Naučni trudove - Plovdivski universitet Paisij Hilendarski. Pravo. / Научни трудове - Пловдивски университет Паисий Хилендарски. Право. (Scientific works - Paisii Hilendarski University of Plovdiv. Law)

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https://doi.uni-plovdiv.bg/handle/store/565
ISSN: 0861-3184 (до 2024) ISSN: 2815-4304 (от 2024)

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Browsing Naučni trudove - Plovdivski universitet Paisij Hilendarski. Pravo. / Научни трудове - Пловдивски университет Паисий Хилендарски. Право. (Scientific works - Paisii Hilendarski University of Plovdiv. Law) by Subject "Bulgarian Orthodox Church"

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    THE PLACE OF THE BULGARIAN ORTHODOX CHURCH – BULGARIAN PATRIARCHATE AS A LEGAL SUBJECT AMONG LEGAL ENTITIES
    (Plovdiv University Press, 2023) Kyoseva, Maria
    This study provides a comparative analysis of the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC-BP) and other legal entities –religious denominations, non-profit legal entities, commercial companies,based on which generalizations are made about the similarities and differ-ences of the BOC-BP as a unique public entity from the other legal entities.This implies an analysis of the characteristics and classifications of legalentities depending on various criteria, in order to outline in this context thespecific features of the BOC-BP as a legal entity recognized by law. Empha-sis is placed on the distinction between the creation and recognition of a legalentity ex lege, as well as on the existence of religious belief, which makesreligious denominations a special category of legal entities. It is concludedthat BOC-BP differs both from the state and from other legal entities, whichgives reason to define it as a special legal entity of private law with devia-tions from the corporate nature of classic legal entities.
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    THE STATUTE – THE „CONSTITUTION“ OF THE BULGARIAN ORTHODOX CHURCH – BULGARIAN PARTIARCHATE
    (Plovdiv University Press, 2022-01-15) Kyoseva, Mariya
    The study presents the characteristics and legal nature of the Statute of the Bulgarian Orthodox Church (BOC) as a legal entity (ex lege). The Statute is an expression of the identity of the BOC as an autocephalous church and on a secondary level it is an internal organizational act and a mandatory legal individualizing feature of the BOC as a subject of law. The thesis is argued that the provisions of the Statute cannot be changed based on the autonomy of the will as clauses of a contract due to their predetermination by the principles of conciliarity and hierarchy of the Orthodox Church. The Statute of the BOC is cited as an example of one of the most sustainable regulatory systems, which ensures the institutional continuity of the BOC though the centuries. The Statute of the BOC, whose sources are canons with centuries of existence, bears only the formal linguistic name "Statute", and in essence is a "mini codification of ecclesiastical law in Bulgaria". In support of the theoretical theses, an interpretive practice of the Supreme Court of Cassation on the normative force of the Statute of the BOC is presented.