Pregledni rad
https://doi.org/10.30925/zpfsr.46.3.9
Understanding the Non-Implementation of Article 12 of the CRPD in Bulgaria: An Outlook on Legal Translation and Transplantation Challenges
Dimitar Stoyanov
orcid.org/0000-0001-9080-8641
; Pravni fakultet Sveučilišta Sofija „Sveti Klement Ohridski”
*
Simeon Groysman
orcid.org/0000-0002-9250-688X
; Pravni fakultet Sveučilišta Sofija „Sveti Klement Ohridski”
* Dopisni autor.
Sažetak
This paper examines the problems in the implementation оf Bulgaria’s international obligations under the Convention on the Rights of Persons with Disabilities. It offers an analysis, in the context of the origins of the basic concepts and historical development, of the legislation regarding the legal capacity of natural persons. Bulgaria’s refusal to abandon its traditional legal institution of “legal incapacitation” has become а major problem for the implementation of the CRPD. The paper examines the relationship between the international and national legal frameworks and shows the divergence of views on the introduction of full legal capacity for persons with disabilities. The reasons for refusal are found in the authorities’ expediting ratification without a plan for implementation; imperfect translation of the text of the Convention, and the one-sidedness of most of the analysis of the issue by academics. Proposals to break the deadlock in non-implementation of Art. 12 of the Convention in the country by taking into account international legal standards for reforming legislation in the relevant fi eld are promulgated.
Ključne riječi
Convention on the Rights of Persons with Disabilities; law of persons; full legal capacity; Bulgarian legislation; implementation of international treaties.
Hrčak ID:
341015
URI
Datum izdavanja:
15.12.2025.
Posjeta: 490 *