A research by the active bulgarian legislation,in regards to the rights, given to married couples and opposite gender couples, living in factual cohabitation, compared to the rights of same-sex couples.
The current research is created by a team from the law firm “Popov, Arnaudov and partners” and ordered by the association “LGBT Youth Organisation- Action”. It reflects the state of the current bulgarian legislation dated 30th of April , 2018. The research is not looking for a court practice for applying the identified rights,but it highlights the points,where the law is unclear or possibly contradictory.
The current research identifies the rights and responsibilities of the people, part of family couples or opposite gender couples living in factual cohabitation (or to one of the partners), based on the rights, related to some basic definitions, associated with marriаge and family matters. Those are for example: “marriage”, “family”, “household” , “spouse” , “factual cohabitation and marital principles” and similar. The current research does not engage in detail, regarding the possible unequality between opposite sex cohabitans and same-sex cohabitans, while it is limited to researching the legal norm, for the inequality is possible to be introdused through sub-legal acts. On the other hand, it is possible that inequality to be a result not of the legal consequences of the main family matters institutes, but of the overall application of different institutes, having partial relation towards the problem.