Чернов Сергей Витальевич
Москва, ул. 7-ая Парковая, д. 24 офис 413
метро Щелковская и Первомайская
Гражданско-процессуальный кодекс Болгарии часть 1.
Code of civil procedure book 1.
NATIONAL ASSEMBLY
CODE OF CIVIL PROCEDURE
PART ONE
GENERAL RULES
I. BASIC PROVISIONS
1. The present Code regulates the procedure in civil actions before the Regional Courts.
2. The Courts shall review every request for the protection and facilitation of personal and proprietary rights entered before them.
Court actions are initiated at the request of the interested party or the Prosecutor.
3. The parties participating in court actions, as well as their representatives, under threat for liability for damages are obligated to exercise their prescribed procedural rights in good faith and in observance of the rules of socialist coexistence. They shall present before the Court the truth and nothing but the truth.
4. The Court resolves case solely on the basis of the law.
It shall participate actively in the full investigation and disclosure of the rear rights and interrelations of the parties.
The Court shall guide the parties in the performance of the legally required actions in order to negate damage to their interest due to legal ignorance, illiteracy or other such reasons.
5. The official language in the courts shall be Bulgarian when parties to the actions are persons who do not have command of the Bulgarian language the Court shall appoint an interpreter with the help of whom the said persons be able to perform legal action and who shall elucidate the actions of the Court.
II. JURISDICTION
6. The Regional Courts shall have jurisdiction over all civil cases with the exception of those which by special laws are awarded to the jurisdiction of other organs.
The Court decides with regard to whether the case presented before it falls under its own jurisdiction or under the jurisdiction of another agency.
No other agency shall have the right to review or resolve a case which has already been before the courts.
7. Co-protection may be sought with regard to all parties in the country apart from those who have been granted ex territoriality.
At the request of any Bulgarian citizen before the Court may be summoned parties which are not resident in the country.
(New parations 3 & 4 - State Gazette, ed.41, 1985.) Matrimonial actions fall under the jurisdiction of the Bulgarian courts if one of the spouses is a Bulgarian citizen.
The Bulgarian courts shall review matrimonial actions between foreign citizens if the residents of the respondent is the Republic of Bulgaria or if either one of the spouses lives in Bulgaria and the laws of the country of which the spouses are citizens does not preclude the jurisdiction of the Bulgarian courts.
8. Persons with the right to ex-territoriality, as well as foreign states fall under the jurisdiction of the regional courts if;
a) when they have initiated the action themselves;
b) the action relates to their economic entities in the country and;
c) in cases regarding proprietary rights over realty which are in the country.
9. (Amends. - State Gazette, ed.60, 1988, & ed.55, 1991.) Parties to proprietary actions may negotiate that it be resolved before a court of arbitration unless the action involves proprietary rights or rights over realty, alimony or employee - employer rights.
The court of arbitration may have its seat abroad if one of the parties is resident or is registered in a foreign country.
Under the stipulations of Paras 1& 2 the parties may present a foreign court with the action which does not fall under the exclusive jurisdiction of the Bulgarian courts if the agreement with regard to this is in writing and is deemed legal under the legislation of the country where the court has seat. Under the same conditions an action falling under the jurisdiction of a foreign court may be presented before a Bulgarian one.
The Bulgarian courts shall not terminate an action initiated before it if it be proved that the action with regard to the same dispute or connected with it is pending before a foreign court.
10. The issue regarding whether an initiated court action falls under the jurisdiction of the courts or the state arbitration or another agency may be raised at any one instance or ex-officio by the court.
The court's resolution with regard to the above mentioned issue may be appealed by a private action.
11. (Amends. - Not., ed.90, 1961.) An agency which maintains that the case accepted by the court falls under its own jurisdiction, as well as the prosecutor may raise a counter action on the issue of jurisdiction before the High Court. Up to the final resolution of the jurisdiction the court proceedings shall be halted. In such cases the court may adopt measures for securing an action.
(New - Not., ed.90, 1961.) The stipulations of the previous para shall be relevant with regard to jurisdictional disputes in cases where courts or other agencies have refused review of a case on the grounds of lack of jurisdiction.
III. REMOVAL OF PARTICIPANTS IN THE BODY OF THE COURT
12. A judge or a member of a jury who is the party of the case or the spouse of or directly related to one of the parties whether by direct lineage up to the fourth tier or by marriage to the third, may not participate in the court action.
(Amends. State Gazette, ed.31, 1990.) The latter shall be removed if he or she has participated in the resolution of the case before the courts in the first or second instance, or has been a witness, an expert witness or representative in the case, as well as if he or she has had a vested interest in the resolution of the case or is in some way in particular relations with one of the parties, which might form a rational basis for questioning his or her partiality.
13. The request for removal of a judge or a member of the jury may be entered by anyone of the parties at the first session prior to which the conditions for removal have appeared. The judge or the member of the jury shall request his own removal.
The same conditions for removal apply to the secretary of the court.
14. The court resolves the issue of removal with the participation of that judge or member of the jury.
The court shall rule the ex-officio presentation of the case before another court of the same rank, if due to the removal of the judge its review before the first court has become impossible.
IV. PARTIES, PERSONALITY AND REPRESENTATION
15. Party to civil cases are persons in whose name and against whom the actions are held.
Apart from the cases envisaged by law, no one may in his own name represent others' rights before the court.
(New - Not., ed.90, 1961.) In cases where a person has maintained others' rights, shall be summoned as a party as well as the person whose right has been maintained.
16. Unincapacitated persons may perform on their own all legal actions.
Minors as well as persons placed under full legal incapacity shall be represented by the legal representatives - parents or guardians. Persons not having attained full majority or placed under limited incapacity shall perform legal actions before the court with the agreement of their parents or guardians.
Persons not having attained full majority may conduct their actions on their own when they entail employment disputes or when they concern transactions under Art.4, para.3 of the Persons and Family Act.
Persons declared missing or absent shall be represented in the first case - by quarter pointed representatives and in the second by legatees who have entered into possession.
Persons with undetermined residence shall be represented by others officially appointed by court.
In cases of conflict of interests between the represented and the representative the court shall appoint a special representative.
17. The representatives stipulated in Paras 2,4 & 5 of the preceding Article may perform actions for which in connection with Article 22 an express power of attorney is envisaged only with express approval of the court before which the case is revealed.
18. State enterprises, state banks, cooperatives, public organizations and other legal persons shall be represented before the court according to the procedure provided for in legislative acts, in their documents of constitution and other statutory acts. In the absence of such prescriptions, they shall be represented by two members of their managing organs.
State institutions shall be represented by their directors, set out in accordance with their documents of association. When the State institution does not have a separate account at the Bulgarian National Bank, court actions shall be performed only half and with regard to the state institution which possesses such account and to which the former is directly subordinate.
(New - Not., ed.90, 1961.) The state shall be represented by the minister of finance.
19. In actions directly concerned with principal capital means, along with the state enterprise, the Ministry of Finance may be a party.
State institutions are obligated to inform the minister of finance with regard to all actions entered against them. The Ministry of Finance may participate in all such actions.
20. Representatives of the parties on the basis of power of attorney may be:
a) lawyers,
b) parents, children and spouses;
c) legal councils and other employees with legal degrees in institutions, enterprises, cooperatives and other public organizations and legal persons;
d) (New - State Gazette No.1 of 1963.) Jurists from the social legal departments at health institutions which represent the mothers and children in need of legal assistance;
e) (former "d" State Gazette No.1 of 1963) Other persons provided by law.
(Amends. - State Gazette, ed.27, 1986.) Trade unions and their affiliates may be represented by workers and employees in accordance with Art.45. of the Labour Code.
(New - Not., ed.90 of 1961.) A lawyer who is the spouse, brother or sister or relation in direct lineage to the judge, prosecutor or member of the jury who participates in the hearing of the case shall not be allowed to be counsel in the action.
21. Representatives shall present an affidavit signed by the party or its legal representative.
For the presentation of actions as to civil status, including matrimonial actions an express power of attorney is needed.
22. The general power of attorney accords the right to perform all legal actions, including the right to receive deposited costs and supra power of attorney.
For the conclusion of an agreement for the reduction, withdrawal or denial of action, for the acceptance of the claims of the other party for receiving moneys or other valuables as well as all other actions constituting management of the subject of the action, an express power of attorney shall be required. The legal counselors of state institutions and enterprises may not conclude such agreements.
The power of attorney shall be in force up to the conclusion of the case in all courts unless otherwise provided.
23. The client shall have the right to withdraw at any given time his power of attorney, by informing the court, which shall not halt the hearing of the case. All actions legally performed by the person empowered up to the withdrawal of the power of attorney shall remain in force.
24. In the case of death, mental incapacity, all denial of rights of the person empowered the course of the case shall not be interrupted, but may be postponed for a later hearing if the court shall find that the above mentioned circumstances could not have been known to the party or that the latter has learned of them at such a time as to have been precluded from substituting the person empowered with another in due time.
25. The court at all points in the course of the hearings ex-officio takes into consideration the lack of procedural personality, legal power of attorney, parental consent or that of the guardian with regard to the maintaining of the action as well as with regard to the lack of power of attorney with regard to the latter.
The court shall determine the requisite time limit for remedying the above mentioned defect, after which if not remedied, the action should be stopped.
When the above mentioned defects regard the implementation of a procedural action in the course of the hearing, if they be not remedied within the time limit prescribed by the court, they shall be deemed as not having been performed.
26. The party, wishing to execute an essential procedural action with regard to a person who is not possessed of procedural personality and which does not have a legal representative or guardian, may require of the court before which the case is pending to appoint such guardian.
Costs for the appointment of such guardian shall be initially borne by the party on whose request the guardian has been appointed.
V. PARTICIPATION OF THE PROSECUTOR
27. The prosecutor may initiate the actions envisaged in the present Code in the interest of a third party or may enter as a party to an already initiated action in cases expressly prescribed by law as well as in cases when he feels that the defense of vital state and public interests require it.
Apart from that the prosecutor draws up conclusions with regard to civil cases expressly provided by law and when he deems this necessary.
28. When the court finds that the participation of the prosecutor in the particular case is necessary it informs him of this.
29. The prosecutor shall exercise the right provided to him by law in accordance with the procedure established as to the parties in the action.
The prosecutor may not perform such actions as may be construed as management with regard to the subject of the case.
30. The prosecutor may appeal all court rulings which are subject to appeal even though he is not a party to the proceedings. The time limit for appeal shall be deemed to have started as of the formal reading of the court's decision.
(App. - Not.,ed.90 of 1961.) The person on whose behalf the prosecutor has instigated the action before the court may at any time enter the case as a formal party to it. In the cases envisaged under Art. 27, the court ex-officio summons the person in whose interest the prosecutor has instigated the action.
VI. TERMS
32. The terms for proceedings where not expressly prescribed by law, shall be determined by the court.
The terms shall be measured in months, weeks, and days.
33. A term which is to be measured in months shall expire on the respective last date of the last month, and if the last month does not have the respective date the term shall expire on the last date of that month.
A term which is to be measured in weeks, expires on the respective day of the last week.
A term which is to be measured in days shall be calculated as of the day following the one as of which the term begins to run and expires at the end of the last day.
When the term expires on a non-working day, that day shall not be counted in and the tern shall expire on the next working day.
34. The last day of a term shall run up to end of the twenty-fourth hour, but if something is to be performed or presented before the court the term shall expire at the moment of the end of working hours.
(Amends. - Not., ed. 90 of 1961.) The term shall not be deemed forfeited, when the sending of the request has been done by mail or when it has been entered in another court, the prosecutor's office or another jurisdiction within the prescribed time limit.
35. On cessation of proceedings all initiated but not expired terms shall be halted. In such cases the halting of the term begins on the occurrence of the event on the basis of which proceedings have been halted.
36. The legal terms and those determined by the court may be prolonged on the request of the interested party which has been entered before the expiry of the term if the court honours such a request.
The above stated prescription shall not be relevant with regard to the lodging of complaints.
37. A party which has missed the term prescribed by law or determined by the court may request its reinstatement if it proves that the remission was due to unforeseen special circumstances.
The request for reinstitution of the term shall be entered within seven days of the notice of its remission.
38. When the court due to an error determines a term longer than that provided by law all actions performed after the legally prescribed term but before the term determined by the court shall not be regarded as delayed.
39. The request for the reinstitution of the missed term shall be allowed by the court before which the delayed action should have been performed and with the express summoning of the parties.
Together with the request of the reinstitution of the term all papers with regard to which the reinstitution of the term has been requested should be presented, and with regard if the deposition of sums for costs the court shall determine a new term for their disposition.
Against the ruling of the court which allows or denies the reinstitution of the term private grievance may be entered.
40. The procedural actions performed after the expiry of the term shall not be taken into account by the court unless otherwise prescribed.
VII. SUMMONSES AND NOTICES
41. (Amends. - State Gazette, ed.89, 1976, & ed.28,1983.) The serving of summons is performed by the respective officer of the court who by his signature attests to the date and manner of serving.
If at the place where the serving should be executed there is no judicial institution the serving shall be performed by the regional people's council or the mayor's office.
Summons may be served by mail, by registered letter with return receipt.
In exceptional cases summonsing may be done by telephone, telex or telegramme. Summonsing by telex or telephone shall be attested in writing by the official who has performed it and the summonsing by telegramme - by return receipt for serving.
All parties should be summoned not later than seven days prior to the court hearing.
42. The party may designate a person residing at the municipality of the court (court address) to which all notices or summonses should be served.
If several plaintiffs or respondents have designated a common court address or a common representative, a summons enumerating the names of all persons is issued.
43. All contacts of the court with persons or institutions outside the Republic of Bulgaria shall be carried out through and with the assistance of the Ministry of Foreign Affairs.
44. (Amends. - State Gazette, ed.89, 1976.) A party resident or having been abroad for more than thirty days is obligated to a court address if the latter does not have a legal representative in the Republic of Bulgaria. The same obligation equally applies as regards the legal representative, the guardian of the respective party, should the latter travel abroad.
Should the persons mentioned in the above Para not point out a court address, all documents become part of the court case and shall be deemed as serviced. With regard to the said mentioned consequences they shall be duly informed by the court at the time of serving the first summons, notice or other documents.
45. The summons shall include: the court of issue, the name and address of the person summoned, with regard to which action and in what capacity the latter is summoned, the time and place of hearing, as well as the legal consequences of non-appearance.
46. (Amends. - State Gazette, ed.89, 1976.) The summons is serviced after a placing a personal signature of the party or its representative in the case. In cases when the person is incapacitated the summons is serviced to its legal representative or guardian or canceled in the particular case.
When the servicer does not find the person summoned the latter services the summons to a person of full majority of its household, and in cases where such is not to be found - to the housekeeper, a member of the managing council of the condominium or one of the neighbours if such are prepared to accept it. The person through which the serving takes effect signs the receipt with the express obligation to present the summons to the party to which it is addressed. The servicer attests by his signature the date and manner of serving, as well as by designating the capacity of the person to whom the summons was serviced.
When the legal representative in the action is a lawyer and the servicer does not reach him he or she services the summons to the secretary of the legal office or another subordinate. They are obligated to accept the summons and to service it on the legal council.
47. When the person or persons envisaged in Para.2 of the previous Article, are unable to sign due to illiteracy or for some other reason, or if the person summoned or members of his or her household refuse to accept the summons, the servicer makes a note of this on the receipt. Refusal to accept a summons shall be witnessed by the signature of at least one witness. In such cases the party is deemed properly summoned.
48. The serving of summonses to public institutions, enterprises and public organizations shall be carried out in their general office, and to any one of the persons empowered to deal with documents.
49. (Amends. - State Gazette, ed.28, 1983.) As regards employees and workers in state institutions, enterprises, cooperatives and public organizations the summons may be serviced in person at the place of work and if not found there - to any one of the officials stipulated in the preceding Article at the Section where they receive their salary.
50. If at the time of initiation of court proceedings the place of residence and address of the respondent are not known the latter shall be summoned through publication in the supplement to "Notices of the Presidium of the National Assembly", performed not less than one month prior to the court hearing. The court shall allow this form of summonsing when it has been officially confirmed through references to the respective office of address and registration or other means, that the place of residence of the respondent is truly unknown.
If in spite of the publication the respondent does not appear before the court at the time of hearings, the court appoints an official representative.
51. (Sec.I - (Amends. - State Gazette, ed.89, 1976, & ed.28,1983.) A party which has permanently or temporarily changed the address entered on the action or which has once been properly summoned, shall notify the court with regard to its new address. The same obligation applies with regard to the person designated as concerns court address, legal representative and the guardian. The said obligation is entered on the summons.
In breach of the above-mentioned obligation and in cases where the servicer is unable to ascertain the new address or the address at which the party temporarily resides, the summons is attached to the court papers and is deemed as serviced.
In accordance with the procedure set out in the preceeding articles, all papers and notices relevant to the case shall be serviced.
VIII. COSTS
53. With regard to all cases state fees as well as court costs shall be collected.
54. State taxes shall be collected in cases and amounts expressly stipulated in The State Taxes and Tariffs Act and the schedules attached to it.
55. The state fee shall be collected on the basis of the proportion of the action, which shall be determined by:
a) in cases of financial actions - the actionable sum;
b) (Amends. - SG No. 90/1961, 37/1996) in actions regarding property and in cases of signing a preclusive contract - 1/4 of the taxable amount for the purpose of levying a legacy tax, and if such is not fixed - 1/4 of the market value of the property;
c) in actions for breach of proprietary rights - 1/2 of the amount stipulated in the above sub-para;
d) (Amends. - Not., ed.90, 1961.) in actions for the prolongation, annulment or breach of contract - with regard to the value of the contract, and as concerns contracts of purchase or sale of realty to the amounts prescribed in Sub-para "b";
e) with regard to actions with regard to the continuation or cessation of contracts for rent - the rent for one year;
f) in actions regarding previous payments for a set period of time on the basis of the sum of all payments;
g) with regard to all actions for periodical payments for an unspecified period of time or for life-time payments - on the basis of payments for a three year period.
With regard to actions not specifically mentioned above, or with regard to actions for payments which cannot be evaluated, the fee shall be determined by the regional court or its president.
(Former Sec.4 - State Gazette, ed.55,1987.) When with one request several actions are sought, the value of the action shall be equal to the sum of various requests.
56. The value of the action shall be designated by the plaintiff. The issue regarding the value of the action may be raised by the respondent or ex-officio by the court not later than the first hearing. In cases of discrepancy between the designated and the real value the court determines the amount of the request.
The resolution of the court increasing the amount of the action is liable to appeal by a private petition.
57. In case of actions with regard to which at the moment of service difficulties appear as to valuation, the court shall make a proximate evaluation with regard to which eventually an additional fee of the reimbursement of a higher fee shall be performed when the court makes a final ruling.
58. In cases of reduction of the actionable amount the fee deposited shall not be returnable. In cases of increase of the actionable amount the respective fee shall be increased and deposited.
59. The sums expended on the summonsing of witnesses, expert witnesses and expert evaluations shall be deposited in advance at the court by the party requesting to an amount determined by the court. If the summonsing or expert evaluation has been performed at the request of the court the sums collectable may be requested from one or both parties with regard to the circumstances.
60. If one of the parties owes costs the court rules for their mandatory collection.
61. Remuneration for witnesses, workers or employees shall be determined with regard to the median day wage for the particular municipality, travel expenses and all other expenses incurred. The proportion of remuneration equal to the median day wage shall be entered on account of the State or the enterprise whereas the worker or employee shall receive his working wage from the institution or the state enterprise - Art.65, Para.2 of the Labour Code.
A witness who is not a worker or an employee may not receive remuneration higher than the median daily working wage at the particular municipality plus travel and other expenses.
62. Remuneration for expert witnesses shall be determined by the court with regard to the work they have performed and the expenses incurred.
63. Taxes and costs in court actions shall not be deposited by:
a) by plaintiffs expressly set out in Art.5, "b" to "g" of the State Fees Act;
b) persons with regard to which the president of the municipal or regional court on the basis of a certificate regarding material status, issued by the municipal (regional) people's council or mayor's office, that they do not possess sufficient means to pay taxes and costs and,
c) actions initiated by the prosecutor's office.
In the above-mentioned cases court costs shall be paid through sums provided for in the state budget.
If the action succeeds all subsequent taxes and paid costs shall be for the account of the losing party.
State institutions and the Bulgarian Red Cross shall be exempt from the payment of taxes but not from the payment of costs.
64. The taxes paid by the plaintiff as well as legal costs and counsel's costs, if such has been engaged, shall be paid by the respondent in proportion to the part of the request awarded by the court.
The respondent has an equal right to request the reimbursement of expenses incurred by him in proportion to the rescinded part of the request.
The respondent has the right to costs in case of termination of proceedings.
When the case has been resolved in favour of a state institution, the plaintiff shall pay to it all taxes relevant to individual citizens. In favour of state institutions and enterprises, cooperatives and other public organizations shall be awarded all legal fees if they have been represented by their own legal advisors.
65. (Para.1.Amends. - Not., ed.90, 1961, & State Gazette, ed.28,1983.) A party which causes delay of hearings or repealing of a decision through presentation of requests, designations of facts evidence which the latter could have presented or designated in due time, shall bear irrespective of the end result of the case costs for the new hearing, respectively the appeal of the decision and the fresh collection of already gathered evidence, costs of the respondent and its representative for appearing before the court as well as shell pay an additional state fee to the amount of 1/3 of the initial one, but not less than 20 levs.
If the respondent through his action has not given cause for the initiation of proceedings or accepts the request all costs shall be for the account of the plaintiff.
66. In case of agreement all costs shall be borne by parties to the amounts incurred by each one unless otherwise agreed.
67. A third party - aider and abettor neither owes nor receives costs.
68. When in the case the prosecutor appears as a party the respective costs shall be awarded to the state or be paid by it.
69. Costs connected with the implementation of the decision shall be for the account of the respondent except in the following cases:
a) the case has been halted in connection with Art.330 and,
b) such actions have been forfeited by the plaintiff or repealed by the court.
70. (Amends. - State Gazette, ed.55, 1987.) The court's decision with regard to costs as well as with regard to additional state taxes in connection with Art.61.1, may be appealed by private petition if the decision itself is not under appeal.
70a. (New - State Gazette, ed.1, 1963.) The sums deposited for costs of witnesses, expert witnesses, business trips and guarantees in moneys or valuables shall go in to the state budget if not claimed within three years as of the date on which they have been due.
IX. FINES
71. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If the witness or expert witness duly summoned does not appear before the court due to mitigating circumstances the court shall levy a fine up to 400 levs in accordance with his material status and circumstances and shall request his compulsory presence at the next court hearing.
72. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If a witness or expert witness refuses to give evidence or analysis without mitigating circumstances the court shall fine him up to 1,000 levs.
73. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) If a third party refuses to present a document or object for investigation requested by the court, with regard to which it has been established that it is in his position the court levies a fine of 1,000 levs and requests that it be presented before the court.
74. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) An official who has wrongfully serviced a summons and who has not in due time presented the court with the receipt of service, or who has not performed other actions requested by the court, as well as persons who do not perform their duties in connection with Art.46, Para.2, shall be served with a fine up to 499 levs.
75. (Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) For contempt of court as well as for refusal to execute the rulings of the chairman of the court the guilty party shall be served with a fine up to 400 levs.
76. (Amends. - State Gazette, ed.20,1983.) Within a period of seven days after the imposition of the fine a complaint may be lodged before the court which has imposed it. The term shall commence as of the day of the respective court session and in cases under Art.73 & 74 - as of the day of notice. The court shall review the complaint in a closed session and if it accepts the stated reasons as founded, it shall reduce or rescind the fine as well as the ruling for compulsory appearance. The ruling is liable to appeal through a private complaint when the fine exceeds 20 levs.
77. Fines envisaged in Art.71-75 may be levied by the officer of the court in cases of untimely or irregular serving of summonses or notices as well as with regard to the non-compliance of other of his rulings.
(Para. 2, Amends. - State Gazette, ed.28,1983, & ed.55, 1992.) The latter shall levy a fine of up to 100,000 levs to persons who obstruct an additional investigation of the object declared for sale.
78. The resolution through which the officer of the court levies a respective fine may be appealed within a period of seven days of the notice before the regional judge who in closed session resolves the issue which may not be appealed.
PART TWO
ACTION PROCEEDINGS
SECTION I
PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE
X. JURISDICTION
79. All civil cases fall under the jurisdiction of the regional courts except those which fall under the jurisdiction of the municipal courts as first instance.
(Para. 2 rep.-SG, is.55 of 1962)
80. (Amends. - Not., ed.90,1961, State Gazette, ed.28, 1983 & ed.55, 1992.) The municipal court has jurisdiction as court of first instance:
a) actions for establishing or disputing paternity, for halting procedure of adoption, for placing under incapacity or for the removal of incapacity;
b) actions in civil and commercial cases where the action is for an amount exceeding 100,000 levs;
c) actions which in connection with other laws fall under its jurisdiction per-se.
The court of higher instance may request and resolve a case falling under the jurisdiction of a court which is within its region of full jurisdiction.
81. The action shall be presented before the court in whose region the respondent resides.
Actions for alimony may be brought before the courts of residence of the plaintiff.
82. Actions against minors or persons placed under full legal incapacity shall be entered at the place of residence of the legal representative.
83. Actions regarding propriety rights over realty, partition of co-owned property, for setting boundaries and rights of ownership shall be presented as re lex-situs.
84. Actions regarding inheritance, for annulment or reduction of testaments, for division of inheritance or annulment of voluntary division shall be presented re ex-lege.
If the testator is a Bulgarian citizen and at the time of death did not reside in the People's Republic the above-mentioned actions may be raised at his last place of residence or before the court in whose region his properties are sitting.
85. Actions for damages resulting of unlawful actions shall be raised at the place of execution or the place of residence of the perpetrator.
86. Actions against persons which reside in one place in conditions, which by their essence reveal, the said persons are at the above-mentioned place for reasons of continuous residence, such as students, cadets, school children, etc. fall under the jurisdiction of the court at a place where they reside, when the actions and claims concern moneys. The same applies with regard to military personnel - para military personnel which are doing military service. Claims against them fall under the jurisdiction at a court where their military units are stationed.
87. Claims against plaintiffs from different regions all with regard to property on the territory of various court jurisdictions shall be entered at the discretion of the plaintiff before the court of one of these regions.
88. Claims against a person with unknown whereabouts shall be presented before the court of residence of his representative or if such does not exist - at a place of residence of the plaintiff.
The same procedure applies with regard to respondent who does not reside on the territory of the People's Republic.
In cases when even the plaintiff does not reside in the Republic the claim shall be presented before the respective court in Sofia.
89. Claims against state institutions and enterprises, cooperatives and public organizations and other legal persons shall be presented before the court in whose region their place of management is situated. With regard to disputes arising from dealings with their subsidiaries or branches, claims may be raised at the place of their residence.
(New - Not. ed. 90, 1961.) Claims against the state apart from cases in Art.83 & 84 shall be raised before the court in whose region the disputed legal relation has arisen; when the latter has arisen abroad the claim shall be presented before the courts in Sofia.
90. The jurisdiction prescribed by law may not be altered through agreement by the parties to the action.
91. By agreement, entered into writing the parties may designate for review with regard to a specific proprietary dispute another court, other than the one under whose jurisdiction it falls with regard to local rules of jurisdiction. The latter stipulation shall not be apply as regards jurisdiction under Art.83.
92. Each court shall decide whether the action initiated before it falls under its jurisdiction.
Claims against lack of jurisdiction with regard to a given case may be raised up to the preclusion of proceedings at the court of review or by the court ex-officio.
Claims against lack of jurisdiction of the action as to lex-situs of realty may be entered by the party or raised ex-officio by the court up to the preclusion of public hearings at the court of first instance.
In all other cases counter actions with regard to lack of jurisdiction as to a given case may be raised or entered by the respondent not later than the first session of court.
Simultaneously with the entry of a counter action the party shall present its evidence.
93. If the court finds that a given case does not fall within its jurisdiction, it sends it to the respective court. As of this moment the claim is deemed as pending as of the day of presentation of the claim before the respective court bearing in mind that all actions performed by the latter remain in force.
(New - Not. ed. 90, 1961.) Disputes as to jurisdiction between regional courts shall be resolved by the municipal court. Disputes with regard to jurisdiction in which the municipal court is a party as well as such where regional courts from different regions are parties shall be resolved by the High Court.
All changes of circumstances in the facts regarding the claim occurring after its entry and concerning the issue of jurisdiction shall not be deemed sufficient grounds for re-assignment of the case.
94. The decision of the municipal court may not be annulled purely on the grounds that it fell under the jurisdiction of the regional court.
95. When in the same court or in different courts there are pending cases as between the same parties, on the same grounds and on the basis of the same claim the later claim shall be stopped ex-officio by the court.
When the above-mentioned stoppage has been decreed by the court of second instance it overrules the decisions of the court of first instance.
96. When under the rules prescribed in the present chapter the competent court may not be determined on the request of the party the High Court in closed session determines the court before which the claim should be raised.
XI. RAISING OF A CLAIM
97. Anyone may raise a claim with regard to the restitution of one's rights when they have been breached or with regard to constituting of the existence or non-existence of legal relations or rights when one has a vested interest in this.
Claims and actions may be raised for the legal sanction of the respondent to perform continuous duties even though their performance may take place after the court's decision as to them.
Actions may be raised with regard to the disclosure of the authenticity of a given document. Claims with regard to the establishment of the existence or non-existence of facts of legal significance shall be admissible only in the cases expressly provided by the law.
(Para.4, Amends. - State Gazette, iss. 28, 1983, & iss.55, 1987.) Claims with regard to the establishment of evidence of a crime which is relevant to a given civil case or for the repeal of a court ruling which has already entered into force is admissible in cases where criminal proceedings have be instigated or where they have been suspended for the reasons set out in Art.21,Para.1, Subsec. 2-5 or when it has been halted for one of the reasons set out in Art.22, Subsec.2, and 22a of the Code of Criminal Procedure or where the perpetrator of the act remains unknown.
98. (Amends. - State Gazette, iss. 28, 1983.) Claims should be written in Bulgarian and must contain:
a) naming of the court;
b) the names and addresses of both plaintiff and respondent, of their legal representatives or agents of attorney, if any, as well as the civil registration number of the plaintiff;
c) the value of the claim in cases when it is estimable;
d) presentation of the circumstances on which the claim is based;
e) what the claim consists of;
f) signature of the person who has entered the request.
The plaintiff shall state all proof and, with regards to the circumstances on which the claim is based, present it in writing in the request.
If the person entering the request does not know how or is incapable of signing the request, it shall be signed by a person entrusted by the claimant, and the claimant shall state the reasons for not signing it personally.
99. The claim request shall be appended by:
a) the power of attorney in cases when it is entered by an agent of attorney;
b) the state taxes and costs, if such are due, and
c) copies of the claim request and the appendices, the number of copies corresponding to the number of respondents.
100. In cases when the claim does not satisfy the conditions stated in the two previous Articles, the plaintiff is sent a notice to deal with the standing irregularities in a seven-day period. When the address of the claimant is unknown or nor given to the court, the noticing is carried out by placing a notice at a specially prescribed place at the seat of the court for a period of one week.
If the claimant does not remove the irregularities in the due period of time, the claim and the appendices to it are returned to him, and if the address is unknown, the claim is left with the office of the court at the disposition of the plaintiff. A private claim may be entered against the returning of the claim, but no official copy for serving is presented.
When irregularities of the claim are registered in the course of proceedings, the case is dealt with in the same way.
The corrected claim is considered regular as of the date of its entering.
The official of the court who gives course to the claim in cases when the full state fee has not been paid, is liable under Art. 6 of the State Fees Act.
101. When the case requires the presentation of documents the party may present an official copy of the document, but in all such cases when instructed by the court to present the original, the latter shall be obligated to do so. If the party fails to do as instructed, the copy presented shall be struck by the court as evidence in the litigation.
102. A copy of the written claim of action along with copies of all relevant documents shall be handed to the claimant together with the summons for the initial hearing.
103. The plaintiff may by a single claim against the same respondent enter several actions if the latter fall under the jurisdiction of the same court and if the prescribed procedure for their review is the same.
In cases where claims entered are not due for review under the conditions of the same procedure or where the court finds that their simultaneous review would be considerably burdensome, it shall rule that they be heard separately.
104. Not later than the first sitting of the court the respondent may enter a counter-claim if the latter by its nature falls under the jurisdiction of the same court and is in direct connection with the initial claim or where claim-reductions can be made.
The entry of a counter-claim shall be executed according to rules prescribe with regard to claims. All defects of the counter-claim should be remedied not later than within the course of the same court hearing. In all other cases the counter-claim shall be reviewed in a separate court hearing.
XII. REVIEW OF CASES
105. The hearing of cases shall be performed orally in open court apart from instances where the law prescribes that it be performed in closed session.
If due to the circumstances of the case its public hearing may prove detrimental to the public interest or if the set circumstances concern the intimate private life of the parties, the court shall ex-officio or at the request of any one of the parties rule, that the case be heard or the performance of certain legal actions with regard to the case be done in the closed session. In such cases only the parties, their legal representatives, expert and other witnesses as well as persons expressly designated by the chairman of the court may be present in the court room.
106. The chairman presides over the hearings personally. He is responsible for observance of order in the courtroom and may remove anyone who does not abide by this order.
107. Failure to appear by one of the parties which has been duly summoned shall not compromise the hearing of the case. The court however proceeds with the hearing only after it has reviewed the cases with regard to which the parties have appeared.
The court shall postpone the hearing if the party or its representative does not appear due to sudden illness or other incapacity.
108. During the first court session after resolution of preliminary questions and those concerning the regularity of the request for action, the chairman or one of the members presents an oral report after which the court proceeds with the ascertainment of the factual side of the dispute.
(New - Not., iss.90, 1961.) In actions brought against institutions on the state budget, the plaintiff shall present not later than in the course of the first session that he or she has filed the complaint before the institution for the satisfaction of the request the subject of the action and that the said institution has refused to satisfy it or has not stated reasons for this within a one month period. If such a document has not been presented the court postpones the case on the motion of the respondent at the same time giving the latter an adequate time limit within which to present his viewpoint with regard to the action.
109. In the above-mentioned session each party shall present and argument all its requests and objections and review all circumstances raised by the other party. Following this the court invites the parties to reach mutual agreement. If such agreement has not been reached, on the motion of the court the respondent presents his or her evidence and the plaintiff his or her additional evidence if such exists.
The court puts forth questions to the parties regarding the factual allegations of the opposite party. The answers with regard to these questions are briefly reviewed by the chairman of the court in order that they may be entered on the official protocol.
The court shall instruct the parties that some of the circumstances of relevance to the case cannot be construed as evidence.
With regard to various stipulations of the parties the court may decide that they need not be proved by concrete evidence. This shall be entered on the protocol.
110. (New - Not., iss.90, 1961, amends., iss.99, 1961.) During the first session the parties shall present all their written evidence as regard the factual situation and designate further evidence and circumstances which shall be established by them.
By way of exception during the following session the parties may designate new circumstances and present new evidence only if the latter are essential as concerns the equitable resolution of the case, or which they attest as not being possible for presentation or designation at the first session.
The court bearing in mind its obligation for a full and fair investigation of the subject matter may on its own initiative postpone the hearing for the gathering of new evidence or proof of circumstances, only if it decides that in their absence the case will remain factually unresolved and this would present a hindrance for a proper ruling.
111. (Prev. iss.110 - Not., iss.90, 1961.) The court rules by a resolution with regard to the admission of evidence and the manner in which they are collected.
(Prev.para.1 - Not., iss.90, 1961.) The terms set out by the court with regard to the presentation of evidence and for the deposition of costs shall be deemed to run as of the day of the hearing even with regard to the party which has not entered presence.
(Prev.para.2 - Not., iss.90, 1961.) The witnesses and expert witnesses costs for which have not been deposited within the designated time limit shall not be summoned, but the party may bring them for the court sitting.
112. When various of the evidence are to be found outside the jurisdiction of the court and it is not essential that they be collected by it, it delegates to the respective regional judge to collect them.
The court informs the judge to whom the delegation is addressed the term within which the evidence shall be collected and if possible the date of the next hearing.
The judge to whom the obligation has been delegated rules by resolution with regard to all circumstances regarding the delegation.
113. (Resc. - Not., iss.90, 1961.)
114. In all circumstances at the hearing the court may rule that the party appears in person in order to be questioned with regard to circumstances relevant to the case.
115. (Para.1, amends - State Gazette, iss.28, 1983.) When the hearings are postponed the court designates the date of the next hearing and the parties appearing before them shall be deemed properly summoned.
The witnesses who have appeared before the court shall be questioned at that particular hearing unless the court deems it proper that all witnesses be questioned together. An additional summoning of a witness who has already been questioned shall be permitted only in exceptional circumstances.
116. The plaintiff may in all cases during the course of hearings before the court at first instance alter the basis of the action if with regard to the defense of the respondent the court deems this reasonable. The plaintiff may also, without altering the basis of his claim, increase or decrease the amount of the perspective damages. He may by the closing of oral presentations go from a constitutive claim to a punitive one or vice versa.
When in the absence of the respondent the plaintiff alters his claim, he should do so by written request a copy of which shall be presented to the respondent.
(Para.3, amends - State Gazette, iss.28, 1983.) The claim shall not be deemed as having been increased for reasons of compiling of past interests or the collection of yields from the subject matter after its instigation.
117. The alteration of the action through the substitution of one of the parties with a third party is in all cases admissible before the court of first instance with the agreement of both parties as well as the third party which is to become a party to the case.
The agreement of the respondent shall not be necessary when the plaintiff drops the action against him.
(Amends. - Not., iss.90, 1961.) Under the stipulation of the subceding subpara the plaintiff may present his claim against a plaintiff who does not agree to become a party to the case. However in such cases the claim against the new plaintiff shall be deemed as presented as of the day on which the claim of action against him has been presented before the court.
118. By the preclusion of oral hearings before the court of first instance the plaintiff as well as the respondent may petition the court to present its decision as well as to rule with regard to the existence or non-existence of a given legal relationship which is relevant in whole or in part with regard to the outcome of the case.
119. The plaintiff may withdraw his claim without the agreement of the respondent before the conclusion of the hearing of the case. Should the plaintiff reinstate the same claim he may use the evidence already gathered with regard to the new hearing if for their renewed collection there exist insurmountable circumstances.
The plaintiff may forefeit in whole or in part the disputed legal right at any one time during the hearing of the case. In such instances he is precluded from reinstating the same claim. When the forfeiture has been made before the court of second instance, the decisions of the court of first instances shall be deemed rescinded.
120. When a party dies or a legal person ceases to exist the court action shall continue with regard to the legal successor.
121. If during the course of the action the legal right under dispute has been transferred to a third party, the case continues as between the initial parties.
The new bearer of the legal right may enter or be drawn in the action as a third party. He may substitute the initial holder of the legal right only under the conditions stipulated in Art. 117, Para1.
The court decision shall in all cases be construed as res-judicata with regard to the legal successor with the exception of actions with regard to entry on the registers, when the subject matter is realty (Art.114, LP) or with regard to acquisition of property through ownership in good faith (Art.78, LP) when movable property is concerned.
122. When during the course of court hearings it becomes evident that the outcome of the case concerns a state institution or enterprise, cooperative or other public organizations which are not party to the case the court shall notify the respective institution, enterprise or organizations and postpone hearings in order to give them proper time to enter proceedings.
123. When before the court there are several pending cases regarding the same plaintiff and respondent or which have a natural connection between them, the court may join the claims in one action and to rule with a common decision with regard to them.
124. Before proceeding to a decision the court once again summons the parties to a joint agreement if the essence of the dispute allows for it.
125. All agreements which do not contravene the law or the rules of socialist co-existence shall be entered on a protocol sanctioned by the court and signed by it and the parties.
When the prosecutor appears as a party to the case the court shall sanction the agreement after taking into consideration his opinion.
The court agreement has the same significance as a court decision entered into force and is not liable to appeal before a higher court.
When the agreement concerns only part of the dispute the court shall continue the hearings with regard to the subject matter still under dispute.
126. (App., State Gazette, iss.28, 1983.) With regard to the hearing of the case a protocol shall be made out on which shall be entered the time and place of the hearings the composition of the court, the parties' appearing, the subject matter of presentations, the claims and stipulations of the parties, the written evidence presented, the evidence of witnesses and other persons in connection with the case, stipulations and findings of the court. The protocol shall be made out under the supervision of the chairman of the court. It shall be prepared within three days of hearings. If within this time limit the protocol is not made out the chairman shall set out a new term for its preparation and shall inform the parties as to it.
The protocol shall be signed by the chairman and the secretary. Changes in the protocol are admissible only on the basis of notes made by the parties with regard to its contents within seven days of its issuance. With regard to the above-mentioned notes the chairman shall comment and rule after summoning the parties and hearing explanations of the secretary.
EVIDENCE
1. GENERAL REGULATIONS
127. Each party shall prove the circumstances upon which it bases its claims or regulations. Facts of public or common knowledge or those known ex-officio by the court shall not be subject to proof, with regard to which the court shall inform the parties.
Concessions or confessions made before the court by the party or its legal representative shall be viewed in the full context of the circumstances of the case.
128. Facts which by law have been presupposed or accepted as true need not be proved by additional evidence. Challenging of such assumptions shall be sanctioned in all instances apart from those forbidden by law.
With regard to the circumstances as to the case the court may accept as proven facts as to which a party has created hindrances for their collection or facts and evidence with regard to which it has refused to answer, given misleading or misrepresentative answers or has not appeared before the court to answer for them.
129. The court may ex-officio collect evidence as well as investigate those which have already been collected and presented.
When with regard to the ascertaining of a given circumstance a party designates more than one witness, the court has the right to hear only some of them. The other witnesses shall be heard only if those summoned have not proven the disputed issue.
130. When a given action has been proven with regard to its cause but insufficient data exists or has been presented with regard to its amount, the court may establish that amount itself or on the evidence of an expert witness.
131. If gathering of given evidence is questionable or represents proven difficulty, the court may rule that within a designated term it shall be collected after the expiry of which the hearing of the case shall continue outside its presence.
132. The legal norms in force in other states shall be proven by the party, relying on them, when they have not been known or brought to the knowledge of the court.
2. WITNESSES
133. (Amends. - Not., iss.90, 1961.) Witnesses' testimony is admissible unless they concern:
a) the verification of legal contracts, whose veracity by law is solely accepted in writing;
b) the contents of official documents;
c) (Amends. - State Gazette, iss.28, 1963 & iss.55, 1992) the ascertaining of circumstances, for the verification of which the law requires a written document as well as ascertaining the veracity of contracts regarding amounts exceeding 5,000 levs, unless concluded between spouses or relations in direct lineage up to the fourth tier, or by marriage up to the second tier included;
d) the satisfaction of financial debts attested in written form;
e) attesting written agreements in which the party seeking witness evidence has participated, as well as with regard to their alteration or abrogation;
f) the refutation of the contents of a private document presented by one of the parties.
With regard to the stipulations in Subparas c), d), e) and f) witness evidence is admissible only with the expressed agreement of the parties.
134. In cases where the court requires a written document, witness evidence is admissible, only where it has been proven that the document has been lost through no fault of the party.
Witness evidence is admissible also where the party is attempting to prove that the agreement expressed in the document is fictitious and then only if with regard to the case there are written evidence presented by the other party or attesting to its presentations before a state institution which make its protestations with regard to the fictitiousness of its consent probable. This limitation does not apply to third parties or successors, when the agreement is aimed against their interests,
135. No one has the right to refuse to give evidence unless they are:
a) directly related, a spouse, a brother or sister, or relatives by marriage up to the first tier;
b) persons who through their answers would cause to themselves or to their relatives as set out in "a" immediate damage, defament or criminal proceedings, and
c) persons who through their answers would reveal state secrets.
(New - Not., iss.90, 1961.) Witnesses to the case may not be confidants to the parties in the same case.
136. The evidence given by relatives, the guardian or the foster parent of the party who has summoned the party, the adopted parents and those adopted, those who are engaged in criminal or civil proceedings with the opposite party or its relatives, the legal representatives designated by their confidants, as well as all others who have a vested interest with regard to one of the parties, shall be reviewed by the court in the light of all other circumstances of the case bearing in mind the possibility of prejudice.
137. In case of serious illness, pending travel, or bearing in mind the special public and official status of the witness, the court may rule that the questioning of the latter be performed by a specially empowered member of the court even before the actual date of the hearing as well as outside the premises of the court. With regard to this type of questioning the parties shall be summoned.
138. Before hearing the witness the court takes down his or her particulars and reminds him or her as to the responsibility he bears before the law and the people in case of perjury.
The witness swears to tell the truth.
139. A party may forfeit the questioning of a witness designated by it, but the latter shall be questioned should the other party insist on this or if the court finds that his or her questioning is essential with regard to the ascertainment of the circumstances of the case.
140. Each witness is questioned separately in the presence of the parties who have appeared. Witnesses who have not given evidence may not be present when other witnesses are being questioned.
A witness may be additionally questioned during the same or other session, on his insistence, at the request of the party or on direction by the court.
141. In cases of discrepancies between the evidence presented by witnesses the court may direct that they may be questioned together. The same may be applied with regard to a witness or one of the parties.
3. WRITTEN EVIDENCE
142. The force of written evidence shall be determined with regard to the law in force at the time and place where they have been performed. The court judges the evidential force of a document on which there are crossings out, erasures, additional text entered between the lines and other defects in the light of the circumstances of the case.
143. An official document issued by an official within the framework of his duties and in the form and order established, represents evidence of presentations made before him and for actions performed by and before him. Officially registered copies or parts of official documents shall have the same evidential force as the originals.
144. Private documents signed by the parties who have issued them represent evidence of the presentations contained in them as regards those parties.
145. The private document shall have a date of relevance as to third parties as of the date when it was registered or as of the date of death or the occurrence of physical impossibility for a fixing a signature by the person undersigning, or as of the date when the contents of the document has been reproduced in an official document or, lastly - as of the date when the occurrence of some other fact in an unquestionable manner attests to the issuance of the document.
For the ascertainment of the date of receipts for payments made the court may allow all forms of evidence bearing in mind the circumstances of the case.
146. Entry on account books shall be construed by the court in the light of their regularity and the circumstances of the case. They may be used as evidence by the party or organisation who have kept those books.
147. Documents presented in a foreign language must be accompanied by an exact translation into the Bulgarian language. If the court is unable to investigate on its own the veracity of the translation, it summons an expert witness to do so.
148. Official documents and other certificates shall be presented personally by the parties. The court however may on its own require them of the respective institution or to arm the party with a court certificate on the basis of which it can acquire them. The institution shall issue the required documents or present reasons for its refusal to do so.
149. Press materials shall be presented by the parties but when the court through no considerable hardship may avail itself of them, it shall be sufficient that the party mentions where they have been published.
150. A document issued by an incompetent organ or not in the prescribed form, has the relevance of a private document if signed by the parties.
151. A private document issued by an illiterate must bear an imprint of his right thumb instead of a signature and must be undersigned by two witnesses. If the imprint of the right thumb may not be placed the document must designate the reason for this as well as the particular finger with which the imprint was made.
(New - State Gazette, iss.28, 1983.) A private document issued by a blind but literate person must be undersigned by two witnesses.
152. Each party may require of the other to present a document in its possession giving reasons for its significance to the dispute.
153. Each party may by written request addressed to a person not party to the case require the presentation of a document in the latter's possession.
A copy of the request shall be sent to a third party designating the time period for presentation of the document.
A third party who with no justification does not present the required document bears a part of the responsibility envisaged in Art.73, is liable for damages caused to the party.
154. An interested party may challenge the authenticity of a given document not later than the hearing at which it was presented. If the party was not present at the hearing the challenging may take place not later than the next court session.
The court rules that an investigation of the authenticity of the document be performed if the other party states that it wishes to avail itself of it.
The burden of proof as to the authenticity of a given document falls on the party challenging it. When the authenticity of a private document has been challenged which bears the signature of the party which challenges it, the burden of proof as to the authenticity of the document falls on the party which has presented it.
155. The court carries out its investigation through comparison with other unchallenged documents, and through questioning of witnesses or expert-witnesses.
156. After the investigation the court makes a pronouncement as to whether the challenge has been proven or that the document is false. In the latter case its strikes the document from the body of evidence and at the same time sends it to the prosecutor with its motives and grounds.
The court may pronounce itself as to the dispute of the document by its final decision on the case.
4. EXPERT WITNESSES
157. (Para.1 app. - State Gazette, iss.28, 1983.) An expert-witness is appointed when with regard to the clarification of certain circumstances of the case special knowledge in the field of science, art, crafts, etc., which the court does not possess are necessary. The conclusions are signed by the expert-witness and must be presented with regard to the case at least five days before the court session.
In cases of great complexity of the subject of investigation the court may appoint three expert-witnesses.
The court is not obligated to adopt the conclusions of the expert-witnesses but shall examine them together with the other evidence of the case.
157a (New - State Gazette, iss.89, 1976.) The court appoints expert-witnesses from among specialists designated by the respective state institutions, enterprise, economic entity, public or scientific organisation.
A copy of the direction for the appointment of expert-witnesses is sent to the head of the state institution, economic, public or scientific organisation who is responsible for securing the conditions for carrying out the expertise.
When it is impossible to appoint expert-witnesses in connection with Sec.1 the court appoints as expert-witnesses other persons.
157b (New - State Gazette, iss.89, 1976.) The directive by which the appointment of an expert-witness is made shall contain: the subject and purpose of the expertise; the materials presented to the expert; the name, education, specialty, place of work and position of the expert.
158. As expert-witnesses may not be appointed direct relatives of the parties, spouses, relatives in indirect lineage up to the fourth tier including by marriage to the first tier, as well as persons with a vested interest in the resolution of the case.
(New - State Gazette, iss.89, 1976.) Each one of the parties may request the removal of the expert-witness should anyone of the circumstances mentioned above be present.
159. An expert-witness appointed is relieved of the duties imposed on it, when through illness or incompetence it is unable to perform it. It may refuse in all cases relevant to refusal to bear witness.
160. After taking down the particulars of the expert-witness, the court reminds them of their responsibility before the law and the people with regard the presentation of false or prejudiced conclusions.
The experts swear that they will present their conclusions without any prejudice.
161. In case of divergence between the experts each group presents its own opinion. When the court cannot adopt a viewpoint as to the divergences it directs the same persons to carry out additional investigations or appoints new expert-witnesses.
5. INSPECTION AND CERTIFICATION
162. The court may on the request of the parties or on its own initiative direct an inspection of real and movable property or the certification of persons with or without the participation of expert-witnesses.
163. Inspection and certification is allowed not only with regard to the investigation of other evidence, but as evidence in themselves. They are performed by the full composition of the court, a specially empowered member of the court or another court to which this has been delegated.
164. With regard to the certification of the persons the court shall proceed in such manner as not to compromise the personal integrity of those being certified. With regard to the above-mentioned a judge may not participate in person at the certification, instructing the proper experts to do so.
6. SECURING OF EVIDENCE
165. When there exists a danger that a particular piece of evidence may be lost or its gathering made difficult, the party may request that that particular evidence be collected beforehand.
166. The request for the securing of evidence shall be presented before the court which is to hear the case or if the case has not yet been instigated - before the regional court of residence of the person to be questioned, or that lex-citus of the property with regard to which the inspection is to be carried out.
A copy of the request for securing is handed to the other party.
The resolution of the court by which the request is repealed is liable to appeal by a private grievance.
167. The court may collect within the same action evidence designated by the other party if they are directly related to those of the requesting party.
168. When the requesting party is unable to point out the name or address of the other party the court appoints a representative of the latter.
169. With regard to the manner for collecting evidence and their force the general rules shall apply.
170. Costs for the collection of evidence are not awarded to the party in the process of their collection. They shall be taken into account later in connection with the resolution of the case.
XIV. JOINING OF PARTIES
171. An action may be addressed by several plaintiffs or against several respondents if the subject matter of the dispute are:
a) their joint rights or obligations, or
b) rights and obligations resting on a common justification.
172. Each one of the joint parties acts independently. Its procedural actions or inactions neither benefit nor hinder the remaining ones.
When with regard to the essence of the disputed legal right or by prescription of the law, the court's decision shall be the same with regard to all joint parties (legal joining), the actions performed by any one of them shall have significance with regard to the parties who have not appeared or have not performed such actions. In such cases, however, for the conclusion of an agreement or for the withdrawal of an action the consent of all joined parties is needed.
173. If the factual presentations of the joint parties with regard to the same facts cotravene, the court revuse them in connection with all circumstances to the case.
XV. THIRD PARTIES
174. A third party may enter the case before the conclusion of the oral presentations, in order to help one of the parties if it has an interest that the decision rules in the latter's favour.
175. Each party may include a third party in the case, when such person has the right to enter proceeding in order to help. The inclusion may be requested not later than the first hearing in written form a copy of which request is handed to the third party. It is up to the third party to decide whether to enter or not enter the proceedings.
A party which has a counter claim against the third party may stake it for joint review with the question before the court not later than the first session.
176. With regard to the inclusion of the third party the court presents a pronouncement. The pronouncement refusing the inclusion of the third party may be appealed by a private grievance.
Inclusion is not allowed if the third party is of unknown place of residence or lives abroad.
177. The third party has the right to perform all procedural actions apart from actions representing dealings with the subject matter of the dispute.
In case of discrepancy between the actions and the explanations of the party and the third party the court reviews them in the light of all circumstances in the case.
178. With the agreement of both parties the person entering or being included in the case may substitute or relieve the party which it is facilitating.
179. The judgement entered has constitutive force as regards relations between the third party and the opposing party.
That which the court has established in its motives to the decision is obligatory with regard to the third party in its relations with the party which it is helping or which has included him, and it may not challenge them on the grounds that the party has conducted the case poorly, unless the latter intentionally or due to grave negligence has failed to present evidence and circumstances not known to the third party.
180. The respondent is relieved from participation in the case if he deposits the sum or object in connection with the directions of the court and includes the person which also stakes individual claims to them. In such cases the action continues solely as between the two creditors. If the person included does not enter the case proceedings are stopped and the sum or object deposited is handed over to the plaintiff.
181. The third party who has individual rights over the subject of the dispute may enter the case by staking a claim against both parties.
The presentation of a claim by a third party is admissible up to the conclusion of oral hearings before the court of first instance.
XVI. HALTING, REINSTATEMENT AND TERMINATION OF PROCEEDINGS
182. The court halts proceedings:
a) by mutual agreement of the parties;
b) in case of death of one of the parties;
c) when it becomes necessary to constitute guardianship or trusteeship over one of the parties;
d) when it or another court is reviewing a case, the decision of which has a bearing with regard to the rightful resolution of the action before it;
e) when in the course of hearing a civil case criminal circumstances are revealed, which have direct bearing with regard to the outcome of the civil dispute, and
f) in cases expressly provided for by the law.
Under the circumstances provided for in "a" if the prosecutor participates in the case along with one of the parties, his agreement is required for the halting. In the instances provided for in "b", "c", if the oral hearings have concluded proceedings are halted after the pronouncement of the court's decision concerning the action.
(New - Not., iss.90, 1961.) The halting of a case on the basis of mutual agreement of the parties shall be allowed only once within the course of proceedings before the same instance.
183. (Amends. - State Gazette, iss.28, 1983.) Proceedings shall be reinstated ex-officio or on the request of one of the parties, after defects with regard to its continuation have been remedied, or which the court in the cases of death of the plaintiff and those envisaged in "c" to "f" of the preceding Article, institutes the needed measures.
In the case of death of the respondent the plaintiff is obligated within a period of six months to designate his legal successors and addresses or to take up measures for the appointment of an executor of the unclaimed succession or for the summoning of the successors according to the procedure set out in Art.50. Failure to perform these obligations terminates proceedings.
With regard to reinstated proceedings they shall commence as of that point in time at which it was halted.
184. (Amends. - Not., iss.90, 1961.) Proceedings having been halted by mutual consent of the parties shall be terminated if within a period of six months neither one of the parties has requested its reinstatement.
In this case the decision in the case, if such has been declared is void.
In this case Art.119, Para.1, second sentence, shall apply.
185. The pronouncement by which a case is halted, terminated, or reinstatement is refused may be appealed by a private grievance.
XVII. DECISIONS IN CASES
1. PRONOUNCEMENT OF DECISIONS
186. When the court finds that the case has been fully elucidated it stops oral hearings and proceeds towards pronouncement of its decision.
187. The decision is pronounced after secret consultations in accordance to the majority vote of the judges who have participated in the session in which the hearings have ended.
No judge may abstain from voting.
A judge who is not in agreement with the opinion of the majority signs the decision setting out motives for his opinion.
188. The court reviews all evidence in the case and the stipulations of the parties on its own opinion.
It bases its decision on the circumstances accepted as proven by it and in accordance with the law.
The court shall take into consideration facts which have materialised after the institution of the action if they are relevant to the disputed legal right.
189. The decision shall contain:
a) the date and place of its pronouncement;
b) the court, the names of the judges and secretary and the prosecutor, when he has participated in the case, as well as those of the parties;
c) the case with regard to which it was pronounced;
d) the decision of the court;
e) to which of the parties costs are awarded;
f) is it liable to appeal, before which court and within what time limit;
g) (New - State Gazette, iss.28, 1983.) the full names of parties, as well as their place of residence, address, place of work, the Civil ID Number of the party against which the claim has been honoured.
To the decision the court attaches the motives upon which it was pronounced.
The decision is signed by all judges having taken part in its pronouncement. If any one of the judges is unable to sign it, the chairman or seniour judge enters upon the decision the reasons for this.
190. The decision along with the motives is pronounced by the chairman within the court session at which the hearing of the case has ended.
(Amends. - Not., iss.90, 1961.) In complicated cases the court may postpone the pronouncement of its decision for up to seven days. The date of pronouncement must be set by the end of review of the case.
191. At the time of pronouncement of the decision the court may postpone or delay its execution with regard to the material situation of the party or other circumstances.
Only in exceptional cases the court may decide this after pronouncement of its ruling. In such cases the court summons the parties and makes a pronouncement which may not be appealed.
(New, Para.3. - State Gazette, iss.28, 1983.) The court may postpone or delay execution of its ruling only once. It may not delay execution of a ruling for which such a delay is expressly provided for by the law.
192. After pronouncement of its decision on the case the court may not change or repeal it on its own.
It may ex-officio or upon the request of one of the parties correct obvious factual mistakes in the decision, and only after summoning the parties.
The ruling as to the correction may be appealed in accordance with the procedure for appealing the decision itself.
(New - Not., iss.90, 1961.) Within the time period for review under the overview procedure the court ex-officio or on the request of the parties may alter the pronounced decision in the part regarding costs. This resolution may be appealed by private grievance.
(New - Not., iss.90, 1961.) The court may invalidate a decision pronounced by it if before its entry into force the parties declare that they have reached agreement and request that the action be terminated.
193. (Amends. - Not., iss.90, 1961.) The party may request that the decision be supplemented if the court has not ruled with regard to its full claims. The request with regard to this may be made within a one month period as of the day of the session at which the decision was pronounced with the motives of the party which was present and with regard to a party which was not present at the time of pronouncement and in the cases envisaged under Art.190, Para.2, the time limit commences on the date of the notification that the decision and motives have been made.
The court reviews the request by summoning the parties and rules with a separate decision which is liable to appeal in accordance with the generally established rules.
194. Disputes as to the interpretation of a decision which has entered into force shall be reviewed by the court which has pronounced it.
Interpretation may not be requested when the decision has been executed.
The decision with regard to interpretation is liable to appeal in accordance to the rules by which the decision which is to be interpreted can be appealed.
2. PRONOUNCEMENT OF RULINGS
195. The court pronounces rulings with regard to matters not directly connected with the essence of the resolution of the dispute.
The rulings which do not terminate the case may be changed or overruled by the same court due to changes in circumstances, mistakes or oversights.
PART TWO
PROCEEDINGS BEFORE THE HIGHER COURT
XVIII. APPEAL OF DECISIONS
196. Decisions by the regional court may be appealed before the municipal court and the decisions of the municipal courts sitting as first instance - before the Supreme Court of the PRB if in both cases otherwise is not provided.
197. (Amends. - Not., iss.90, 1961.) The request is presented through the court which has made the decision within seven days of the date of the hearing in which the decision was pronounced along with the motives for the party which was present. For the party not present at the session as well as in the cases under Art.190, Para.2. the term for appeal as of the date of notification that the decision and the motives have been prepared.
198. The request shall contain:
a) the name and address of the party which presents it;
b) details as to the decision under appeal;
c) indications as to the subject matter of irregularity in the decision;
d) the subject matter of the request, and
e) the signature of the requesting party.
199. To the request shall be attached:
a) copies of it and its supplements in accordance with the number of persons which appear in the case as an opposite party;
b) power of attorney, when the request is being made by a legal representative, and
c) state fee if such is necessary.
If the request does not correspond to the requirements set out in the previous para as well as when it has not been signed, the party is sent notification to remedy the various defects within a period of seven days.
200. The request is not accepted:
a) if it was made after the prescribed term for appeal, and
b) when the defects stipulated in the previous article have not been remedied.
In such cases Art.100, Para. 3-5 shall be applied.
The ruling for non-acceptance may be appealed by private grievance.
201. After accepting the request the court sends a copy of it to the other party and the materials to the case alongside the request - to the Higher Court.
202. (Amends. - Not., iss.89, 1953.) If the parties have not been notified by the court of first instance as to the date of hearing of the case before the court of second instance, they shall be summoned: by the Municipal court - according to the rules valid for the courts of first instance and for the Supreme Court - by written summons.
203. At any one point in the case the party may withdraw in part or in whole the request made.
Preliminary refusal of the right of appeal is invalid.
204. Each one of the joint parties to the case may not later than the first session of the court of second instance acceed to the request presented by joint plaintiff or respondent. The accession shall take place through the service of a written request with a copy for the opposite party.
205. Only written evidence and confessions shall be admissible before the court of second instance. They shall be reviewed only with regard to the correctness of the decision under appeal.
(New - Not., iss.90, 1961, State Gazette, iss.28, 1983.) When the court of second instance reviews the case in substance it may collect fresh evidence. It may question again witnesses and experts only if it deems it necessary to hear them in person.
206. The court of second instance is not limited solely to reviewing the basis set out by the parties, but is obligated ex-officio to review in whole the correctness of the decision.
(New - Not., iss.90, 1961.) The court repeals the decision even as regards the part not under appeal, as well as with regard to persons who have not entered a request if the basis for its repeal concern that part or the persons who have not made a request.
207. The court of second instance repeals in whole or in part the decision under appeal:
a) when it contravenes the law;
b)(Amends. - Not., iss.90, 1961.) when during the course of hearings or at the pronouncement of the decision, serious breeches of court procedure have been made;
c) when the evidence gathered are incomplete, and
d) when the decision is unfounded.
208. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983.) The court of second instance reviews the request in open session, hears the parties and if the decision is liable to repeal, repeals it and pronounces a new decision with regard to the case.
If the grounds for repeal necessitate the collection of evidence, the court of second instance repeals the decision and pronounces a new decision with regard to the substance of the case after it collects evidence.
The court of second instance returns the case for a fresh review to the court of first instance if it repeals the decision on one of the following grounds:
a) the decision was pronounced or signed by a judge or member of a jury who has not participated in the review of the case or was liable to exclusion under Art. 12;
b) the right of the party to participate in proceedings was compromised;
c) a protocol of the session was not made out or there are no motives to the decision and in the absence of such it is impossible to review its correctness.
When the court of second instance returns the case for a fresh review the instructions give by it with regard the interpretation and application of the law are obligatory for the court, the special jurisdiction and the administrative organ to which the case has been returned.
209. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983.) If the case is liable to termination the court of second instance terminates it and at the same time annuls the decision. When the basis for termination is lack of legal grounds or jurisdiction with regard to the dispute the case is sent to the competent court or another organ.
When the decision is nought, the court of the second instance declares the nullity and if the case is not liable for termination returns it to the court of first instance for the pronouncement of a new decision.
The nullity of the decision may be challenged by objection by instigating of an action or in accordance with the procedure for overview without any limitations in time.
210. When the decision of the court of first instance has been repealed for a second time, the court of second instance does not return the case for a fresh review but resolves it in substance on its own.
(Sec.2, altered. - Not. iss.90, 1961.)
211. (Amends. - Not., iss.89, 1953, State Gazette, iss.28, 1983.) As far as no special rules exist with regard to proceedings before the court of review the same rules shall apply as those with regard to proceedings at the court of first instance.
212. (App. - State Gazette, iss.28, 1983.) The Supreme Court, petitioned by the Minister of Justice, the Chief Prosecutor, the Chairman of the Supreme Court, the chairmen of the municipal courts or the lawyers' councils through the Chairman of the Supreme Court in general session of the civil divisions with the participation of the prosecutor issues interpretive decisions with regard to disputed or diversely resolved questions with regard to the application of the law. These decisions are published and serve as guidelines to courts and special jurisdictions, as well as administrative organs whose acts are liable to judicial review.
XIX. APPEAL OF RULINGS
213. Against rulings of the court private grievances may be presented:
a) when the ruling precludes the further development of the action, and
b) in the cases expressly set out by law.
214. Private grievances shall be presented within seven days of pronouncement of the ruling. But if a ruling is being appealed which was pronounced in court session as regards the party present this term runs as of the date of the session.
With regard to private grievances the rules set out in Articles 198 - 200 shall be applied. To the grievance the court ex-officio attaches a copy of the ruling which is being appealed.
215. After accepting the grievance, the court sends a copy to the other party which within the term of three days of receiving it may make objections with regard to the petition.
After the expiry of this term the petition together with the supplements if such have been presented are sent to the Higher Court.
216. The private petition does not halt proceedings in the case, nor does the execution of the ruling appeal unless otherwise prescribed by law. The court of second instance may stop proceedings or the execution of the ruling appealed up to the resolution of the private petition.
217. Private petitions are reviewed in closed sessions. The court if it deems necessary may review the petition in open session.
If it repeals the ruling, the court of second instance resolves the issue connected to the petition on its own. It may if it deems it necessary collect evidence.
The pronounced ruling with regard to the private petition is obligatory with regard to the lower court.
In so far as there are no special rules in this para with regard to proceedings connected to private petitions the respective rules for appeal of decisions shall apply.
218. The above-mentioned stipulations shall apply respectively with regard private petitions against rulings by the Chairman or the regional judge.
XX. ENTRY INTO FORCE OF COURT DECISIONS
219. Into force shall enter decisions:
a) which are not liable to appeal;
b) against which a petition has not been presented within the term prescribed by law or when the petition has been withdrawn - in the latter case the decision enters into force as of the date of the ruling with which the case is terminated and
c) when the petition has not been honoured.
220. The decision which has entered into force is obligatory as regards the parties and their successors and legal successors for the court which has issued it and for all other courts and institutions in the Republic.
A decision pronounced with regard to actions regarding civil status including matrimonial actions has legal force with regard to everyone.
A decision which has entered into force may not be challenged by the party on the grounds that it was pronounced in fictitious proceedings.
221. The decision enters into force only with regard to the same parties, the same claim and on the same grounds.
The decision enters into force also with regard to the claims and objections for improvements and jointures resolved through it.
222. The decision which has entered into force of the criminal court is obligatory for the civil court before which the civil consequences of the action are reviewed, as concerns the performance of the action, its criminal nature and the guilt of the perpetrator.
223. When the case has been initiated by the prosecutor, the decision which has entered into force is obligatory for the party in whose interest the prosecutor has instigated proceedings as well.
224. A dispute resolved by decision which has entered into force may not be re-reviewed apart from the cases where the law expressly stipulates otherwise.
An action which has been instigated anew shall be ex-officio terminated by the court.
XXI. REVIEW AND REPEAL OF DECISIONS
WHICH HAVE ENTERED INTO FORCE
1. REVIEW BY OVERVIEW PROCEDURE
225. (Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987 & iss.31, 1990.) The proceedings for review under the overview procedure are instigated at the request of the parties through the organ whose decision is sought to be repealed. A copy of the request shall be handed to the opposite party which may answer within a fourteen day period.
The Chief Prosecutor may make requests for overview proceedings on his own initiative.
Review under the overview procedure is allowed in case of breeches stipulated in Art.207. "a", "b" and "d".
The request or suggestion for review under the overview procedure does not stop the execution of the decision, but the court on the request of the party may stop execution if there exists a real danger for causing irreparable damage.
A review under the overview procedure may not be requested when it is possible to request repeal under Art.231.
226. (Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987 & iss.31, 1990.) Request for review may be presented up to two months from the entry into force of the decision and a suggestion for review up to one year.
The terms stipulated in the previous para shall not apply as to decisions for ascertaining working years, accidents at work, professional illness and pension.
227. (Amends., State Gazette, iss.28, 1983 & iss.31, 1990.) The requests and suggestions are heard by a three-member bench of the Supreme Court and when the decision was pronounced by the Supreme Court - by a five-member bench.
The cases are heard in open court with summoning of the parties as well as notification to the Chief Prosecutor's office. Participation of the prosecutor is obligatory when in the court of first instance such participation is obligatory or where the prosecutor's office has made a suggestion for review in connection with the previous para.
Decisions under the previous paras are not liable for review under the overview procedure.
228. (Amends., State Gazette, iss.31, 1990.) With regard to the request for review and proceedings under this chapter the rules for proceedings before the court of second instance shall apply in so far as in this present chapter it is not stipulated differently.
229. (Amends., Not., iss.90, 1961, State Gazette, iss.28, 1983, iss.55, 1987.) When the Supreme Court repeals a decision by a regional or municipal court on the basis set out in Art.207 'a',b' and 'd' it resolves the case in connection with Art.208 - 210.
In cases of repeal of decisions on the basis of Art.207 'b', the Supreme Court may return for fresh investigation by another bench only where the gathering of additional evidence presents special difficulties. In all other cases it decides the case in substance.
In this connection shall apply Art.236 Sec.2.
230. (Amends., State Gazette, iss.55, 1987.) Review under the overview procedure shall not be allowed with regard to decisions for establishing divorce, annulment of marriage or where the marriage has been proclaimed as non-existent.
2. REPEAL OF A DECISION WHICH HAS ENTERED INTO FORCE
231. The interested party may request the appeal of a decision which has entered into force:
a) when new circumstances or new written evidence with great significance to the case are revealed, which at the time of the resolution of the case could not have been known to the party;
b) when in accordance with the set judicial procedure the falseness of witness evidence has been established as well as with regard to conclusions by experts, on the basis of which the decision was founded, or a criminal act by the party, its representative or member of the court connected to the resolving of the case;
c) when the decision is based on a document which in accordance to the set judicial procedure has been declared as falsified, or is based on the ruling of the court or other state institution which ultimately has been repealed;
d) when as between the same parties, the same claim and on the same grounds another decision which has entered into force has been proclaimed which is in conflict with it;
e) when the party due to a breech of the respective rules was prevented from the right to participate in the case or was not duly represented or when it was unable to appear in person or council due to a hindrance which he could overcome and
f) when the party was summoned according to the procedure in Art.16, Para.5, even though it had an established residence.
(Amends., State Gazette, iss.55, 1987.) Repeal of a decision establishing divorce, annulment of marriage or proclamation or non-existence of marriage shall not be allowed.
232. The request for repeal may be presented within one month of learning of the circumstance which forms the grounds for repeal of a decision and the cases of 'e' and 'f' of the previous article - as of the date on which the party or its representative have learnt of the decision. But in all cases the request may not be presented later than the expiry of one year of the grounds for repeal.
(New - Not., iss.90, 1961.) The request is presented through the court of first instance. To it shall be attached a copy which is handed to the opposite side. It may present an answer within seven days of receiving the copy.
233. (Para.1 amends. - Not., iss.90, 1961.) The Chief Prosecutor of the Republic and the Chairman of the Supreme Court may request repeal of decisions which have entered into force on the grounds set out in Art.231 up to three years as of the appearance of the grounds for repeal.
Repeal of the decision within the time limit set out in Art.232 may be sought by a person with regard to whom the decision is in force, eve though it was not a party to the case (Art.172, Para.2)
234. The request for repeal is reviewed by the Supreme Court in open session.
(Amends. - State Gazette, iss.28, 1983) If it finds the request grounded, the Supreme Court repeals the decision in whole or in part and returns the case for a fresh review in the respective court by a different bench, setting out expressly as of what point the new review of the case shall proceed.
(Amends. - Not., iss.90, 1961.) If the case is under Art.231 'd' the Supreme Court repeals the irregular decisions.
235. In the course of the further review of the case the decision in connection with which it has been repealed the general rules shall apply.
236. The presentation of a request for repeal does not stop the execution of the decision. The court however, on the insistence of the party may stop execution if there exists real danger for causing irreparable damages.
If the decision is repealed its execution is stopped. In the case where the new decision is different from the previous on the respective stipulations of Art.241, Para.3, second sentence shall apply.
PART THREE
PROCEDURE FOR ISSUING EXECUTIVE WRITS
XXII. ACTS LIABLE FOR PERFORMANCE
237. Compulsory performance shall be carried out:
a) (Amends., Not. iss.90, 1961, State Gazette, iss.60, 1988, & iss.93, 1993.) With regard to decisions which have entered into force and rulings of the courts, protocols of judicial agreements and decisions with regard to which preliminary execution has been allowed as well as the decisions of courts of arbitration and agreements signed before them with regard to arbitration cases;
b) decisions of foreign courts the execution of which has been sanctioned by the Bulgarian court;
c) (Amends., Not. iss.90, 1961.) documents and parts of accounts which attest to debts owed to banks, state institutions, enterprises, cooperatives, legal consultations and mutual aid funds of trade unions in enterprises and institutions, if the debt has not been satisfied after written notification within seven days;
d) the acts of administrative organs with regard to which execution is delegated to the civil court;
e) (App. - State Gazette, iss.31, 1989.) copies of orders, bills of exchange or other valuable papers as well as shares, papers for collection of interest on them as well as employee shares;
f) notary of fixed acts with regard to the obligations for payment of sums or other exchangeable goods contained in them as well as obligations for surrender of ownership over specified objects, and
g) other documents on the basis of which the law allows for the issuing of executive writs.
238. The court proclaims preliminary execution of the decision when it rules with regard to alimony or remuneration from work.
The court may allow upon the request of the plaintiff preliminary execution of its decision when:
a) it rules with regard to a debt based on an official document;
b) it honours claims accepted by the respondent, and
c) the delay in execution may result in considerable and irreparable damages to the plaintiff or the execution itself may become impossible or be considerably impeded.
In the instances envisaged in the preceding para the court may obligate the plaintiff to present sufficient guarantees.
239. Initial execution shall not be allowed even if backed by a guarantee if as a result of the execution the respondent may suffer irreparable damages or such damage which cannot be fiscally adjudged. This shall not apply with regard to alimony or remuneration for services performed.
Initial execution as against state institutions shall not be allowed.
240. The ruling with which initial execution is allowed or refused may be appealed by a private petition.
241. The debtor against whom initial execution has been allowed may in all case outside those under Art.238, Para.1 stop execution by presenting a guarantee for the claimant in accordance with articles 180 & 181 of the Obligations and Contracts Act.
Execution is stopped when the decision appeal has been repealed by the higher court.
If after that the claim has been repealed by a decision having entered into force, execution is stopped. In such cases the court which has published the decision issues an executive writ to the debtor against the claimant for the return of the sums and objects which have been received on the basis of the preliminary execution of the repealed decision which has been allowed.
XXIII. ISSUING OF AN EXECUTIVE WRIT
242. An executive writ shall be issued upon the written request of the claimant on the basis of one of the actions set out in Art.237. A copy of the request shall not be presented to the debtor.
(Amends. - Not., iss.90, 1961., State Gazette, iss.60, 1988 & iss.93, 1993.) The request shall be presented in the instances under Art.237 'a' and 'b' - to the court of first instance which has reviewed the case, and with regard to the courts of arbitration and the agreements reached before them in arbitration cases - before the Sofia City Court; in the cases of items c' and 'd' - before the regional court in whose region the document or ruling has been published; in the cases of items 'e' and 'g' - to the regional court of residence of the debtor or place of execution.
The request is reviewed in closed session. In the cases of items 'a' and 'b' of Art.237 the executive writ shall be issued on the ruling of the regional judge or the chairman of the court.
(New - Not., iss.90, 1961.) For sums awarded in favour of the state an executive writ is issued ex-officio.
243. With regard to this request the court investigates whether the act on the basis of which the issuance of an executive writ is sought is proper and whether it attests for the expected claim against the person at which expense the request of issuance is made. When in accordance with the act presented the fall of the claim is dependent upon the performance of a given obligation or the occurrence of some other fact, the performance of the obligation or the occurrence of the fact shall be attested to by an official document or one issued by the debtor.
For the issuing of the writ the court enters the necessary remarks upon the act.
244. The decision or ruling which honours or refuses in whole or in part the request for the issuing of an executive writ may be appealed within seven days. The term is deemed to run with regard to the petitioner as of the day of publishing the decision and for the debtor - as of the date of receipt of the summons for voluntary execution.
The request may be based solely on considerations stemming from acts envisaged in Art.237.
Appeal of the decision or the ruling by which the request has been honoured does not stop execution.
Review of the request is performed under the procedure in Art.217.
245. (Amends. - Not., iss.90, 1961.) In the decision or ruling for the issuance of an executive writ against a state enterprise, cooperative or other public organization, the court stipulates that the sum be paid to the account of the debtor in the Bulgarian National Bank, if the debt stems from working activities, apart from repairs and capital construction of agricultural cooperatives and to the account of the debtor in the Bulgarian Investment Bank, if the debt stems from construction activities of building organizations or capital constructions except those of agricultural cooperatives.
246. The executive writ is issued in one copy signed by the regional judge or the chairman of the municipal court.
247. When several properties have to be handed over or the ruling is made in favour of several persons, separate executive writs may be issued designating which part of the decision should be executed in respect to each writ.
248. If the original of the executive writ is lost or destroyed, the court which has issued it upon the written request of the petitioner, issues a copy of it on the basis of the act on the strength of which it had issued the original.
The request is reviewed in open session after a copy of it is presented to the debtor.
The debtor may counterclaim stating the absence of the circumstances under Art.1 as well as objections to the satisfaction of the debt.
The published decision may be appealed according to the general procedure. After it enters into force the debtor may not challenge the existence of the debt on such grounds as he was in a position to state with regard to the proceedings for the issuing of the copy.
If the act itself has been lost or destroyed and there exists no possibility for the reconstruction of its content through official documents, the petitioner may put forth a claim for the sentencing of the debtor.
249. In accordance with the procedure through which the executive writs issued by the courts are executed, the executive writs issued by the organs of the state arbitration shall be executed as well.
XXIV. CHALLENGING OF CLAIMS ENTERED ON EXECUTIVE WRITS
250. When the executive writ was issued on the basis of any one of the acts set out in Art.237 'c', 'd', 'e' and 'f', or on the basis of another non-judicial act prescribed by law, the debtor may within seven days of receipt of the summons for voluntary execution state objections supported by convincing written evidence that the sum adjudged is not owed, or within the same time period present sufficient guarantees to the creditor in accordance with Art.180 and 181 of the Obligations and Contracts Act.
In such cases the court stops execution.
The stipulation of the court with regard to request for stay of execution may be appealed within seven days of notification.
251. When several debtors are involved the guarantee envisaged in the preceding article avails only the person or persons for whom it has been presented.
When the objections concern only a portion of the adjudged sum, as well as when the guarantee presented is not equal to the full sum, the court stops execution only with regard to that portion of the sum.
252. When the court stops execution, the creditor must put forward a claim for the ascertainment of the debt within one month of the day on which the ruling for stay of execution has entered into force. In all other cases the executive writ issued is invalidated.
253. If the creditor has put forth a claim in accordance with the preceding article, the pending proceedings with regard to the appeal of the decision for issuing an executive writ shall be terminated ex-officio.
254. If the debtor does not raise objections within seven days in connection with Art.250 or his request for stay has not been honoured he may present his objections by court action.
255. The debtor may challenge through an action the execution and where it is based on acts other than the ones set out in Art.250, but where with regard to the act upon which an executive writ was issued a court decision, or one by the state arbitration, or a court agreement, or reconciliation before a tribunal has entered into force, the objections of the debtor may solely based on facts having occurred only after the issuing of these acts.
PART THREE
SPECIAL CLAIMS PROCEDURE
XXV. PROCEDURE IN MATRIMONIAL CASES
256. (Repealed - Not., iss.90, 1955.)
257. (Repealed - Not., iss.90, 1955.)
258. (Amends. - Not., iss.90, 1955, & State Gazette, iss.41, 1985.) According to the procedure provided for in the present chapter are reviewed claims for divorce, annulment of marriage and for establishing the existence or non-existence of marriage between the parties (matrimonial claims).
Persons who have not attained full majority or been placed under limited incapacity may put forward matrimonial claims and be respondents in them on their own.
259. (Amends. - Not., iss.90, 1955, & State Gazette, iss.41, 1985.) Proceedings in claims for divorce begin with a conciliatory session, in which the spouses are obliged to appear in person. In the case of non-appearance of the plaintiff without valid reasons proceedings are terminated. The non-appearance of the respondent does not hinder the review of the petition, but the court may rule that he or she appear in person.
The conciliatory hearing is held in closed session. The court shall hear the views of the parties, require explanations for the reasons on the basis of which the action for divorce is founded, and elucidate the unfavourable consequences of divorce to them with regard to the children and society and invite them to reconcile their differences.
A new conciliatory session is scheduled not earlier than two months thereafter when:
a) the court rules that the respondent appears in person;
b) the spouses or one of them desires to continue their efforts for reconciliation and repairing of the marriage;
c) the court feels that reconciliation is possible.
The court may summon to the conciliation hearing representatives of public organizations at the place of residence or work of the spouses and to require of them to help with the reconciliation.
In the case of reconciliation, should the parties so desire, the court informs the municipal people's council at the place of residence, the enterprise or institution in which they work, the leadership of public organization at their place of residence or employment in order that they may facilitate the resolution of certain social problems which are of significance with regard to the strengthening of the marriage.
Measures for reconciliation are not undertaken where due to incapacity, absence or other insurmountable reasons, conciliation between the parties cannot reasonably be expected to occur.
When reconciliation is not reached, the court schedules the hearing not earlier than four months as of the date of the last conciliation hearing. If it is convinced that postponing the hearings for such a period of time is detrimental to the children, the spouses and society, it may schedule the hearings for an earlier date.
259a (New - State Gazette, iss.23, 1968, amends., State Gazette, iss.28, 1983.) In the case of an action for divorce on mutual agreement the chairman of the court summons the spouses to a conciliatory hearing at which they have to appear in person.
If the spouses maintain their request the chairman of the court prepares a protocol with regard to this and presents the petition for review in court session, which may not be scheduled earlier than two months after the conciliation hearing.
In the case where one of the spouses does not appear in person with valid reasons to the conciliation hearing or the court session, the action shall be terminated.
259b (New - State Gazette, iss.23, 1968, amends., State Gazette, iss.28, 1983.) After it becomes convinced that the consent of the spouses to proceed with the divorce is serious and irrefutable and when it finds that the agreement under Art.101 of the Family Code does not contravene the law and is in the interest of the children the court allows the divorce and certifies the agreement by a decision.
259c.(New - State Gazette, iss.23, 1968.) The decision which allows the divorce on the grounds of mutual consent may not be appealed.
260. (Amends. - State Gazette, iss.23, 1968, & iss.41, 1985.) In the case of divorce the plaintiff must present all grounds for the deep and irreparable breakdown of the marriage. Circumstances not stated, which have occurred before the preclusion of oral hearings and which have become known to the spouse, may not serve as grounds for the institution of a fresh claim for divorce.
All matrimonial claims may compete amongst themselves. Along with them obligatorily are presented and reviewed claims for exercising parental rights, personal relations, financial support for the children, use of the family home, alimony and the family name. The matrimonial claims may be joined by claims regarding the property relations between the spouses.
The stipulations of the preceding para also apply with regard to the respondent as to claims which he might put forward.
Action may not be brought for annulment of marriage for reasons of breech of the stipulations as to age under Art.12 or for duress under Art.96, Para.1, Subsec.2 of the Family Code when the claim for divorce has not been honoured.
261. (Amends. - State Gazette, iss.41, 1985.) At the request of the parties the court before which the claim for divorce or annulment of marriage has been presented, sets out the temporary measures with regard to alimony and the family home, the use of the property accumulated in the course of the marriage as well as the care for the children and their support.
The above-mentioned ruling is not liable to appeal but it may be altered by the same court.
(New. - State Gazette, iss.41, 1985.) The husband may not put forward a claim for divorce without the consent of his wife when the latter is pregnant and up to attainment of the age of twelve months of the child.
(New. - Not., iss.89, 1953, amends, State Gazette, iss.28, 1983.) The proceedings in matrimonial claims are stopped at the request of the wife when the latter is pregnant and up to the attainment of the age of twelve months of the child.
262. (Repealed - State Gazette, iss. 41, 1985.)
263. (Repealed - Not., iss.89, 1953.)
264. (Repealed - State Gazette, iss.28, 1983)
265. The decision for divorce shall not enter into force even though it was appealed only in the part regarding guilt.
266. In the decision which allows the divorce the court at the request of the parties resolves the question as to the name which the spouses may bear in future.
267. (Amends. - State Gazette, iss.41, 1985.) When the spouse - plaintiff dies and the claim for divorce is bases on the guilt of the surviving spouse the court gives the successors a two-week period to declare whether they wish to continue the action; the same is valid with regard to annulment of marriage where the surviving spouse has not acted in good faith. If within the prescribed period none of the successors states that they wish to continue the action it is terminated. The action shall be terminated in cases where the claim for divorce was not based on the guilt of the surviving spouse or if the latter - in claims for annulment of marriage - had acted in good faith.
268. (Amends. - Not., iss 89, 1953, & State Gazette, iss.23, 1968.) In the case of death of the respondent the continuation of the action by his successors is possible only if the claim staked is in connection with Art.13 and 131, Sec.2 of FK and the plaintiff was the one who had acted in bad faith at the time of marriage.
269. (Repealed . - State Gazette, iss.23, 1968.)
270. Court costs in matrimonial cases are awarded against the guilty spouse or the one that had acted in bad faith. When there is no guilt or an act of bad faith or when both spouses were guilty or acted in bad faith costs remain to their detriment in manner in which they were incurred.
(New - State Gazette, iss.28, 1983.) In the case of non-acceptance of the claim for divorce costs are settled in accordance with Art.64. The same procedure applies with regard to costs in the case of appeals.
XXVI. PROCEEDINGS IN CASES REGARDING CIVIL STATUS
271. The rule stipulated in the present chapter shall apply to the review of claims for the establishing or dispute of origin, as well as claims for repeal of adoption.
(Amends. - Not., iss.90, 1955.) In such actions shall be applied respectively Art.258, Para.2 & 267 with regard to the continuation of the claim by the successors of the adopter as concerns its justification.
272. With the claim for establishing of fatherhood or motherhood may be joined by a claim for support of the child, but temporary support in these actions may not be awarded.
273. With the claim for repeal of an action may be joined a claim for compensation of the adopted, who has contributed to the enhancement of the property status of the adopter. Such actions may be put forward as a counter claim.
274. (Para.1, amends., Not., iss.50, 1961.) In cases of challenging of fatherhood the action is terminated with the death of the child.
Para.2 repealed - Not., iss.50, 1961.)
XXVII. PLACING UNDER LEGAL INCAPACITY
275. The placing of a given person under full or limited incapacity may be requested by petition of the spouse, close relatives, the prosecutor or anyone else who has a legal interest in this.
In such proceedings the participation of the prosecutor is mandatory.
(Para.3 app. - State Gazette, iss.28, 1983.) The person whose incapacity is sought through the action must be questioned in person and if need be is brought before the court. When the person is in a medical institution and his health does not permit him to be brought in person before the court, the court shall receive firsthand knowledge of his status.
If after questioning the court finds it necessary, it appoints a temporary guardian who is to look after the person's individual and proprietary interests.
276. (Amends. - State Gazette, iss.28, 1983.) The court rules with regard to the request after questioning the person whose incapacity is sought and his relatives. If that proves insufficient the court proceeds towards gathering additional evidence and the hearing of expert-witnesses.
If the person is at a medical institution the court requests of the management data with regard to his medical status.
After the entry into force of the decision with which a person is placed under full incapacity the court communicates this to the court of guardianship in order to constitute guardianship or trusteeship.
The plaintiff does not have the right to costs in proceedings for placing under legal incapacity. If the claim is not honoured, the plaintiff owes the respondent the costs he has incurred.
277. The proceedings for repeal of incapacity are the same as those for its acceptance.
(New. - State Gazette, iss.28, 1983.) The repeal of incapacity may be requested as well by the organ of guardianship or the guardian.
XXVIII. LEGAL PARTITION
278. A co-inheritor who seeks partition presents before the regional court a written request joined by:
a) a certificate of death of the testator and list of his successors;
b) a certificate or other written evidence of inherited properties and
c) a copy of the request and the other materials for the other co-inheritors.
(Amends. - Not., iss.90, 1961.) Each one of the remaining co-inheritors may during the first session on the case request by written petition for other properties to be included in the body of the inheritance.
279. During the first session each one of the co-inheritors may dispute the rights of the others to participate in the partition, against the proportion of his share, as well as against the inclusion of a given property in the body of the inheritance.
280. (Repealed. - Not., iss.90, 1961.)
281. (Amends. - Not., iss.90, 1961.) In proceedings for partition shall be reviewed disputes as to origin, adoption, wills and the authenticity of written evidence, as well as claims for reduction of testamentary stipulations and gifts.
282. (Amends., iss.28, 1983.) The decision which allows the partition shall contain the court pronouncement with regard to the persons and properties which it concerns as well as the share of each co-inheritor. Where partition of movables is allowed the court rules with regard to which of the co-inheritors sits the right of operation.
With the same decision or at a later time, if all inheritors do not use the inherited properties in accordance with their rights, the court at the request of one of them rules with regard to which inheritors shall have use of which properties up to the final performance of the partition and as to what sums they have to pay to the others in return for the use.
The ruling in connection with the preceding para may be altered by the same court. It may be appealed by private petition.
283. When in the body of the inheritance there are properties which the testator owned jointly with third parties, these properties shall be excluded from the body to be partitioned, if between the inheritors on one side and the third party on the other, partition has not been implemented before the preparation of the protocol for partition.
284. (Repealed - Not., iss.90, 1961.)
285. (Repealed - Not., iss.90, 1961.)
286. In the first session after allowing partition the co-inheritors may present claims for payments between them stating at the same time their evidence.
(Para.2, repealed - Not., iss.90, 1961.)
287. The court prepares the partition protocol on the basis of the conclusions of an expert witness in keeping with the regulations set in the Inheritance Act.
(New - State Gazette, iss.28, 1983.) When subject of partition is a building for which the regulation and construction plan provides for the possibility to be raised or enlarged, the right to build or enlarge for each separate home, studio, or garage is accepted as a separate object and may be set out as a separate share or used to equalize shares. The right to enlarge or increase is constituted with an act of the court according to Art.288, 291 & 292.
288. (Amends. - Not., iss.90, 1961, State Gazette, iss.28, 1983, & iss.31, 1990.) When a given property cannot be partitioned and may not be placed in any one share the court rules that it may be offered for public share.
If the property which cannot be partitioned is a home or apartment and one of the co-inheritors and his spouse doe not have their own home, the court at the request of the co-inheritor places that property in his share, at the same time balancing out the shares of the remaining co-inheritors with other properties. If such equalising is impossible it rules that the inheritor pay to the other co-inheritors parts equal to the value of the property. When a home or apartment which cannot be partitioned and which was matrimonial property, terminated by the death of one of the spouse, it is placed in the share of the surviving spouse, if he does not own the home, unless in case where his share is insignificant.
If several of the co-inheritors and their spouses do not own homes that one having the greatest need is to be preferred.
For takings in accordance with para.2 the interested parties may contract a legal mortgage.
The request under Sec.2 may be made not later than the first session after the decision allowing particion under Art.282, Para.1. The property is evaluated according to its real value.
The sums under Sec.2 must be paid within one year of entry into force of the decision with regard to equal monthly payments. The court by way of exception may postpone the payment of this sum for two years if there are valid reasons for this as well as when the debtor is related in ascent to the creditor respectively testator, or is the surviving spouse and the home prescribed was part of the matrimonial co-property. When payments are delayed for two years the sums shall be paid in the following manner: 20% within three months of entry into force of the decision for a judgement, 20% over the next three months and 10% each following three months. Failure to pay on time one of the deposits under Para.6 annuls the decision for a judgement at the request of the interested party.
(Amended: SG 44/1996) When the adjudged home surpasses the needs of the co-inheritor, determined in accordance with The State Property Act and may satisfy the needs of another co-inheritor who is living in it and has no other home or habitable property, the court after weighing up the possibilities for co-habitation, as well as other circumstances may on the request of that co-owner institute the right over a defined part of the home for a given period or for life. This right may be instituted only in favour of an ascendant relation of the co-inheritor to whom the home was adjudged, to ascendant of the testator, as well as to the surviving spouse. The value of the right of use shall be paid in monthly installments, the amount of which shall be threefold the rental price determined under the established procedure for state-owned housing.
The right of use may be terminated by judicial procedure when the need of the user has ceased to exist or in case of failure to pay three monthly installments for it.
289. After presentation of the draft of the partition protocol the court summons the parties in order to present them with it and to hear their objections with regard to it. Following that the court prepares and declares the final partition protocol.
290. The decisions under Art.286, 288 & 289 are liable to appeal through a general petition within the term for appeal of the latest decision.
291. After the decision with regard to the partition protocol enters into force the court summons the parties to take up lots.
292. (Amends. - Not., iss.90, 1961.) The court may perform the partition by allotting the inherited properties between the co-inherited, without the drawing of lots, when the forming of shares or the drawing of lots is impossible or extremely difficult.
293. When the property is put out to public sale for reasons that it cannot be partitioned, the rules regarding the public sale of realty shall be observed.
In such case if the property is not handed over to a buyer and none of the co-inheritors wishes to take it at a price 80% of the initial one, a second sale at a 20% reduction of the price is scheduled. If even at that sale the property is not handed over to a buyer and none of the co-inheritors whishes to take it at a price 80% of the new reduced price a new sale may be scheduled not earlier than six months. At this new sale a fresh evaluation of the property may be requested.
293a (New - State Gazette, ed.28, 1983.) The parties pay costs in proportion to their shares. In cases of joint claims in the partition proceedings costs are determined in accordance with Art.64.
XXIX. PROTECTION AND RESTITUTION OF BREACHED POSSESSION
294. The claims for protection and restitution of breached possession (Art.75 & 76 LP) fall under the jurisdiction of the regional court.
In these cases the court investigates only the fact of possession and breach.
295. The person who has put forth the claim for ownership of realty, cannot institute a claim for possession against the same respondent and with regard to the same property, which the action for ownership is still pending.
296. (State Gazette, iss.28, 1983.) When the possession or holding was terminated by force or secret means (Art.76 LP) the court may levy a fine to the perpetrator of up to 100 levs. The decision with regard the handing over of the property is liable to preliminary execution and may not be stopped.
XXX. PROCEEDINGS WITH REGARD
TO THE SIGNING OF A FORMAL CONTRACT
297. In claims under Art.19, Para.3 of the Obligations and Contracts Act, if in accordance with the preliminary contract the plaintiff has to fulfill an obligation at the time of signing of the final contract, the court pronounces a ruling which substitutes the final contract, when the plaintiff has already fulfilled his obligation. In this case the plaintiff must fulfill his obligation within two weeks of entry into force of the decision including payment of sums owed by the respondent to the state.
If within the specified time the plaintiff does not fulfill his obligation the court of first instance at the request of the respondent repeals the decision.
298. When the subject matter is the transfer of rights of ownership over property, the court investigates whether the preconditions for transfer of property by notary procedure are present, including the fact whether the transferor is the real owner of the property.
By a decision the court directs the plaintiff to pay the state the respective costs for transfer of the property and directs that these costs be entered as incapacity on the property.
The court does not issue a copy of the decision before the plaintiff proves that all costs for the transfer, taxes and other obligations of the transferor to the state and banks at his place of residence have been paid.
XXXI. PROCEEDINGS FOR DEFICIENCIES IN ACCOUNTS
299. (Para.1, amended SG No. 12/1996) The acts for deficiency of accounts, set out pursuant to the State Financial Control Act in the cases where no crime has been committed shall be sent by the respective institution performing the inspection to the regional court at the place of residence of the respective institution, enterprise or organization which has suffered damages.
When the act for account deficiency was composed in the course of financial inspection in the institutions for whose needs special courts have been set up, the acts of inspection shall be sent to these courts which hold proceedings with regard to the stipulations of the present Code.
(New - Not., iss.90, 1958.) The act for account deficiency and the letter with which it is sent to the court operate as a claim of action.
(New - Not., iss.90, 1958.) The letter shall contain:
a) the court to which it is being sent;
b) the name and address of the plaintiff - institution, enterprise or organization which has suffered damage;
c) the name and address of the respondent;
d) the volume of the obligation;
e) the evidence.
300. (Amends. - Not., iss.90, 1958, & State Gazette, iss.28, 1983.) The person charged with account deficiency is notified by the court that the action has been brought before it, which sets out the amount of designated damages and gives him two weeks to state objections and to present evidence.
With regard to allowing of evidence the court rules in closed session.
After the expiry of the time for objections the case is scheduled for review in open court with summoning of the parties, witnesses and expert witnesses.
With regard to the case shall be summoned as plaintiffs the institution, enterprise or cooperative which sustain damages, and when management personnel is involved, the higher institution. If party to the case is an agroindustrial complex or workers' cooperative enterprise, the respective agroindustrial union shall be summoned.
As party to the case shall be summoned the Ministry of Finance.
301. (Para.1 repealed; previous Para.2 - Not., iss.90, 1958.) The factual statements in the act for account deficiency are deemed true up to proof of the opposite.
(Previous Para.3 - Not., iss.90, 1958.) The decision in the case may be appealed according to the general rules.
(New - Not., iss.90, 1958.) If the appeal decision is revoked, the court of second instance does not return the case for fresh review but decides it in substance.
302. On the request of the organs of internal financial control the notary imposes an incapacity, and the court executive - a distraint for securing the sum of the breach. Such securing may be requested even before the arrival of the inspection act at the court.
Proceedings in such cases as well as the execution of decisions with regard to them shall be free of charge. The parties only pay expenses for witnesses and expert witnesses.
(Amends. - Not., iss.90, 1958.) With regard to the sum mentioned in the decision the court rules that interest be paid.
With regard to decision for account DEFICIENCIES which have entered into force the court issues an official executive writ.
XXXII. RECOGNITION AND ADMISSION FOR EXECUTION OF DECISIONS OF FOREIGN COURTS
303. (Amends. - State Gazette, iss.28, 1983.) The decisions of foreign courts are recognized and shall be executed in the Republic when between the Bulgarian and respective foreign state there is an agreement as to it, and on the basis of mutuality:
The states with regard to which mutuality exists are determined by the Minister of Justice.
When in the agreements themselves the rules for recognition and execution of decisions are not defined, the stipulation of the present chapter shall be applied.
(New - State Gazette, iss.41, 1985.) Decisions in matrimonial actions of a foreign court, regarding Bulgarian citizens, shall be recognized even in the absence of the conditions of Para.1, if at the time of institution of the claim the respondent was resident in the country where the decision was published.
304. (Amends. - State Gazette, iss.28, 1983.) The request for recognition or for admission of execution of a decision under Art.303 is presented before the Sofia City Court.
305. The request shall be accompanied by:
a) copy of the decision notarized by the court which has pronounced it and the certificate from the same court that it has entered into force. These documents should be stamped at the Ministry of Foreign Affairs of the Republic;
b) all documents needed under Art.99.
Court costs are determined according to the rules contained in Art.55.
306. (Amends. - State Gazette, iss.28, 1983.) The court in reviewing the case does not go into the subject matter of the dispute which has been resolved by the foreign court, but only investigates whether the decision presented does not contain rulings contrary to the laws of the People's Republic or the rules of socialist co-habitation.
The debtor may counterclaim for lack of conditions for admitting execution and may raise objection for satisfaction of the debt after the pronouncement of the decision.
The decision of the court which honours or repeals the request, may be appealed in the generally established order.
After entry of the decision into force the debtor may not dispute the existence of the debt on grounds which he may have raised in accordance with Para.2.
307. The decision of the foreign court is not recognized in the Republic and shall not be admitted for execution if:
a) with it course is given to an action for the right of overproportion or other proprietary right over realty in the Republic;
b) in accordance with the rules set out by Bulgarian legislation the dispute could not have been within the jurisdiction in the state in which the decision was published or could have been within the jurisdiction of that court only on the basis of Art.88;
c) the respondent, Bulgarian citizen, could not have participated in the case and evidence was not presented that at least one summons for his appearance was served;
d) between the same parties for the same claim and on the same grounds there is a decision which has entered into force pronounced by a Bulgarian court or if between the same parties, with regard to the same claim and on the same grounds there are pending proceedings before a Bulgarian court instigated before the date when the decision of the foreign court has entered into force, and
e) if the decision is null according to the laws of the country in which it was pronounced.