Partners without marriage and the right to compensation - when does the court recognize them? 

Increasingly common in the practice of Delikti.bg cases arise in which unmarried partners seeking compensation after an accident. These are situations in which one partner was injured in an accident or died as a result of a work accident, traffic accident or medical error, and the other remains outside the formally defined circle of relatives. 

The question of whether a partner without marriage is entitled to financial compensation is not unambiguous. Bulgarian law does not automatically exclude these persons, but sets clear and relatively strict conditions for recognizing their rights. 

Are unmarried partners entitled to compensation? 

As a rule, the law links the right to compensation to the existence of a kinship or family relationship. However, this does not mean that unmarried partners are completely deprived of protection. Case law assumes that under certain conditions they can also be recognized as persons who have suffered non-pecuniary damage as a result of an incident or accident. 

The decisive criterion is not the existence of marriage, but the existence of a lasting, stable and publicly manifested relationship, which in its content is comparable to family relationships. 

When does the court recognize a right to monetary compensation? 

The court assesses each specific case individually, examining whether there was a de facto marital cohabitation between the partners. This implies living together, a common household, economic and emotional connection, as well as being perceived by others as a couple. 

Similar cases arise most often in the event of the death of a victim in an accident, but also in cases of severe and irreversible injuries that lead to a permanent change in the lives of both partners. 

Right to compensation upon death of a partner 

When a non-marital partner dies as a result of a traffic accident, work accident, medical malpractice, or other serious incident, the court may recognize the right to monetary compensation for the surviving partner. In these cases, non-pecuniary damages – pain, suffering, and emotional trauma from the loss – are compensated. 

The lack of marriage in itself is not an obstacle, but the burden of proof is significantly higher. The partner must establish that the relationship was lasting and stable and that there was a real prospect of future family development. 

When the victim is alive, but with severe consequences for his health 

A right to compensation for a non-marital partner may also arise when the injured party in an accident is alive but has suffered severe and irreversible injuries – for example, total disability or a state of permanent dependence on external assistance. In these cases, it is considered that the life of the non-marital partner has been fundamentally changed and that he or she is suffering deep and prolonged mental suffering. 

Similar situations occur in severe work accidents, serious traffic accidents, and severe cases of medical malpractice. 

Does this also apply to homosexual couples? 

It is important to make a clear distinction here. Under current Bulgarian law, same-sex cohabitation is not, in principle, equated with de facto marital cohabitation. The latter implies a life together between a man and a woman without marriage, in which there is an objective possibility of marriage in the future. 

Since same-sex marriages are not permitted in Bulgaria, case law does not accept that same-sex cohabitation can be equated to de facto marriage. Therefore, in these cases the rules developed for unmarried partners do not apply, when claiming compensation for non-pecuniary damage from an accident. 

For homosexual couples apply general rules of civil law, with the assessment being made outside the concept of de facto marital cohabitation. This significantly narrows the possibilities for seeking monetary compensation and requires particularly careful legal analysis in each specific case. 

What does the law say? 

The legal basis for seeking compensation is contained in the Obligations and Contracts Act, which regulates liability for tort. Depending on the nature of the incident, provisions of the Labor Code, the Insurance Code and the Health Act also apply. 

The lack of explicit legal regulation regarding unmarried partners means that case law plays a decisive role in determining whether a person can be compensated. 

Why is consulting a lawyer crucial? 

Cases involving unmarried partners are among the most complex in the field of tort law. They require careful evidence gathering, in-depth knowledge of case law, and precise legal argumentation. Timely consultation with an experienced attorney is often decisive in whether monetary compensation will be awarded. 

If you are a partner without marriage and your loved one has been injured in an accident, work accident, traffic accident or medical error, the team of Delikti.bg can help you assess whether you are entitled to compensation and how to protect your rights. Contact us for professional legal advice and an individual assessment of your case.