Are the legislative changes in the field of civil law from recent years good—specifically the amendments to the Obligations and Contracts Act (OCA) and the Family Code? And what are Bulgaria's obligations regarding the rapid development of new technologies and e-commerce?
These topical issues were commented on in the show "The Law and Themis" by Prof. Dr. Tania Iosifova, Professor of Civil and Family Law at the Faculty of Law of the UNWE.
The High Bar of Academic Recognition
Recently, Prof. Tania Iossifova acquired the highest academic title—"Professor" of Civil and Family Law at the Faculty of Law of UNWE. The criteria in the Higher Education Act are extremely high, and the fact that she meets them flawlessly is eloquent proof of her deep professional competence.
"Indeed, the criteria for occupying the academic position of 'professor' are very high. The requirements adopted by UNWE also contain additional conditions related to teaching, research, and socially beneficial activities. The bar is high, and this is a huge recognition of years of hard work, but also an enormous responsibility," shares Prof. Yosifova.
Innovative Changes in the Family Code: The Right to Establish Paternity
As an expert in civil and family law, Prof. Yosifova describes some of the recent legislative changes as innovative and worthy of admiration. An excellent example of this is the amendments to the Family Code (State Gazette, issue 103 of 2020) concerning the challenging and establishment of origin (paternity).
The matter of origin is traditionally conservative and restrictive, as it is a key element of a person's civil status. Until recently, however, Bulgarian legislation deprived some biological fathers of the opportunity to establish their paternity, which led to condemnatory judgments against Bulgaria in the European Court of Human Rights (ECtHR) in Strasbourg.
The impossibility of proving paternity most often arose in two hypotheses:
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Upon termination of marriage, when the time limits for challenging the presumption of paternity have expired, but the presumptive father is just learning new facts.
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Upon recognition of the child and expired time limits, whereby the biological parent, having learned the facts later, found the path to proving his paternity barred.
"The amendments to the Family Code, introducing the mandatory instructions of the ECtHR, were timely and appropriate. Here we must also point out the positive role of the Ministry of Justice in drafting the bill," Prof. Yosifova is categorical.
The End of the "Eternal Debtor" Figure: Absolute Statute of Limitations in the OCA
Another significant legislative success is the introduction of the so-called absolute statute of limitations through the new Article 120a in the Obligations and Contracts Act (State Gazette, issue 102 of 2020).
Until this moment, the Republic of Bulgaria was the only Member State in the European Union that did not have such regulations, condemning thousands of people to lifelong indebtedness. Although the change sparked debates (including a request to the Constitutional Court by the Supreme Bar Council regarding the starting point of the limitation period for pending cases), Prof. Iossifova considers the step to be correct:
"With this new institute, the figure of the eternal debtor was put to an end. There were bills submitted for personal bankruptcy, but comparing them with the adopted law on the statute of limitations, the latter has a number of advantages. The absolute statute of limitations appears to be an adequate solution, regardless of the criticisms directed at it. Now we must leave it to case law to prove the effectiveness of this legislative solution."
When asked whether the legislative activity of previous parliaments in the field of civil law is as weak as often claimed in the media, the professor replied: "Definitely not! One should not start with an initially negative attitude; it is necessary to highlight the undisputed successes of the legislator as well."
Law Catches Up with Technology: E-commerce and European Directives
Prof. Iossifova is a recognized expert with a strong interest in e-commerce and the application of EU law. In the modern world, especially post-pandemic, digital commerce is developing at an unprecedented pace, which requires the legal framework to quickly catch up with reality.
Bulgaria is already taking adequate steps in this direction:
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Electronic Commerce Act: Amendments have been introduced reflecting Regulation (EU) 2019/1150 (the P2B Regulation), which aims for fairness and transparency for business users of online platforms—a kind of equivalent to consumer protection, but for businesses.
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Digital Content and Services: In fulfilling Directive (EU) 2019/770, legislation regulating the provision of digital content, digital services, and smart goods is being adopted.
More Morals and Humanity in Law
At the end of the conversation, Prof. Dr. Tania Iossifova sent a strong and inspiring message, reminding that the law rests on deep ethical foundations:
"In my address to the scientific jury at UNWE, I paid special attention to good faith in civil relations. In Bulgarian legal history, we have prominent legal scholars who were also great humanists—we must learn from them and draw inspiration. The law is not the only regulator of social relations; moral norms also exist. Therefore, I appeal for more morality, good faith, and humanity in relationships. Let us not forget that we are, above all, humans."