Consequences of alone disposition of a spouse with an object which is a matrimonial community

Abstract

The article examines the topic for the consequences of a single disposition by a spouse with an object which is a matrimonial community. The author analyses the different theses for the essence of the consequences of such disposition accordance to every one of the three Bulgarian Family Codes – nullity, revocability, pendant nullity, relative nullity and other kinds of invalidity. His opinion is that this disposition hasn’t got the features of these kinds of invalidity. The most popular thesis for the relative nullity isn’t correct too, because this disposition is not unopposable to the other spouse but its effect can be revoked in general by a claim of the other spouse. The author’s thesis is that this disposition is valid; the other spouse has a remedy – a claim for cancellation of the real effect of this contract. The obligatory consequences of the transaction (the obligation of the spouse who makes the disposition to transfer the right of ownership) remain.