Collision Between Fundamental Principles of Civil Law

Authors:

Pages: 256-264
DOI: https://doi.org/10.54664/WYRW4170

Abstract:

The subject of the study is the potential conflict between fundamental civil law principles and the way in which this conflict is resolved by the court approached with a civil dispute. The article presents the general theoretical framework for the resolution of conflicts between legal norms and legal principles, as well as the basic requirements arising from the principles of legality, truthfulness, and equality in civil law. The article traces the role of these principles in the case law of the Supreme Court of Cassation of the Republic of Bulgaria, particularly in cases concerning civil status of natural persons and invalidity of legal transactions. The article aims to demonstrate that, regardless of potential conflicts, the principles of legality, truthfulness, and equality allow a balanced and consistent interpretation, which accords with other guiding principles of civil law and with the international legal commitments undertaken by the Republic of Bulgaria.

Keywords:

principles, equality, legality, legal certainty, truthfulness, collision, incapable people, civil status, voidability.

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