Juridical Tribune (Dec 2019)
Bulgarian perspectives on the abuse of rights in lights of the Directive 2011/7/EU on combating late payment in commercial transactions
Abstract
The subject matter of this research is the abuse of rights in context of the late payment in commercial transaction. The abuse of rights as a law concept is well known in continental law families dates back to ancient Roman law. Considering the vision of the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transaction the Bulgarian legislation offers a new point of view of that concept which is currently been discussed in this article as a new law concept. That point of view has been considered by the author as an abuse of interests instead of abuse of rights. That vision was legislative introduced by the provisions of Art. 303а, paragraph 1-2 BCA and Art. 309а, paragraph 3 BCA in response to the requirement of acquis communautaire. As well as the abuse of interests is considered as a new law concept there is a necessity of a clear explanation of that notion and criteria for distinguish it from the old concept of the abuse of rights.
