A Look at the Customary-Law Regulation of the Bulgarian Familial Guild

Authors:

Pages: 265-273
DOI: https://doi.org/10.54664/UHWF9834

Abstract:

Bulgarian customary law, formed over centuries, established itself as the main regulator of social and public relations in Bulgarian society, especially during the period of Ottoman rule. It represents a comprehensive legal system that encompasses all aspects of human life. It is indicative that the Ottoman government allowed the existence of all those customary legal norms related to the family life of the Bulgarians, which, in turn, contributed to their preservation and application. In this historical context, the guild occupies an important place as a customary family law institution. It is established as a form of family-to-clan unification, based on the principles of collective property, joint labor and mutual responsibility. Such community reflects the patriarchal nature of traditional Bulgarian society, in which customary law regulates both the internal relations between members, as well as issues related to economic activity, debts, and inheritance. The guild is both an economic and moral community, within which power functions, obligations and mutual support are intertwined. Its existence and customary law regulation testify to the power of custom as the main regulator of public life. Despite its resilience, the guild gradually began to disintegrate with the advent of modern social and economic relations in the 19th century. New forms of ownership, political changes and the individualization of the family marked the beginning of the transition from collective to individual economy unit.

Keywords:

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

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