, para. 2 of the Family Code establishes its limited scope and contradictory solutions to many issues. The conclusion is that the provision of under Art. 129, para. 2 does not always succeed in guaranteeing the protection of the interests of incapacitated persons when they are contrary to the interests of their legal representatives. To provide more secure protection against possible abuse, the author formulates his proposal de lege ferenda.

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