earticle

영어

This is a paper in which the traditional Bulgarian consuetudinary law is studied on an ethological and ethnocultural viewpoint as a part of a try to understand the traditional way of thinking and cultural aspects of the Bulgarians. The current Bulgarian nation was formed, as the proto-Bulgarians who had come across from Asia, the Slavs and the Thracians who were already living in the Bulgarian land were assimilated and melted by each other and finally a common customary law for the Bulgarians was made. The traditional Bulgarian consuetudinary law that was set up through this process has been an element with which the Bulgarians have kept their identity as a one unified tribe throughout the long history. In connection to the family and the inheritance the Bulgarian customary law had a 'zadruga' which was a patriarchic large family system. The zadruga was set up with the oldest leader and was a typical organization among the southern Slavs. Marriage was the most important and sacred fiesta for the patriarchic Bulgarian family. Traditionally a marriage was organized by matchmakers. The bridegroom paid money to the father-in-law to get a bride and the bride brought trousseaux to the husband's family. When the young candidates for marriage could not get permission from the parents of the lady, there were customs for the bridegroom to steal the bride, or the lass ran away with the lad to live together. The Bulgarian customary law allowed divorces, if there were special reasons for them. Traditionally children of illegitimate birth were very rare. There have been systems of adopting children, of marrying a man into his wife's family, of sworn brotherhood and of a guardian in the traditional Bulgarian consuetudinary law. Only the sons had the right for succession to the parents' property. The Bulgarian customary law makes distinctions between real estate and movable property, and between the right to possess and the right to use. It has been a usual practice to mark the animals and movable property to show their owners. Contracts were concluded usually in a verbal way in the presence of witnesses. The ownership and real right (jus in rem) has been formed and transferred only by the processes stated in the written laws. When a real estate was to be sold, the close relatives and neighbors first should be asked to buy it. For hiring labor there were been farmhands, shepherds, herdsmen and apprentices, groups of laborers, etc. The power for punishment was given to the regional autonomous institutions. But those institution had jurisdictions only on trivial criminal acts (small thefts, damage on other's property, insults) done by Bulgarians towards Bulgarians. The most common ways of punishment were beating with a heavy stick, monetary penalty and humiliating the criminal. As the Bulgarian society and its way of economic activities have changed, its customary law accordingly has been changing. Some part of the customary law has changed, or the whole part of the law has changed, or even a total new customary law which is suitable for the new changes in the society has appeared.

한국어

아시아에서 건너온 원불가리아인과 현 불가리아 지역에서 이미 살고 있던 슬라브인들과 트라키인들이 서로 흡수동화되어 현재의 불가리아 민족이 형성되면서 공통의 관습법을 갖게 되었다. 이렇게 형성된 불가리아 전통 관습법은 오랜 역사를 거쳐 오면서 불가리아인들이 하나의 독립된 민족으로 정체성을 지켜내는 요소가 되었다. 가족과 유산과 관련해서 불가리아 관습법에는 연장자를 중심으로 한 가부장적 대가족제도가 있었다. 결혼은 가부장적인 불가리아 가족 구조에서 가장 중요한 신성한 축제였다. 가족관계에서는 양자, 데릴사위, 의형제, 후견인 제도가 있었다. 유산은 아들만이받을 수가 있었다. 불가리아 관습법은 부동산과 동산을 구분했으며, 그것의 소유권과 사용권도 구분을 했다. 가축들과 동산에는 소유자를 나타내는 표시를 하는 것이 관행이었다. 계약 체결은 주로 증인들의 참관 하에 구두로 맺어졌지만, 부동산에 대한 소유권과물권은 법에 정해진 절차에 따라서만 형성되고 양도되었다. 불가리아 관습법에 의하면처벌권은 지방 자치 기구에 있었다. 하지만 이 기구들은 사소한 범법행위에 대해서만 처벌을 내릴 권한이 있었다. 가장 흔한 처벌 방법은 몽둥이로 때리기, 벌금, 창피주기였다. 불가리아 사회 및 경제활동 방식이 변하면서 관습법도 그에 따라 변해 왔다. 새로운사회 변화에 맞게 관습법의 일부가 변하기도 하고 전체가 변하기도 하며 또 아주 새로운관습법이 생기기도 한다.