1 Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
The property relations of the spouses shall be governed by the law applicable to their personal relations. The personal relations of spouses shall be governed by their common national law, and if they have different nationality it shall be governed by the law of the country of their common habitual residence, and when such is not available either, by the law of the country with which both spouses are generally in the closest relation (Art. 79 of the Code on Private International Law (CPIL)).
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
Spouses may choose the applicable law to regulate their property relations, if this is allowed by the law specified in 1.1. (Art. 79 CPIL). Bulgarian law allows such a choice of law. The choice-of-law agreement has to be made in writing, dated and signed by the (future) spouses. Its validity is governed by the selected law (Art. 80 CPIL).
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Couples in Bulgaria
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