Professional Documents
Culture Documents
Chapter one.
GENERAL PROVISIONS
Subject matter
Art. 1. The Family Code shall provide for the relations, based on
matrimony, relationship and adoption, as well as guardianship and trusteeship.
Principles
Art. 2. The family relations shall be regulated in compliance with the
following principles:
1. protection by the State and society of the matrimony and family;
2. equality between the man and the woman;
3. voluntariness of the matrimonial union;
4. special protection of children;
5. equality of the born during the matrimony, out of matrimony and of the
adopted children;
6. respect of the personality in the family;
7. respect, care and support between the family members.
Chapter two.
ESTABLISHMENT OF MATRIMONY
Civil matrimony
Art. 4. (1) Only civil matrimony, concluded in the form, provided for by
this Code shall give rise to the consequences, which the laws connect with matrimony.
(2) The religious ceremony shall not have legal act.
Chapter three.
PERSONAL RELATIONS BETWEEN THE SPOUSES
Freedom of personality
Art. 16. Anyone of the spouses shall have freedom for personal
development, of choice and exercising profession.
Chapter four.
PROPERTY RELATIONS BETWEEN SPOUSES
Section I.
General Provisions
Section II.
Legal Matrimonial Regime
Matrimonial property
Art. 21. (1) Real rights, acquired during the matrimony as a result of mutual
contribution, shall belong commonly to both spouses, notwithstanding on whose name
they have been acquired.
(2) Mutual contribution may be expressed in putting in finances, labour,
care after the children and in work in the household.
(3) The mutual contribution is presupposed until proved otherwise.
(4) Request for significantly bigger contribution may be claimed by:
1. a spouse during the matrimony or after its termination;
2. a spouse’s heir.
Personal property
Art. 22. (1) Real property rights, acquired before the matrimony, as well as
those, acquired during the matrimony from inheritance and from donation, shall
belong to the spouse, who has acquired them. Real property rights, acquired by one of
the spouses, shall be personal when a creditor has directed enforcement for personal
debt to the other spouse, as provided by Chapter 44 of the Civil Procedure Code over
real rights, which are matrimonial property.
(2) Personal shall be the movable property, acquired by one of the spouses
during the matrimony, which serve to him/her for common personal use, for exercising
their profession or trade
(3) Personal shall be the real property rights, acquired by a spouse – one-
man trader during the matrimony for exercising his/her trade activity and included in
his/her enterprise.
Transformation of personal property
Art. 23. (1) Personal shall be the real rights, acquired during the matrimony
completely by personal property under Art. 22, Para. 1, or by other personal property,
acquired before or during the matrimony.
(2) In cases, where the real property rights have been acquired partially by
personal property under Para. 1, personal possession of the spouse shall be the relevant
part of the acquired property, unless this part is insignificant.
Section III.
Legal Regime of Division
Property division
Art. 33. (1) The rights, acquired by each of the spouses during the
matrimony shall be his/her own personal possession.
(2) In case of termination of the matrimony upon a claim procedure, each of
the spouses shall have the right to receive part of the value of the acquired property by
the other one during the matrimony, as far as he has contributed by labour, by his/her
means, care after the children, by work in the household or any other way.
Section IV.
Contractual Regime
Matrimonial contract
Art. 37. (1) The persons, entering into matrimony may settle their property
relations between themselves by a matrimonial contract.
(2) Matrimonial contract may be signed only by judicially able persons.
(3) Matrimonial contract may also be signed by the spouses during the
matrimony.
Chapter five.
TERMINATION OF MATRIMONY
Grounds
Art. 44. The matrimony shall be terminated:
1. in case of death of one of the spouses;
2. by annulment of the matrimony;
3. by a divorce.
Repeal of donations
Art. 55. Donations, made in relation or during the matrimony of a spouse,
may be repealed after the divorce in cases, indicated in the civil laws, or if the repeal
has been envisaged in the donation agreement or the matrimony contract.
Rental relations
Art. 57. (1) In the force of a court decision, which gives the right to use the
family home under Art. 56, Para. 1, 2, 3 and 5, rental relations shall occur. The
decision may be entered in the property register, where the registration shall have the
action under Art. 237, Para. 1, of the Law on Obligations and Contracts.
(2) Any of the parties may request the court to determine the amount of the
rent with the decision for divorce. Rent shall not be owed for the residential area, used
by the minor children. The determined amount of the rent may be amended in case of
change in the circumstances.
Chapter six.
ORIGIN
Contesting fatherhood
Art. 62. (1) The husband of the mother may contest that he is the father of
the child, by proving that he/she may not have been conceived by him. This may be
claimed by the expiry of a year after learning about the birth.
(2) The mother may contest, that her husband is the father of the child, by
proving, that he/she may not have been conceived by him. This can be claimed within
one year after the birth.
(3) In the case under Art. 61, Para. 2, if the contest of the fatherhood of the
second husband is approved, the as father of the child shall be considered the first
husband. The first husband and the mother may claim for contesting fatherhood within
one year after learning the decision, but not later than 3 years after it became effective.
(4) The child may contest the fatherhood within 1 year after full age.
(5) Contest of fatherhood shall not be admitted, when the child was born
under the conditions of assisted reproduction, if the husband of the mother has given
agreement in writing about its performing.
Recognition
Art. 64. (1) Any parent may recognize his/her child. Recognized may also
be conceived children, as well as died children who have left descendants.
(2) Recognition may perform also a parent, at the age of at least 16.
Form of recognition
Art. 65. (1) The recognition shall be performed in person with a written
statement before an official on the civil status or by a declaration with a notary
certified signature, sent to the official on civil status. The application may be sent
through the manager of the medical institution, where the child was born.
(2) The official on civil status shall announce the recognition within 7 days
after its performance to the other, if he/she is notified, and to the child, if he/she is at
least 14 years of age.
Terms
Art. 73. The terms on this Chapter shall be applied officially and shall not
be subject to suspension, termination and reinstatement.
Chapter seven.
RELATIONSHIP
Levels of relationship
Art. 75. (1) Between two lineal relatives there are as many levels as the
number of generations.
(2) Between two collateral relatives, there are as many levels as the number
of generations from one of them to the common ancestor and from the last one to the
other relative.
Relationship by matrimony
Art. 76. (1) The relatives of one of the spouses shall be relatives by
matrimony of the other spouse, as well as of his/her relatives.
(2) In the line and level, in which one person is relative of the other, he/she
shall be relative by matrimony of the other spouse.
(3) The level of relationship by matrimony between the relatives of one of
the spouses and the relatives of the other spouse shall be determined by collecting the
levels of relationship between one of the spouses and his/her relatives and the other
spouse and his/her relatives.
(4) The wives of two brothers or the husbands of two sisters shall be
relatives by matrimony on second level.
(5) Relationship by matrimony shall have legal meaning only in the
provided by the law cases.
(6) Relationship by matrimony shall be ceased with the termination of the
matrimony.
Chapter eight.
ADOPTION
Section I.
Conditions for Adoption
The adopted
Art. 77. (1) Adopted may be only a person, who at the time of filing the
application for adoption has not accomplished 18 years of age.
(2) Twins shall be adopted together. Upon exception, they may be adopted
separately, if for 6 months after entering into the register under Art. 83, they could not
be adopted together and if their interests do not impose this.
(3) Brothers and sisters shall be adopted together, if they have emotional
relations between themselves.
Adopting parent
Art. 78. Adopting parent can only be a legally able person who has not been
deprived of parental rights.
Age difference
Art. 79. The adopting parent must be at least fifteen years older than the
adopted. Age difference shall not be required when a spouse adopts the child of his/her
spouse. When the adoption is effected simultaneously or consecutively by two spouses
and the age difference is present with one of them such difference shall not be required
for the other person.
Section II.
Consent of Adoption
Consent of adoption
Art. 89. (1) For the adoption is required the consent of:
1. the adopting parent;
2. the parents of the child to be adopted;
3. the spouses of the adopting parent and of the child to be adopted;
4. the child to be adopted, if he/she is at least 14 years of age.
(2) The mother’s consent may be given earliest 30 days after the birth.
(3) The parents of the child to be adopted shall give consent also in the
cases, where they are minor.
(4) The consent of the persons under Para. 1, item2 and 3 shall not be
requested, if they are minor or placed under judicial disability.
(5) In case of a full adoption, the Social Assistance Directorate shall
explain to the persons under Para. 1, the consequences of admitting the adoption,
before they express consent. In cases of incomplete adoption, the court shall give the
explanations.
(6) The persons under Para. 1 shall produce a declaration with a notary
certification of the signature, that the consent, given by them has not been bound with
a material benefit.
Opinion on adoption
Art. 90. (1) The child to be adopted, if he/she is not yet at the age of 14,
shall be heard by the court, in compliance with the Law on the Child Protection.
(2) Opinion about the adoption shall give:
1. the guardian or the trustee;
2. the parents, if they are minors, placed under limited judicial disability or
deprived of parental rights;
3. the spouses if they are placed under limited judicial disability.
Adoption council
Art. 94. (1) Under the Regional social assistance directorate, Adoption
council shall be established.
(2) Chairperson of the Adoption council shall be the director of the
Regional social assistance directorate. Members of the Council shall be: a lawyer,
assigned by the regional Governor, a physician. Determined by the director of the
Regional health centre, a pedagogue, assigned by the head of the Regional inspectorate
on education, a psychologist, assigned by the head of the Social Assistance Directorate
on the present address of the child, as well as the head of the specialized institution, in
which the child is placed.
(3) The bodies under Para. 2 shall also assign permanent deputies of the
Council members.
(4) The Council shall meet every week.
(5) The Council decisions shall be adopted by an open voting and by a
majority of at least two thirds of the Council.
(6) (amend. – SG 74/09, in force from 01.10.2009) The Minister of Labour
and Social Policy shall issue Rules of procedure for the Council activity under Para. 1,
in coordination with the Minister of Health, the Minister of Education, Youth and
Science, and the Minister of Justice.
(7) For their participation in every session of the Adoption council, the
chairperson and the members shall receive remuneration in the amount, determined by
the Minister of Labour and Social Policy.
Jurisdiction
Art. 96. (1) The application for full adoption shall be filed by the adopting
parent through the Regional social assistance directorate, whose Adoption council has
determined the adopting parent, to the District court on the location of the Regional
directorate.
(2) The application for full adoption under Art. 82, Para. 2 and 3 may be
filed by the adopting parent, by the parents of the child to be adopted, as well as by the
child to be adopted, if he/she has 14 years of age, through the relevant Regional social
assistance directorate to the District court on the permanent address of the applier
(3) The application for incomplete adoption shall be filed by the adopting
parent to the District court on the permanent address of the applier.
Section III.
Effect of the adoption
Types of adoption
Art. 100. (1) The adoption may be full or incomplete.
(2) The adoption is full:
1. when the child to be adopted is a child of unknown parents;
2. when the parents have given preliminary consent for full adoption;
3. in the case under Art. 93, Para. 2.
(3) In the other cases the adoption may be full or incomplete. The type shall
be determined by the parsons, whose consent is requested under Art. 89.
Full adoption
Art. 101. (1) Incase of full adoption, between the adopted child and his/her
descendants – on one part and the adopting parent and his/her relatives– on the other,
shall occur rights and obligations such as between relatives by origin, and the rights
and obligations between the adopted child and his/her descendants with their relatives
by origin shall be interrupted. The obstacles for contracting matrimony because of
kinship under Art. 7, Para. 2, item1 and 2 shall not fall.
(2) The court shall order that a new birth certificate shall be drawn up, in
which the adopting parent shall be entered as the parent. The certificate shall be drawn
up by the official on civil status in the municipality, city hall or the region on the
permanent address of the adopting parent, and where the adopting parents are two – on
the address, indicated in the judgment of the court.
Incomplete adoption
Art. 102. (1) In case of incomplete adoption, rights and obligations shall
occur as between relatives by origin only between the adopted child and his/her
descendents – on one part and the adopting parent – on the other, and the rights and
obligations between the adopted child and his/her descendents with their relatives by
origin shall be kept. The parental rights and obligations shall pass on the adopting
parent.
(2) The parents by birth shall owe support, if the adopting parent cannot
give it. The parents by birth shall not inherit the adopted child.
Right to information
Art. 105. The adopting parents shall have the right to receive information
about the origin of the child from the Social Assistance Directorate, if important
reasons impose this. In case of important reasons, this right shall have the child, who
has accomplished 16 years of age.
Section IV.
Termination of Adoption
Effect of termination
Art. 109. The effect of adoption shall stop with its termination
Section V.
Special Rules for International Adoption
Adopted child
Art. 110. (1) Any child with habitual residence in the Republic of Bulgaria
may be adopted by a person with habitual residence abroad, when the possibilities for
his/her adoption in the country have been exhausted and he/she has been entered into
the register under Art. 113, Para. 1, item1, unless in the cases under Art. 82, Para. 2.
(2) Adoption of a child – Bulgarian national with habitual residence in
another state shall be done by observing the requirements of the legislation of that
state.
Adopting parent
Art. 111. (1) Any person with habitual residence abroad may adopt any
child with habitual residence in the Republic of Bulgaria, if he/she has been entered
into the register under Art. 113, Para 1, item2, unless in the cases under Art. 82, Para.
2.
(2) Any person under Para. 1 may not adopt any child with habitual
residence in the Republic of Bulgaria, if he/she has habitual residence in a state, which
will not recognize the adoption decision of the Bulgarian court.
Data protection
Art. 120. The Minister of Justice shall undertake the needed measures for
the personal data protection.
Permission of mediation
Art. 121. (1) For issuance of permission for mediation in international
adoptions, an application shall be sent to the Minister of Justice.
(2) The permission shall be given for the term of 5 years.
(3) For the examination of the application for issuance of a permission, fee
shall be paid in the amount, determined by the tariff of the Council of Ministers.
(4) Withdrawal of permission shall be done after a motivated proposal of
the International adoption council.
Chapter nine.
RELATIONS BETWEEN PARENTS AND CHILDREN
Living together
Art. 126. (1) The parents of the under aged children shall live together,
unless important reasons impose their living separately.
(2) In cases, where the child is moved from his/her place of residence, the
Regional court on present address of the parent upon his/her request, shall order
returning of the child, after hearing him/her. The court decision may be appealed
before the district court, but the appeal shall not stop the execution. The returning of
the child shall be done in an administrative procedure.
(3) If the court established important reasons under Para. 1, it shall refuse
the returning of the child to the parent and shall inform Social Assistance Directorate
upon the child’s present address, which shall immediately undertake measures for
protection.
Substituting care
Art. 137. (1) Any person, who has been assigned with a child’s care, shall
not acquire parental rights and obligations.
(2) The persons under Para. 1 may, without the agreement of the parents,
take decisions and undertake actions for guarding the children’s life and health, of
whom they take care.
(3) The persons with whom the child has been placed by a court procedure,
shall have the right and obligation to live with him/her, as well as the obligation of
realsing factual acts under art. 125. They shall also have the right under Art. 126, Para.
2.
(4) (amend - SG 82/09) The persons under Para. 3 shall perform the needed
legal acts for protection of the child’s personal rights, related to his/her health,
education and civil status, as well as for issuing personal identification documents
under the Law on the Bulgarian Personal Documents, after a positive opinion by the
Social Assistance Directorate. The persons shall be obliged under Art. 165, Para. 3.
(5) In case of placement of the child in administrative procedure under Art.
27 of the Law on the Child Protection, the actions under Para. 4 shall be performed by
the Social Assistance Directorate.
Chapter ten.
SUPPORT
Right to support
Art. 139. The right to support shall have a person, who is unable to work
and cannot support himself/herself from his/her property.
Refusing support
Art. 147. Refusal of support for future time shall be null and void.
Chapter eleven.
GUARDIANSHIP AND TRUSTEESHIP
Guardianship council
Art. 156. (1) The body of guardianship and trusteeship on the permanent
address of the person, shall appoint a guardianship, deputy guardianship and two
advisers out of the relatives and close people of the under-aged child or of the person,
placed under full prohibition, who will take care in the best way of his interests and
have given a written consent about this. They shall form the guardianship council.
(2) In the guardianship council, also other appropriate persons may be
included.
Trustee
Art. 157. The body of guardianship and trusteeship on permanent address
of the person shall appoint a trustee and deputy trustee out of the persons under Art.
156, who have given written consent about this.
Security measures
Art. 159. (1) By the appointment of guardian or trustee the body of the
guardianship and trusteeship shall take security measures for the personality and the
property of the person, who has to be placed under guardianship or trusteeship. The
body of guardianship and trusteeship shall personally or through a person, determined
by it shall make an inventory of the property. If needed, it may assign a person to
perform temporarily the guardianship or trusteeship functions.
(2) In case of establishing of guardianship or trusteeship over a child, the
body of guardianship and trusteeship may request from the Social Assistance
Directorate to undertake appropriate measures of protection.
Change in the body
Art. 160. (1) The body of guardianship and trusteeship may make changes
in the guardian council, when the interests of the under-aged child or the person,
placed under full prohibition impose this. The members of the guardian council may
also be changed upon their request.
(2) Para 1 shall also be applied to the trustee and the deputy trustee.
(3) Before pronouncing on the changes under Para 1 and 2, the body of the
guardianship and trusteeship shall take the opinion of people, close to the person,
placed under guardianship or trusteeship, and to the adult person, Art. 155, Para. 3
shall be applied.
Assistance
Art. 162. The body of guardianship and trusteeship shall assist the guardian
and trustee in executing their obligations. In cases, where the person, placed under
guardianship or trusteeship is a child, such assistance shall be given also by the Social
Assistance Directorate.
Register
Art. 174. (1) In case of appointment of guardianship council or trustee and
deputy trustee, as well as in the cases under Art. 173, Para. 2, the guardian and trustee
shall be entered into a register. The register shall be kept by the guardianship and
trusteeship body on the permanent address of the person under guardianship and
trusteeship.
(2) In the cases under Art. 173, Para. 2, the entry shall be done after an
application of the spouse or of the parents, after which the applicant shall be issued a
certificate for his/her capacity of guardian or trustee.
Chapter twelve.
ADMINISTRATIVE PENAL PROVISIONS
Art. 176. (1) The acts of findings of breaches shall be drown up by officials
assigned by the Minister of Justice, respectively -by the Minister of Labour and Social
Policy
(2) The punitive decrees shall be issued by the Minister of Justice,
respectively – by the Minister of Labour and Social Policy or by officials, assigned by
them.
(3) The establishment of breaches, issuing, appealing and execution of the
punitive decrees shall be performed as provided by the Law on the Administrative
Breaches and Punishments.
Additional provisions
§ 1. "Family home" in the meaning of this Code shall be the home, which
both spouses live with their under-aged children.
§ 18. This Code shall enter into force on 1st of October 2009.
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This Law was adopted be the 40 National Assembly on the 12th of June
2009 and has been stamped with the official seal of the National Assembly.
Concluding provisions
TO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE
LAW FOR THE VOCATIONAL EDUCATION AND TRAINING
§ 48. The Law shall enter into force from the date of its promulgation in the
State Gazette, except for § 1, which shall enter into force from the 15th of September
2009 and § 47, , which shall enter into force from the 1st of October 2009.