Чернов Сергей Витальевич
Москва, ул. 7-ая Парковая, д. 24 офис 413
метро Щелковская и Первомайская
Гражданско-процессуальный кодекс Болгарии часть 2.
Code of civil procedure book 2.
PART FOUR
SAFEGUARDING PROCEEDINGS
XXXIII. ADMISSION OF SAFEGUARDING
308. At all times in the course of the case up to the entry of the decision into force the plaintiff may request of the court before which it is pending to allow safeguarding of the claim. Safeguarding may be allowed also by the court of second instance when the case is pending before it.
Safeguarding is admissible in all types of claims.
309. Safeguarding may be requested before the presentation of the claim from the regional judge by residence of the plaintiff or lex-citus of the property which shall serve as a guarantee. In such cases the judge determines the time within which the claim shall be presented. If the claim is not presented within the specified time the regional judge revokes the safeguarding.
310. Safeguarding of the claim is admissible when without it the plaintiff will face impossibility or will be greatly hindered in implementing the rights in accordance with the decision and then only:
a) if the claim is supported by written evidence;
b) a guarantee is presented to an amount specified by the court in accordance with Art.180 & 181 of the Obligations and Contracts Act.
The court may require of the plaintiff to present a money or property guarantee to an amount specified by it even in the case of 'a'.
State institutions are relieved from presenting guarantees.
Safeguarding of the claim is admissible when the case is stopped.
311. With regard to support safeguarding is admissible even without the observance of the stipulations of the preceding article. In such cases the court may ex-officio take measures to safeguard the claim.
312. Safeguarding of the claim for money debts in accordance with Art.316 'a' and 'b' is not admissible against state institutions and state enterprises with the exception of claims against state enterprises stemming from credit operations of the banks.
313. The court may allow safeguarding of the claim for its full value or only with regard to those parts which it deems sufficiently supported by evidence.
314. In the request for safeguarding the value of the claim and the safeguarding measure should be set out. The opposite party is not given a copy of the request.
The request is reviewed in closed session on the day of its deposition.
315. The ruling of the court for safeguarding of the claim may be appealed by private petition within a time limit, which for the petitioner runs as of the date of the court pronouncement, and for the respondent as of the date when he was presented with notification by the court executive, a notary or the court in the instances in Art.316 'c'.
The ruling admitting safeguarding of the claim may not be stopped because it is being appealed by a private petition.
XXXIV. SAFEGUARDING MEASURES
316. Safeguarding is performed:
a) by placing an incapacity over real property;
b) by estoppo on movable property and debts owed to the debtor, and
c) other appropriate means designated by the court including stopping of the execution.
The court may allow several forms of safeguarding to a total value equal to the amount of the claim.
Distrainment for money debts may not be levied over properties set out in Art.339 (apart from the instances in Art.340) and 402 as well as against employment remuneration above the volumes set out in Art.341.
317. The court may on the request of one of the parties, after informing the other party and taking account of its objection, allow the substitution of fall of safeguarding with another.
In safeguarding a claim which may be evaluated in money the respondent may at all times replace without the consent of the other party the safeguarding admitted by the court by a deposition of money or bonds in accordance with Art.180, 181 of the Obligations and Contracts Act. This does not relate to the safeguarding of claims for ownership.
In such cases distrainment is revoked.
318. If the claim is based on a contract setting out the property which is to serve as guarantee, safeguarding is levied only against that property unless it no longer exists or in the meantime has been burdened with other obligations, which make the guarantee insufficient.
319. Distrainment is performed by the court executive at the request of the plaintiff and on the basis of a court order according to Art.343, Para.1, 344-Para 1 & 2, 390 and 398, where the respondent receives instead of a summons notification for voluntary execution. In the case of distrainment against movable objects the court executive makes a protocol, valuation and transfers the object for safekeeping in accordance with Art.360 - 366.
Distrainment is implemented by entry on the court order by the respective notary according to the procedure for entries. With regard to the entry the notary informs the respondent.
320. The distrainment for safeguarding of the claim operates according to the stipulations of Art 345 - 347, 354 -para.1, 391, 392 & 395 - 397. The guaranteed creditor may institute against a third debtor claim for sums or objects which it refuses to hand over voluntarily. In such cases Art.332,Para.2 and 336 shall be applied.
321. The revocation of the safeguarding is pronounced at the request of the interested party, a copy of which is handed to the person whose claim is guaranteed. The latter may enter objections within three days of receiving the copy.
The court in closed session revokes the safeguarding, when it is satisfied that the reason for which the safeguarding was allowed no longer exists or that the conditions stipulated in Art.317, para.2, are present. The ruling of the court may be appealed by private petition.
The lifting of the distrainment, the striking of the incapacity, as well as the revocation of other safeguarding measures take place on the basis of a ruling of a court which has entered into force.
322. If the claim with regard to which safeguarding was allowed has been revoked or has not been presented by the plaintiff within the specified time, or if the case is terminated, the respondent may require that the plaintiff compensate damages suffered as a result of the safeguarding.
In such cases in order that the guarantee be released, the interested party must present a petition with a copy for the opposite party. Within seven days of service of the petition the respondent may raise objections against the release of the guarantee and within one month to
put forward a claim for damages. If within these terms the respondent does not present objections or does instigate action the guarantee is released.
PART FIVE
EXECUTIVE PROCEEDINGS
SECTION I
GENERAL PROVISIONS
XXXV. INITIATION, STOPPAGE AND TERMINATION OF EXECUTION
323. (App. - Not., iss.90, 1961.) The court executive proceeds towards execution at the request of the interested party and on the basis of an executive writ or other act liable to execution.
(Para.2 repealed - State Gazette, iss.38, 1989.)
(Previous Para.2 - State Gazette, iss.1, 1963.) In his request the petitioner shall point out the manner of performance. He may simultaneously set out several modes. The latter may in the course of proceedings point out other properties of the debtor for satisfaction of the debt.
(Previous para.3 - State Gazette, iss.1, 1963.) With regard to this request the stipulations of Art.100 shall apply.
324. The requests for execution are presented to the court executive in whose region are to be found:
a) the movable and immovable properties against which performance is aimed;
b) the residence of the third debtor party, when performance is aimed at debts owed to the respondent;
c) the place of performance of obligations of actions or inactions, when the performance of such is the subject matter;
d) (New - Not., iss.90, 1961, amends. - State Gazette, iss.1, 1963.) The place of residence of the petitioner or debtor, at the discretion of the petitioner when awarded alimony is the subject matter.
The petitioner may request of the court executive at his place of residence the levying of distraints against objects and debts of the debtor, even though with regard to the above-mentioned executive actions they are to be performed by another court executive. After the levying of distraints the court executive transmits the executive action to the respective court executive.
325. When proceeding towards execution the court executive shall send the debtor a summons inviting him within seven days to voluntary performance.
The summons shall contain mention of the executive writ, the name and address of the petitioner and a warning to the debtor that if within the given term the latter does not perform his obligation the former will proceed with compulsory execution.
If the debtor should die after taking receipt of the summons for voluntary performance, but before implementing other executive actions, the court executive, before proceeding, must send to the successor a new summons for voluntary performance.
When the court executive proceeds from one mode of performance to another he notifies the debtor as to this.
326. (Para.1 amends. - Not., iss.90, 1961.) The successors or legal successors of the petition, as well as the guarantor and the co-debtor, who have satisfied the debt may request performance on the basis of the executive writ issued to the petitioner. Succession, respective payment by a guarantor or co-debtor is proved by a written evidence.
The executive writ issued against the testator may be performed against the property of his successors, unless they prove that they have refused inheritance and have received it by listing. When the successor has not accepted the inheritance the court executive determines the time limit under Art.51 of the Inheritance Act and communicates the presentation of the successor to the respective regional judge so that it may be properly entered.
The executive writ against the debtor has force against a third party who has given his object or mortgage for securing of the debt, when the petitioner aims performance against that object.
327. If the place of residence of the debtor is unknown the regional court by place of performance, at the request of the court executive after satisfying himself officially as to it appoints a representative of the debtor.
328. The court executive, if necessary for the performance, may order that buildings of the debtor be opened, may search his properties, home and other premises.
When necessary the court executive may seek the assistance of the organs of the people's militia or the local people's council.
329. Executive proceedings are stopped:
a) by order of the court;
b) at the request of the petitioner;
c) in the cases in Art.182 'b' and 'c' with the exception of the sale of real property for which notice had already been given, and
d) in other instances provided by law.
330. The executive proceedings are terminated:
a) when the debtor presents a receipt from the petitioner duly attested, that the sum in the executive writ has been paid, or a document from the post, or letter from the bank which attests for the fact that the sum has been transmitted to the petitioner. If the debtor presents a receipt with an unattested signature of the petitioner, the latter in case of dispute shall declare in writing that he has nor issued it; otherwise it is deemed authentic;
b) when the petitioner has requested this in writing;
c) when the executive writ has been revoked;
d) when with a judicial act which has entered into force, has been repealed the act on the basis of which the executive writ was issued or the same act has been declared as falsified;
e) (Amends. - State Gazette, iss.1, 1963.) when the petitioner does not request the performance of the executive actions in the course of two years, with the exception of cases in favour of socialist organizations and alimony, and when he declares in writing that the debtor is making payments against his obligations, and
f) when a court decision which has entered intor force is presented with which the claim under Art.254, 255 & 336, has been honoured.
In all these instances the court executive lifts the officially imposed distraints after the ruling for termination enters into force.
The termination of proceedings does not prejudice the rights acquired by third parties before that on the basis of the executive actions as well as the regularity of the payment performed by a third party debtor to the court executive.
331. The court executive with regard to all actions undertaken by him shall make a protocol setting out the date and place where it was performed, the requests and stipulations made by the parties, the sums collected and costs incurred.
331a.(New - State Gazette, iss.1, 1963.) The sums deposited with regard to executive cases for payment of obligations, after becoming due are paid or transmitted on the order of the court executive.
When the address of the petitioner is unknown the sums are kept in the State Savings Bank to the account of the court executive.
XXXVI. DEFENCE AGAINST PERFORMANCE
1. APPEAL AGAINST THE ACTIONS OF THE COURT EXECUTIVE
332. The parties to the performance may put forward petitions against the wrongful actions of the court executive and against the refusal of the latter to perform a given executive action.
(App. - Not., iss.90, 1961.) Third parties may appeal the actions of the court executive only when the latter has aimed performance against objects which at the date of distraint, incapacity or transfer, if movables are concerned, are in the possession of these persons. The petition shall not be honoured if it is proved that the object was the property of the debtor at the time of distraint.
Entry into possession of real property may be appealed only by that third party which was in possession of the property before the instigation of the action the decision to which is being executed. If the latter does not appeal within the prescribed time it may put forth a claim for possession.
333. Petitions are presented through the court executive to the regional court at the place of performance within seven days of the performance of the action if the party was present at the performance or was properly summoned and in all other cases - as of the date of notification. With regard third parties the term commences as of the time of learning of the action.
A copy of the petition is handed to the other party, and when the petition is presented by a third party, copies of it are handed to the debtor and petitioner on whose request the executive action was instituted.
A party which has received a copy of the petition may within three days service written objections. After the expiry of this term the court executive sends the petition together with the objections if such are present to the regional judge giving written explanations as to the actions appealed.
With regard to these petitions the stipulations of Art.198 - 200 shall be applied.
334. (Para.1 app. - Not, iss.90, 1961.) Petitions presented by the parties are reviewed in closed session unless witness and expert witness evidence have to be heard.
Petitions presented by third parties are reviewed in open court by summoning the requestor, the debtor and the petitioner at whose request the executive action has been instituted.
The court reviews the petition on the basis of data from the executive action and the evidence presented by the parties.
335. The presentation of petitions does not stop the acts of performance but the court may rule that they be stopped.
The decision of the regional judge with regard to these petitions cannot be appealed.
2. DEFENCE BY CLAIM OF ACTION
336. Each third party whose right has been breached by the execution may put forth a claim of action to establish that the property against which the performance of a money debt is aimed, is not the property of the debtor.
The claim of action is presented against the petitioner and the debtor. The petitioner is responsible under the stipulations of Art.45 of the Obligations and Contracts Act for damages caused to third parties due to performance against their own property.
SECTION II
PERFORMANCE OF FINANCIAL DEBTS
A. PERFORMANCE AGAINST PRIVATE PERSONS
XXXVII. GENERAL RULES
337. The claimant may aim performance against any one property of the debtor.
338. The debtor may stipulate that performance be aimed with regard to some other property or be performed through one of the modes of performance requested by the claimant. Should the court executive find the mode of execution suggested by the debtor as sufficient to satisfy the claimant the former aims performance with regard to the property designated by the debtor.
339. Performance may not be aimed at the following properties of the debtor:
a) objects of everyday use of the debtor and his family, the necessary food, means of heating, objects necessary for the exercise of craft or the necessary beasts of burden set out in a list affirmed by the Council of Ministers;
b) the lands of farmers up to the proportion of the median type of a private farm (Art.36 of the WPC Act);
c) the home of the debtor, if the latter and neither one of the members of his family living with him have another place of habitation, irrespective of the fact that the debtor resides in it. If the home or apartment surpasses the needs of the debtor or the members of his family, the part adjudged to exceed those needs should the conditions of Art.39, Para.2 of PA be present, shall be solved;
d) those objects and rights not liable to compulsory performance stipulated in other legal acts.
340. (Amends. - Not., iss.90, 1961.) The stipulations of 'b' and 'c' of the preceding article may not avail:
a) debtors with regard to objects under mortgage when the claimant is creditor of the mortgage;
b) debtors for obligations of support and alimony and for damages, for breaches and deficient accounts;
c) debtors in other cases provided for in other legal acts.
341. (Amends. - Not., iss.90, 1961, & State Gazette, iss.28, 1983.) If performance is aimed at employment remuneration or any other form of remuneration for labour, as well as a pension higher than the minimal set wage deductions may be made only when:
a) the respondent receives up to sixty levs per month - 1/5 part if without children and 1/6 if with children he supports;
b) if the respondent receives 60 to 100 levs - 1/4 if without children and 1/5 if with children he supports;
c) if the respondent receives 100 - 200 levs - 1/3 if without children and 1/4 if with children he supports;
d) if the respondent receives more that 200 levs - 1/2 if without children and 1/3 if with children he supports, and for sums over 300 levs - 1/2 in all cases.
The monthly employment remuneration in accordance with the previous para shall be determined after deduction of all taxes.
The limitations set out above shall not be relevant with regard to obligations for support. In such cases the awarded sum for support is deducted in whole and the deductions in connection with para 1 for other obligations of the respondent and his obligation for support in the past shall be made with regard to the remainder of his full incomes.
For remunerations received from agricultural cooperatives the monthly amount is determined by dividing by 12 the income received over the previous year.
With regard to claims for support compulsory performance shall not be allowed. With regard to grants compulsory performance is allowed only for reasons of support or alimony.
342. All refusal of the protection of Art.339 and 341 shall be deemed null.
343. With regard to the execution which is aimed at movable or real property, on the summons for voluntary performance the date at which the inspection was made is entered.
When performance is aimed at real property, with the sending of the notification for voluntary performance, the specific property should be designated, the court executive sends a letter to the notary for entry of an incapacity over the said property.
344. Distraint over movables is levies by entry of the object by the court executive.
Distraint over such objects or debts owed to the debtor may be levied with the service of the summons for voluntary performance if it specifies the object or debt against which execution is aimed.
Distraint over a debt owed to a debtor is deemed serviced with regard to a third party as of the date when the notice of distraint according to Art.390 was serviced on him.
345. (Sec.1 amends. - Not., iss.90, 1961.) As of the moment of the imposition of distraint the debtor is precluded from the right of operation or with the object and under the threat of criminal liability may not alter damage or destroy the object.
The same circumstances shall ensue with regard to the debtor as of the moment of receipt of the summons of voluntary performance, when the execution is aimed at a particular property and that property is specified in the summons.
346. All actions of possession performed by the debtor with the property or debt under distraint after it has been levied shall be deemed null with regard to the claimant and the joint creditors, unless a third party successor may rely on Art.78 FA.
When performance is aimed at real property, nullity is relevant only with regard to actions having taken place after the entry of the distraint.
The claimant and the joint creditors may require payment from a third party debtor, irrespective of the payment the latter has made to the debtor, in view of the fact that he has received a notice of distraint.
347. The claimant and the joint creditors may not be challenged with:
a) the transfer or the establishment of property rights which have not been entered prior the distraint.
b) decision in claims of action, liable to entry, but which have not been entered before the distraint;
c) the transfer of a debt, notification of which was made after the third party debtor had received notification of distraint, and
d) the alienation of movables, possession of which had not been transferred to the new owner before the distraint, unless with regard to the sale there is a document with an authentic date.
348. If before the preclusion of sale the debtor deposits 20% of the sums with regard to the executive list entered against him and certifies in writing before the court executive that he will deposit every three months 10% of them, the court executive stops execution.
If the debtor does not pay any one of these installments, the court executive, upon the request of anyone claimant, continues execution and the debtor does not have a fresh right of stoppage.
349. All sums deposited by the debtor or a third party debtor, or a person taking part in the auction and the buyer, as well as from the shops having performed the sale of movables with regard to the executive action shall be entered on the account of the court executive.
The payment of the sums due to the claimant and the joint creditors shall be performed on the basis of writs of payment prepared by the court executive.
XXXVIII. JOINING OF CLAIMANTS
AND DIVISION OF THE SUMS ACCUMULATED
350. At any one time during execution, before division is made other creditors of the same debtor may join the proceedings.
The jointure is implemented by written request to which the claimant attaches the executive writ or a certificate issued by the court executive, that the writ is attached to another executive case.
351. The joint claimant has the same rights as the initial claimant in the executive proceedings.
All notifications and summonses shall be addressed solely to the initial claimant.
352. In the case of a cause of action or petition by a third party against executive actions, as parties shall be summoned the initial claimant and the state and the banks if they already are joint claimants. The other joint claimants may enter the case as co-parties. The decision issued is binding with regard to them, even though they have not entered the proceedings.
353. (Amended, SG No. 26/1996) The State shall be at all times deemed as joint claimant with regard to taxes and other debts owed to it, the amount of which have not been communicated to the court executive prior to division. For this purpose the court executive notifies the tax administration for each performance of execution and for each distribution.
354. The creditor in whose favour safeguarding was allowed through distraints shall be deemed as a joint claimant when performance is aimed at the object of guarantee. The sum due to the guaranteed creditor is kept on account for the executive of the court and is handed over on the production of the executive writ. This sum is divided among the other claimants or is returned to the debtor should the safeguarding be repealed.
The same is valid with regard to the mortgage and guaranteed creditor as well as the creditor with the right to retainment.
355. (Amends. - Not., iss.90, 1961.) If the sum collected with regard to the executive action is insufficient, for the satisfaction of all claimants, the court executive performs a division, initially setting aside sums for the payment of debts which are owed rights to preferential satisfaction. The remainder is divided among the other claimants in proportion.
356. The claimant to whom the property is awarded may calculate such part of the sum owed to him from the value of the property as is owed to him in proportion.
357. The court executive services the division to the debtor and all claimants who shall be summoned at a date specified by him.
If within three days of the day of service of the division no petition has been entered it shall be deemed final and the court executive hands over the sums with regard to it to those who have a right to them
358. Where the division is being appealed the case together with the petition is sent to the regional court which in open session makes a pronouncement by summoning the debtor and the claimants.
The decision of the regional judge with regard to the division may be appealed. The appeal is reviewed under the rules set out in Art.217.
359. When one of the claimants challenges the claim of another the former should enter a claim of action against him and the debtor. The entry of the claim of action stops the handing over of the sum allotted to the claimant. If the claim of action is not entered within a month of the division the sum is handed over to the claimant.
In the cases of Art.255. the claim of action may be based also on facts which precede the issuing of the act.
XXXIX. PERFORMANCE AGAINST MOVABLES
1. LISTING, VALUATION AND HANDING OVER FOR SAFEKEEPING
360. After expiry of the term for voluntary performance the court executive proceeds to making a listing of the object.
The court executive describes the object set out in the summons, only where it is in the possession of the debtor unless by all circumstances it is clear that it is the property of another person.
361. The listing shall contain:
a) designation of the executive writ;
b) the place where it is being made;
c) a detailed description of the object;
d) a valuation of the object, and
e) the objections of the parties and the claims of third parties as to rights over the said property.
The listing shall designate whether the property with regard to which compulsory execution is not permitted has been left in the possession of the debtor.
The listing sets out as well the time and place for the sale of the object if the claimant requests it.
The listing shall be signed by the court executive.
362. The object described shall be valued by the court executive in accordance with state retail prices, and for objects for which there are no set state prices - according to their market value after making reduction for wear and tear.
The court executive with regard to the performance of the valuation requires data and avails himself of the cooperation of state trade organizations. In case of need with regard to evaluation experts may be drawn.
363. The described movable property, if not displayed in a shop for sale in accordance with Art.367, is handed over for safekeeping to the debtor. In such cases the debtor may use it only if this would not serve to diminish its value.
364. If the debtor refuses to accept for safekeeping the object or when he court executive finds it necessary that it remains with him the object is handed to a guardian who shall be designated with the consent of the parties. If consent cannot be reached the court executive appoints a guardian.
The guardian is chosen with regard to the place where he resides or where the object should be kept as well as with regard to the character of the person and the object.
The object is handed over for safekeeping under signature
365. The guardian shall exercise due care and shall account for the profits from it and the costs of safekeeping.
If the guardian does not perform these duties the court executive may hand over the object to another person for safekeeping.
(Amends. - Not., iss.90, 1961.) For refusal to hand over the object without due reason, the court executive imposes with regard to the guardian a fine of 20 levs if no other liability is due.
366. With regard to the expert witnesses and the guardian, when the latter is a third party, the court executive designates remuneration which is payable by the claimant. If further costs are necessary for the transport and guarding of the object they shall be deposited by the claimant beforehand.
2. SALE OF MOVABLES
367. The sale of an object under distraint is done through the shops for second hand retail and through the state enterprises. If no such shops exists at the citus of the object it shall be sold through another shop of a state or cooperative trade enterprise unless the debtor or the claimant request that the object be transported for purposes of sale to a place where there is such a shop for second hand goods.
For the performance of sale the trade enterprise receives a commission of 5% of the sale price which it deducts on receipt of the sum.
(New - State Gazette, iss.89, 1976.) Objects whose value exceeds 200 levs are sold by the court executive in keeping with the rules for public sale of movables stipulated by the present Code. The sale is announced in connection with Art.368, Para3. The court executive hands over possession of the object after the ruling for this enters into force. The stipulations of Art.414 shall be duly applied. If the object belong to another, Para 2 -6 of Art.371 shall apply.
368. The object is transferred to the shop by the debtor and if he refuses to do so by the claimant. In case of resistance by the debtor art.328, Para.2 shall apply.
In order to attest that the object has been transferred to a shop the debtor or the claimant present the requisite receipt to the court executive.
Irrespective of this the court executive advertises the sale of the object through notices which shall be placed in the appropriate places in his office or the local people's council.
369. When the transfer of the object to the shop entails difficulties with regard to the sale of the object the court executive places in the shop a notice, at the same time ensuring a possibility for those interested to view the object at the place where it is kept. Apart from that the notices stipulated in para.3 of the preceding article shall be placed.
370. The sale is performed at a price equal to 90% of the valuation and the object is handed over to the buyer after he deposits the price. If an enterprise sells the object at a price lower than the above-mentioned or hands over possession before payment the court executive collects the retail price from the enterprise.
371. If within the space of three months transfer of the object to the shop or notification of sale in connection with Art.369 the object has not been sold it shall be freed from distraint and returned to the debtor, unless the claimant within seven days of expiry of the three month period declares before the court executive that he is willing to accept the object in lieu of payment at a price of 80% of the valuation and requests the performance of a new sale.
The new sale is carried out in accordance with the rules regarding the initial one. It commences not earlier than six months after the end of the initial sale and after a new valuation. If at the sale the object is not sold it is freed from distraint and is returned to the debtor.
When the object is handed over to the claimant and the receipt from the sale exceed the sum of costs of execution and the claims of the claimant the latter deposits the difference. The ruling of the court executive for the handing over of property is issued after the claimant attests to the payment.
If the claimants wishing to receive the object are several, the court executive declares as buyer the one who within three days of notification offers the highest price above 80% of the valuation of the object. The handing over is performed after the claimant deposits with regard to the division the requisite sums for the remaining claimants if such are owed.
Ownership over the object is transferred as of the date of the ruling for the handing over of the object. On the basis of the ruling the claimant acquires possession of the object.
372. The sale performed may not be appealed nor challenged by claim of action.
The buyer of the object becomes its rightful owner irrespective of the fact that it was the property of the debtor.
The former owner has the right to receive the price value if it has not been paid, and if it has been paid the latter has the right to request from the claimants and the debtor that which they have received as a result of the division
(Amends. - Not., iss.90, 1961.) When the object was handed over to a claimant, the owner may request it from him if the latter had no knowledge that it belonged to the debtor. Alternatively he has a right to receive from the claimant a sum equal to the claim in return for which it was handed over. If in proportion it was less than the price the owner has the right to seek the difference from the persons who have acquired it.
The claimant retains his claim.
The claimant, when he has acted in bad faith, is liable for damages caused to the owner. In all cases he bears the costs for execution.
XL. PERFORMANCE AGAINST REAL PROPERTY
373. After the expiry of the term for voluntary performance the court executive proceeds to a listing of the property distraint with the summons. The listing is only performed if the court executive is satisfied that the debtor was the rightful owner at the time of distraint. Investigation of ownership is performed through checks of the fee and notary registers or through another means including questioning of neighbours. When no certain data as to ownership exist the fact of possession as of the date of distraint is taken into consideration.
374. In the preparation of the listing the rules of Art.361 shall be observed: designating the citus of the property, the boundaries, mortgages and burdens levied on it, as well as taxes due. The court executive requires data as to these burdens from the notary alongside with a request for entry of the burden as well as from the financial department of the local and regional people's council. The property is assessed at market value by the court executive with the help of one or more expert witnesses.
375. The property shall remain in the possession of the debtor up to the time of sale. The debtor shall exercise due care. The debtor receives the property by list and shall return it in the same condition in which he has accepted it.
If the debtor does not exercise due care for the property or prevents third parties from viewing it the court executive appoints another person to manage the product.
376. (Para.1 amends. - Not., iss.90, 1961.) The court executive is obligated after the expiry of seven days of the listing, if no petition is handed, to prepare notice for sale in which he sets out: the owner of the property, a description of the latter, whether it has been mortgaged and for what amount, the initial price at which the sale is to begin, the time and place where the sale shall be held. The above mentioned notice shall be placed in appropriate place at the office of the court executive, the premises of the municipal (regional) people's council, respectively the Mayor's office of citus of the property, the property itself at least one day prior to the date of sale.
The same day the court executive prepares a protocol in which he enters the date of notification.
The court executive determines the time during which the property may be viewed by prospective buyers.
377. The sale shall be performed in the office of the court executive. It shall continue for one month and shall end on the day designated in the notice.
378. The papers regarding the sale shall be kept in the office of the court executive at the disposal of each prospective buyer.
For participation in the auction 10% of the valuation shall be deposited. The claimant does not deposit this if the amount due to him exceeds it.
The sale is carried out by auction list onto which the participants enter and undersign the price which they are offering. Each participant designates his price, irrespective of the price previously offered. A representative of the participant has to produce a written empowerment by the participant in the sale.
The sale closes at twelve o'clock on the last day, but if by that time the auction has not ended it ends by the end of working hours of the same day.
Offers by persons who do not have a right to participate in public sales as well as offers below 80% of the valuation shall be deemed null.
379. The debtor, his legal representative, the officials at the court executive's office, as well as persons set out in Art.185. of the Obligations and Contracts Act do not have a right to participate in the auction.
When the property is bought by a person who did not have a right to participate the sale is nullified.
In this case the money deposited by the buyer is retained for the satisfaction of costs with regard to the executive proceedings, while the property at the request of any one of the claimants may be once again offered for sale.
380. As buyer of the property shall be regarded that participant who has offered the highest price. The proclamation of the buyer is made by the court executive on the auction list which is signed by him.
The buyer must within five days of preclusion of the sale deposit the price offered by him deducting the participation deposit.
381. If within this period the price is not deposited:
a) the deposit shall serve to satisfy the claims of the claimant;
b) the court executive invites the participant who has offered the next highest price to purchase the property. If the latter should so agree he will be proclaimed as buyer of the property. If he does not agree or does not deposit within five days of proclamation as buyer the purchase price, the court executive offers the property to the next in line with regard to price offered and proceeds likewise until exhausting all participants who have offered a price of at least 80 % of the valuation. The participant who has agreed to buy the property but does not deposit within the prescribed period the price offered bears responsibility in connection with the previous subpara.
382. If no participants have appeared or no valid offers have been entered, or the buyer has not deposited the price and the property cannot be handed over according to 'b' of the preceding article, the claimant has a right within seven days of notification to request that he be declared as buyer in return for his claim at a value of 80% of the valuation or to request a new sale on the lines of the stipulations of Art.371., para.2.
If the claimant does not make such a request the property is freed from execution and the burden is struck out at the request of the court executive.
When the claimants wishing to receive the property in satisfaction of their claims are several, the court executive declares as buyer the one who within three days of notification offers the highest price over 80 % of the valuation of the property.
When the claimant is the state or state organisation they have a right of preference over all other claimants.
383. A claimant who in accordance with the preceding article has been declared as buyer of the property should within five days of division deposit the sum necessary for the satisfaction of the respective shares of the other claimants or the portion of the price with which his claim is exceeded when there are no other claimants. If he does not deposit this sum he is responsible for damages and for costs of the sale, whereas with regard to the property it is proceeded with in accordance with Art. 382., para.2.
384. When the person declared as buyer in accordance with Art.380-383, deposits in due time the requisite sum, the court executive by ruling awards the property to him. The payment of the price overrules failure to abide by the requirement for payment of participation fee or production of empowerment.
As of the date of proclamation of award the buyer acquires all rights which the debtor had over the property. However the rights which third parties have acquired with regard to the property may not serve to challenge the rights of the buyer, if such rights may not be directed against the claimants.
If the award has not been appealed, the legality of the sale may be disputed only through a claim of action and only if there is a breach of Art.379 or failure to deposit the purchase price. In the latter case the buyer may challenge the claim if he deposits the sum due together with interest as of the day when he was declared as buyer.
385. If the ruling for award is revoked or the sale declared as null in connection with Art.384, para.3 the new sale shall be performed after fresh notification.
386. The buyer takes possession of the property from the court executive on the basis of the ruling for award which has entered into force as well as on the basis of a certificate for payment of taxes for transfer of ownership and the entry on the register of the above-mentioned ruling.
Entry into possession shall be directed against any person who is in possession of the property. The latter person may only protect his interest through an action for ownership.
387. If with a decision which has entered into force it is established that the debtor was not the proper owner of the property sold, the buyer may request the price paid by him if it has not yet been paid to the claimants and if this has been done he may request of each one of them and the debtor the portion received. In both cases the buyer has a right to interest and for costs of his participation in the sale. Apart from that he has a right to request of the people's council and the state the return of all taxes paid by him for the transfer of ownership.
With regard to the sums the regional judge by citus of the property issues an executive writ on the basis of the division and the certificate under Art.386, para.1, if the persons against whom the writ is issued have been drawn to the case in which the decision was pronounced. If the sum deposited by the buyer was paid out, it is returned to him by receipt by the court executive.
When the property was awarded to a claimant he retains his claim against the debtor and has a right to request according to the procedure in Art.2 the sums set out in Para.1 apart from costs in connection with his participation in the sale.
388. When performance is aimed against a property which is co-owned, with regard to the debt of one of the co-owners, the property is listed in full but only the part owned by the debtor is sold.
The property may be sold in whole if the remaining co-owners attest their agreement to this in writing.
389. With regard to the sale of mortgaged property, which is being performed not with regard to a claim of the mortgage holder, the court executive notifies him with regard to the scheduling of a listing and sale.
In the cases of Art.382 & 383 the mortgage holder if he so wishes, participates alongside the other creditors.
XLa. PERFORMANCE AGAINST OBJECTS
FROM THE MATRIMONIAL PROPERTY
(New para - State Gazette, iss.89, 1976.)
389a Performance of a claim against one of the spouses may be directed against an object which is a part of the matrimonial property, only in the part of the claim, which may not be satisfied through installments from the employment remuneration of the debtor-spouse in connection with Art.341 during the course of six months or through execution against some other part of his personal property. If the claim or part of it may not be collected in this way the performance for the full, respectively the remainder of the claim is aimed at an object that is part of the matrimonial property.
When the spouses agree performance to be aimed at an object specified by them and part of the matrimonial property, Art.338 is applied.
389b Simultaneously with the distraint and burden, the court executive shall inform the spouse who does not owe a debt, that with regard to an object part of the matrimonial property, performance is to be directed.
The spouse who does not owe a debt may appeal the executive actions for reasons of breach of Art.389a. The non-debtor spouse may challenge the claim on the same grounds and following the same procedure as the debtor spouse as well as to appeal on the same grounds with regard to executive actions.
The non-debtor spouse may participate in the public sale of the object.
389c When performance is directed against movable property within the matrimonial property, the court executive after the sale of the object pays half of the sum received to the non-debtor spouse and with the remaining sum proceeds in accordance with Art.349, Para.2 & 355 - 359.
If performance is directed against real property Art.388 shall be applied.
389d The non-debtor spouse may frustrate the sale of the movable property or of an ideal part of the real property, if within one month of valuation deposits on account of the court executive an amount equal to the share of the debtor-spouse. When the sale of the movable property is performed by the people's council with regard to the rights of the debtor spouse the rules of this type of sale shall apply.
When the non-debtor spouse participates in the sale he shall be declared as buyer if within three days of its conclusion he or she enters in writing on the auction list that he wishes to buy the property at the highest price offered.
389e In the cases of 389c and 389d the non-debtor spouse cannot challenge the claimant that due to his contribution in acquiring the property he or she should be entitled to a larger share than the debtor-spouse, and vice versa, the claimant may not on the same grounds claim that the share of the debtor-spouse is larger.
XLI. PERFORMANCE AGAINST CLAIMS OF THE DEBTOR
390. The distraint notice of the third party debtor is sent simultaneously with the summons for voluntary performance
In the distraint notice it is prohibited for the third party debtor to pay the sum owed by him to the debtor. The sums and objects should be specifically stated.
As of the date of receipt of the distraint notice the third party debtor is obligated as a guardian of the object or sums owed by him.
391. Within three days of receipt of the distraint notice, the third party debtor should notify the court executive as to:
a) does he recognize the claim with regard to which the distraint is being made, and is he prepared to pay it;
b) whether there are claims by other parties with regard to the same debt, and
c) is there distraint on the basis of other executive orders with regard to the same claim and on what grounds.
The invitation for giving these clarifications should be made on the face of the notice for levying the distraint.
If the third party debtor does not protest the claim, it should deposit the sum owed by him on the account of the court executive or to hand over the objects.
392. If the claim with regard to which distraint had been levied is guaranteed by deposit the person in whose possession the deposited object is is ordered not to return it to the debtor, but to hand it over to the court executive if the third party debtor recognizes the claim.
If the claim with regard to which distraint has been made is guaranteed by a mortgage, the distraint is entered in the respective register of the notary.
393. The claim with regard to which distraint has been levied is presented to the claimant for collection if on his request it is given to him in lieu of payment. When the claimants in the executive proceedings are several, the claim is presented for collection to the claimant on whose request proceedings were instigated, and if he refuses - to another claimant who offers to do so.
394. With regard to objects which the third party debtor hands over or is sentenced to do so, execution is directed in accordance with Art.360 - 372.
395. (Amends. - Not., iss.90, 1961, & State Gazette, iss.28, 1983.) Distraint against employment remuneration is valid not only with regard to the remuneration set out in the distraint notice, but for all other remunerations of the debtor received with regard to the same work in the same institution or enterprise.
If the debtor changes employment into another institution or enterprise, the distraint notice is sent to the new employer by the person who has initially received it and is regarded as having been sent by the court executive. The third party debtor informs the court executive as to the new place of employment of the debtor and as to the volume of the sum received until the change of employment.
The person who pays out remuneration to the debtor regardless of the distraint levied, without subtracting the sum as set out in the distraint, is personally responsible to the claimant jointly with the third party debtor.
(Amends. - State Gazette, iss.41, 1985.) The distraint notices with regard to claims of the state or socialist organisation are entered on the employment record and with regard to claims for support - in the employment record and the passport of the debtor, by the person who pays out remuneration to the debtor at the institution, enterprise or organisation. When the debtor changes employment to another institution, enterprise or organisation or with a private person, the subtractions from his remuneration continue on the basis of this entry, even though a fresh distraint notice has not been received.
The entry is struck out on the order of the court executive who has levied the distraint.
If after the levying of distraint with regard to employment remuneration, the debtor leaves his place of work and within a month does not notify the court executive as to his new place of employment, the court executive serves him with a fine of 200 levs.
396. The claimant who delays the collection of the claim presented, is responsible to the debtor entered in the executive writ for any damages which might ensue from this.
397. The costs which the claimant incurs with regard to collection of the claim presented, shall be for his account. He shall present to the court executive an accurate account as to the sums collected.
398. The levying of distraint on claims with a receipt of an order or other documents, which may be freely exchanged or handed over, as well as with regard to executive writs, is implemented by the court executive taking possession of these documents.
398a (New - State Gazette, iss.55, 1987.) The performance of a claim against one of the spouses may be also directed against half of the bank account that is matrimonial property, where the other half remains as a personal account of the non-debtor spouse. The stipulations of Art.389b and 389e shall apply respectively with regard to this type of performance.
B. PERFORMANCE AGAINST SOCIALIST ORGANISATIONS
XLII. GENERAL RULES
399. Compulsory performance against state institution is not allowed.
(New. - Not., iss.90, 1961.) Money claims against state institutions are to be paid from the respective allocated credit in the budget of the institution. For this purpose the executive writ is presented to the financial department of the institution. If there is no credit allocated, the higher placed institution takes all necessary measures to allocate it not later than the next budget.
(New. - Not., iss.90, 1961.) The compulsory performance against state institutions which has as its subject the handing over of a specific property or the performance of a specified action, is implemented according to the general rules.
400. Against state enterprises, cooperatives or other public organisations compulsory performance is aimed primarily against their accounts in the state banks.
401. (App. - Not., iss.90, 1961.) When the executive writ against an enterprise, cooperative or other public organisation cannot be paid out from an account at the bank because the debtor does not have such an account or there are insufficient funds in that account or there's regulation to that effect, the compulsory performance is implemented by the court executive.
402. Performance against state enterprises, cooperatives or other public organisations may not be directed against the following properties:
a) the land, buildings, production and other utility buildings, equipment and instruments;
b) (Amends. - Not., iss.90, 1961.) the non-fiscal part of the indivisible funds of agricultural cooperatives and manufacturing cooperatives. As with regard to their fiscal part performance may be directed only as to claims which are of the nature of these funds;
c) the raw materials and fuels needed for the work of the enterprise for at least two months;
d) the beasts of burden, agricultural materials, seeds in quantities needed for fulfilling the production plan of the enterprise;
e) the uncollected harvest;
f) the fodder for the beasts of burden in quantities necessary to feed them until such time as new fodder is ensured pursuant to the working plan of the cooperative.
g) the cultural and educational funds, the buildings and equipment necessary for the normal work of trade unions and other public organisations;
h) (Amends. - Not., iss.90, 1956.) the financial means, needed for payment of salaries allocated at the request of the enterprise or the institution. The allocation of these means is done on the day on which salaries are to be paid or five days before that;
i) the insurance compensation due to the debtor with regard to compulsory insurance, unless the property insured was handed over or mortgaged.
Performance may not be directed against production which is aimed for a specific recipient.
403. In the case of liquidation of cooperatives or other public organisation, followed by a liquidation of their property, the performance may be directed against all liable to liquidation property of the organisation.
404. (Repealed - Not., iss.90, 1961.)
XLII. SWITCHING PERFORMANCE
WITH REGARD TO BANK ACCOUNTS
405. State institutions and enterprises, cooperatives or other public organisations - creditors which have an account or a current account in a bank when they direct their claims against sums of state enterprises, cooperatives and other public organisations with regard to their accounts in banks hand over the executive writ directly to that bank. The presentation is implemented by a receipt order along the guidelines specified by the BNB which should indicate the bank at which the claimant has an account.
State institutions and enterprises, cooperatives or other public organisations -creditors which do not have an account at the bank, as well as individual citizens, hand over their executive writs to the court executive, who sends them to the bank servicing the debtor.
406. As of the moment of receipt of the executive writ at the bank the account of the debtor is placed under distraint to the volume of the debt and up to its full satisfaction. But the bank does not stop payments with regard to claims, which in accordance with Art.412 are provided with preferential treatment as compared to the claim which is to be performed.
407. With the sums deducted from the accounts of the debtor in the case of para.1 of Art.405 the bank account of the claimant is endorsed, and in the case of para.2 of the same article - the account of the court executive.
408. The executive writ shall be satisfied from the sums in the account of the debtor which is set out in the writ. If the debtor does not have such an account the executive writ is returned to the claimant.
409. An executive writ for a sum exceeding 200 levs may be paid in installments, if the sums in the account of the debtor are insufficient to perform the payment in one installment. For this purpose the bank stops all other payments from the account of the debtor apart from those claims which have preferential satisfaction with regard to the claim which is to be performed. After in the account of the debtor there accumulates a sum of 200 levs, the account of the claimant is credited with that amount..
An executive writ for a sum smaller than 200 levs is not liable to payment in installments, but is paid after it is accumulated in the account of the debtor.
410. The payment of amounts to the accounts of agricultural cooperatives is admissible only to the volume of 70% of the resources in this account at the date of payment. If the sum on the writ exceeds this volume, subsequent payments also of up to 70% are performed from the new accumulations in the account. This procedure is followed up to the full satisfaction of the debt.
411. (Repealed - Not., iss.90, 1961.)
412. (Amends. - Not., iss.90, 1961.) In cases of lack of sufficient funds in the account of the debtor, the banks perform the payments in the following order:
Group One:
a) claims for remuneration and
b) payments for State Public Insurance.
The payments for State Public Insurance are made after satisfaction of the claims in connection with item a.
Group Two: payments to the budget and payments to the State Insurance Institute with regard to compulsory insurance.
Group Three: payments for the value of deliveries, work and services, including fines and interest on delayed payments.
Group Four: payments for amortization deductions and deductions from profits for capital construction, for reallocation of turnover capital and for covering planned losses.
Group Five: payments to banks.
Group Six: all other payments.
Payments for each individual group is performed with regard to the terms of payment and order of service of documents to the bank where the account of the debtor is held.
All investor advanced payment due for reimbursement and sums paid over the necessary limit with regard to capital investments are to be paid as Group Two.
In order to meet immediate expenses the banks may allow enterprises and organisations to operate daily, outside the established order with a sum equal to five percent of the daily proceeds to their account and not less that 40 levs per day.
413. All actions of the banks in connection with performance in accordance with the stipulations in the present chapter may be appealed before the superior bank institution.
(Para.2 repealed - Not., iss.90, 1961.)
SECTION III.
PERFORMANCE OF NON-FISCAL CLAIMS
XLIV. COMPULSORY WITHDRAWAL OF MOVABLES
414. The movable assigned, which after the request of the court executive to be voluntarily surrendered by the debtor is not so surrendered, shall be withdrawn from him and handed over to the claimant.
If the movable is not in the possession of the debtor or is damaged, he is liable to an amount equal to its value. The same applies when only part of the movable is to be found. If the value of the movable is not set out in the executive writ, it is determined by the court which has issued the writ, after hearing the parties and if needed, after questioning of witnesses and experts.
The ruling of the court may be appealed. The petition shall be reviewed in accordance with Art.217.
415. The person to whom a movable is assigned shall be given possession of it. The protocol for possession shall be prepared by the court executive on the spot. Where a debtor does not leave the property voluntarily, he shall be compulsorily evicted.
(New - State Gazette, iss.27, 1973; amended: SG 44/1996) The decisions in connection with Art.288, para.2 shall be executed after payment to the other co-partitioners of their respective parts of the value of the property.
(Repealed SG 44/1996)
(Repealed SG 44/1996)
(Repealed SG 44/1996)
416. If the court executive finds the allocated property in the possession of a third person and ascertains that the latter has acquired the property after the institution of the action, with regard to which the decision for execution has been pronounced, he assigns possession of the property to the claimant and with the same ruling sets out the manner in which he has ascertained when the third party has gained possession.
If the third party maintains with regard to the assigned property rights which negate the rights of the claimant the court executive stays performance and gives the third party three days to request of the regional judge stoppage of performance.
417. With the petition for stoppage the third party has to produce written evidence as to the rights he claims over the property. The petition is reviewed in open court with the summoning of the claimant, the debtor and the third party. If the court finds it grounded he stops performance and gives the third party one week to produce an action before the respective court. If within the specified time the third party does not produce a claim of action, at the request of the claimant the stoppage is revoked.
418. When the person evicted in whatever manner without sanction returns possession of the property the court executive at the request of the claimant once again evicts him.
The same person is liable criminally in connection with Art.207 of the CC.
XLV. PERFORMANCE OF A SPECIFIED ACTION
419. Where the debtor does not perform a given action which he is ordered to do so and where that action may be performed by another person, the claimant may request the court executive to empower the former to perform the action for the account of the debtor.
420. The claimant may request of the court to order the debtor to deposit beforehand the sum needed for the performance of the action.
421. When the action cannot be performed by another person and is solely dependent on the will of the debtor, the court executive on the request of the claimant obligates the debtor to perform the action at the same time imposing a fine of 20 levs on him. If even after that the debtor does not perform the action, the court executive imposes consecutively new fines to the same amount, but not more than 200 levs altogether.
This rule does not apply with regard to the obligations of employees.
422. When the debtor performs the opposite of that which with decision he should perform or forebear, the court executive on the request of the claimant imposes for each breach of this obligation a fine of up to 40 levs.
423. The actions of the court executive with regard to empowering and imposition of fines may be appealed before the regional court in accordance with Art.332.
PART SIX
SAFEGUARDING PROCEEDINGS
XLVI. GENERAL RULES
424. The safeguarding proceedings provided for by the law are determined with regard to the stipulations of the present part in so far as special rules are not provided.
425. The safeguarding proceedings commence by written petition from the interested party.
The petition is presented before the regional court at the place of residence of the petitioner. If the petitioners are several and they have different places of residence it is presented at the place of residence of one of them.
426. The petition is examined in closed session, unless the court deems it appropriate that with regard to the correct examination of the case it is necessary to be done in open court.
427. The court is obligated ex-officio to investigate whether the necessary condition for the issuance of the requested act are present. It may on its own initiative collect evidence and take into account facts not specified by the petitioner.
428. The court may request the personal appearance of the petitioner. It may request that the petitioner by declaration reaffirm the veracity of the circumstances set out by him.
429. The court may rely on witness evidence given before other organs, as well as to empower another court or the people's militia or the people's councils to collect the necessary evidence.
430. The safeguarding proceedings are stopped:
a) when there is a case regarding the same legal relations which is a condition for the issuing of the requested act or which is the subject of verification with the act;
b) when in connection with the petition for the issuing of the act there arises a civil dispute between the petitioner and another person which challenges the petition. In this case the court gives a month's time to the petitioner to institute a claim of action. The proceedings are terminated if within the specified time the claim of action is not instituted.
The decision which has entered into force with regard to the dispute is obligatory in resolving the safeguarding proceedings under the conditions and within the limits of Art.291.
431. The decision with which the petition is honoured may not be appealed.
When the act concerns the right of third parties, the dispute arising, if it concerns civil rights, shall be resolved through a claim of action. The claim is instituted against the persons who rely on the act. When the claim is successful the act issued is revoked or altered.
The prosecutor may institute a claim of action for the revocation of the act issued when it is in breach of the law. The claim is directed against the persons set out in para.2.
432. Refusal to issue the act may be appealed within seven days of notification to the party that the decision is ready.
The petition is presented before the regional court. It may be based also on new facts and evidence. Review of the petition follows the rules set out in Art.217.
The decision with which the petition is overthrown does not preclude the right to petition again before the same court with regard to the issuing of the same act.
433. The safeguarding proceedings are terminated:
a) when the petition is withdrawn and
b) when the petitioner cannot be found at the address given by him.
The ruling with which proceedings are terminated may be appealed by private petition.
434. For safeguarding proceedings shall be respectively applied apart from the general rules set out in the present code, Art.127, 132 - 137, 142 151, 157 - 170, 186 -190, 192 Para 2 & 3, 193 & 194 as well.
435. Costs with regard to safeguarding proceedings shall be for the account of the petitioner.
XLVII. ESTABLISHING OF FACTS
436. When the law provides that a certain fact with legal significance has to be attested to by a document prepared in the prescribed manner (as a certificate of education, act of civil status, etc.) and such a document has not been prepared and cannot be prepared or the one that had been issued has been destroyed or lost without the possibility of retrieving it, the person who bases his rights on this fact may request of the regional court to establish the fact and when necessary to order that the document be issued.
437. The request should contain:
a) with what purpose the petitioner wants the establishing of the fact;
b) the reasons for which the document was not prepared or for which its retrieval is impossible. These reasons should be proved by official documents, and
c) the evidence with regard to the fact to be established.
438. The petition is reviewed in open court with the summoning of the petitioner and the persons, organisations and institutions who have an interest in establishing of the fact. Apart from that the prosecutor is notified and summoned.
As interested parties shall be deemed:
a) persons whose relations with the petitioner are based on the fact that is the subject of the establishing;
b) organisations and institutions which should have prepared the document or which are unable to retrieve it, and
c) organisations and institutions before which the petitioner wants to use the fact established by the court.
If the interested party stipulated in 'a' is dead, his successors are summoned. The interested organisations or institutions stipulated in 'a' may be represented by their local branches.
439. When the petitioner wants to establish that he has received education at a given institution, the court may rely in establishing this fact apart from all other evidence, also on the conclusion of experts with regard the qualification of the petitioner.
In such cases the interested institution envisaged in 'c' of the preceding article the institution under whose supreme control the educational establishment in para.1 is placed, is summoned.
440. In the decision of the court the fact established by it must be set out as well as the evidence on the basis of which this fact was established.
The decision with which the court pronounces itself with regard to the petition may be appealed according to the general procedure.
The decision does not have evidential force with regard to those interested parties, organisations, or institutions under Art.438, which have not been summoned to participate in proceedings, if they challenge the said fact.
441. According to the same procedure and with the same consequences may be rectified mistakes in the documents under Art.436, when the law does not provide another procedure for this rectification.
442. When the facts under Art.436 have occurred abroad their establishing may be requested according to the procedure provided for in the present chapter only if it has been proven, that the petitioner may not acquire the necessary document or a substitute certificate from the organs of the foreign state where the fact has occurred. Proof of this incapacity is attested by documents issued by the competent authorities of the foreign state or by a certificate from the Ministry of Foreign Affairs that the authorities of the foreign state have refused to review the petition of the interested party or there is no possibility to make such a request.
XLVIII. DECLARATION OF ABSENCE OR DEATH
443. The request for declaration of the absence or death of a given person is under the jurisdiction of the regional court at the last place of residence of the absentee and in the absence of that at the place where the person last resided before being absent.
The request should specify the probable successors of the absentee and his legal representative if such exists.
444. The court in closed session decrees the collection of data with regard to the absentee from his relatives, from the municipal (regional) people's council, or Mayor's office, from the people's militia and all other appropriate places.
The court sends a copy of the request to the municipal (regional) people's council, the respective mayor's office at the last place of residence of the absentee for publication. This copy is presented to the persons set out in para.2 of the preceding article.
445. The court rules with regard to the request for declaration of absence or death, after hearing the prosecutor, and the persons set out in Art.443., para.2 as well as all interested parties.
446. On the basis of the decision with which the death of a person is declared a death act is issued at the last place of residence of the deceased.
447. At the request of the interested parties or the prosecutor the decision for the declaration of absence or death of a given person may be revoked or altered, if it is established that the absentee is alive or the proper date of his death is different from the one declared by the court.
448. The course of action in connection with the preceding article is directed against the party who has sought the declaration of absence or death and against the parties who derive rights from the act.
XLIX. PROCEEDINGS WITH REGARD TO INHERITANCE
449. Property left after the death of a person is sealed in the cases prescribed by law by the regional judge.
The regional judge may entrust to the executive committee of the municipal (regional) people's council or mayor's office to perform the sealing through their organs.
450. Sealing may be requested by:
a) anyone who claims a right to inheritance;
b) the creditor who has an executive writ against the deceased;
c) the prosecutor and the chairman of the municipal (regional) people's council, respectively the mayor, when there are absentee successors.
451. With regard to the sealing a protocol is prepared setting out the date, on whose order the sealing took place, description of the sealed premises, safes, cases, etc., and a brief description of the objects which were not sealed. This protocol is signed by the official and the parties present.
452. Anyone who has the right to request sealing may request breaking of the seal and a listing of the property.
The breaking of the seal and the listing are performed by the regional judge. In such cases para.2 of Art.449 is applied.
453. In the protocol for the listing all objects by order of breaking of seal are listed separately. For valuation of the objects an expert may be brought in.
The successors of the deceased and the creditors may be present during the listing.
A listing may be made without sealing.
454. The objects listed are handed over against signature to the successors or some of them and if such do not exist or refuse to accept them they are handed over for safekeeping to a third party.
455. When the sealing, breaking of the seal and listing are performed by the people's council, respectively the mayor's office, the protocol is handed to the regional judge.
REVOCATION OF SECURITIES
456. Every person who has the right over securities (receipt of order, bonds, stocks, etc.) or over securities redeemable to bearer may revoke it if he has been deprived of possession against his will or the security has been destroyed.
It is not permissible to revoke bonds and other securities issued in connection with state loans.
457. In the petition the petitioner should:
a) reconstruct the security or point out everything necessary to determine its character,
b) set out the circumstances under which it was lost or destroyed as well as the circumstances proving his right over it, and
c) confirm the authenticity of his stipulations withn an express declaration in the petition.
458. If the petition corresponds to the above-mentioned requirements the court in closed session issues an order which should contain:
a) designation of the petitioner;
b) an invitation to the bearer of the security to declare his rights not later than the date set out in the order, regarding the court session for declaring the revocation, with a warning that if he fails to do so the security will be revoked and an order shall be issued to the debtor not to perform any payment to the bearer of the security.
The order is affixed at a specified place in the court and is published in the supplement to the Notices of the Presidium of the People's Assembly.
A copy of the order is sent to the debtor.
459. The date of the session is determined as follows:
a) with regard to securities on orders, to the date of the session 45 days should have elapsed from the publishing of the order in accordance with the previous article or from the date of payment of the security - if the publishing preceded it;
b) in the case of securities of bearer with regard to which interest coupons have been published to the date of the session one year should have elapsed from the date of payment of the first coupon after the publishing of the order, and
c) in case of securities of bearer, with regard to which interest coupons have not been published, to the date of the session one year should have elapsed from the date of payment of the security itself.
460. The person who challenges the petition for revocation shall state this before the court not later than at the session and to produce the security before the court or in a bank until the resolution of the dispute.
In such a case the court stops proceedings for revocation and prescribes a month for the petitioner to present evidence that he has instituted an action for establishing his rights over the security. If such evidence is not produced the court terminates proceedings on revocation.
461. The decision on revocation is pronounced in open session with the summoning of the petitioner.
The decision disallowing the petition for revocation may be appealed in the general manner.
462. After the revocation of the security the petitioner implements his right over it on the basis of the decision for revocation. On the basis of it he may request the issuing of a copy.
463. The person who owns a revoked security, even though he has not ascertained in due time his rights over it may seek the value of the security from the person upon whose request the revocation was declared if the latter did not have a right to petition.
464. If proceedings for revocation conclude without the pronouncement of a decision for revocation, the order for non-payment is revoked ex-officio by the court and is communicated to the debtor.
LI. NOTTARY PROCEEDINGS
1. GENERAL RULES
465. Notary proceedings are those on the basis of which the following are conducted:
a) legal agreements based on the notarized act;
b) certification of the right of ownership over property, certification of the date, content, or signatures on private document, as well as the authenticity of copies and extracts from documents and papers;
c) entries, notes and their revocation in the cases provided by law;
d) notarized summonses, objections, certificates for appearance and non-appearance of persons before the notary in connections with acts attested before him, as well as the registration of account books, and
e) provision of data from notary registers and the performance of other notarized actions envisaged in other laws.
466. Notarized acts for the transfer of property or the institution of proprietary rights over realty, certification of the right of ownership over such property, as well as the entries, notes and revocations regarding realty shall be performed by a notary in the citus of the property.
Other notarized actions, as well as wills, may be performed by any notary regardless of the connection of his jurisdiction and the notarized certificate.
467. Notary proceedings commence with an oral request to the notary. The request shall be in writing only where the petition is for the conclusion of a notarized act for the transfer or the constitution of a proprietary right over realty, certifying the right of ownership over such property and entry, notes and revocation of entries.
468. Parties to the notary proceedings are persons in whose name the notarized action is to be made. Participants in notary proceedings are persons whose personal stipulations are attested to by the notary.
469. The notary may not perform notary acts outside his jurisdiction
The performance of contracts which should be entered takes place only in the notary's office and then only within working hours.
Other notary actions may be performed outside the office and office hours, when due reasons prevent the personal appearance of persons to be certified in the office or it is necessary that the notary action be implemented immediately.
471. The notary may not perform notary actions when in the proceeding or a participant in them is: the notary himself, a spouse, relatives in ascendancy, those who by marriage up to the fourth tier as well as persons of whom the notary is guardian, adopted or adopter.
The same applies with regard to an agreement or document containing stipulations in favour of the persons set out in para 1.
472. The notary act shall be null, when the notary had no jurisdiction to perform it (Arts, 466, para.1, 470, 471) as well as when in its performance Art.474, para.4 (regarding the personal appearance of the party), 475, 476 a,c,d and e, 478, 479 and 485, para.2 have been breached. The refusal of the notary to perform any one action may be appealed within seven days of the refusal before the municipal court.
473. The municipal court reviews the petition under the provisions of Art.217.
473a (new - Not., iss.92, 1952) Abroad the notary authority regarding certification of the date, content and signatures on private documents, certification of authenticity of copies and extracts of documents, presented by Bulgarian citizens, as well as the making of wills of Bulgarian citizens may be performed by the Bulgarian diplomatic and consular authorities.
2. SPECIAL RULES
474. For the performance of a notary proceedings the persons participating in those proceedings prepare a draft in two and if needed more identical copies. The format of the paper on which the draft is made, is determined by a sample approved by the Ministry of Justice.
All copies of the draft must be written legibly by hand in black ink or on a type writer.
The figures contained in the draft must be written out in words when they pertain to the substance to the agreement. Empty spaces must be struck out.
The persons or their representatives, whose stipulations are contained in the draft must appear in person before the notary, who before proceeding checks their identity, legal status and their documents of empowerment.
The identity f persons unknown to the notary is certified by a document of identification issued by the authorized state organ. In the same manner the notary certifies whether the persons appearing before him have reached majority. In the absence of a document of identification the person certifies his identity with the help of two witnesses known to the notary.
475. The notary reads out to the participants the contents of the act. If they approve it they sign it before the notary, and if they have already signed it they confirm their signatures before him.
(Amends. - State Gazette, iss.28, 1983.) When one of the participants is unable to sign due to illiteracy or physical defect, the stipulations of Art.151 are applied and the act is signed by witnesses.
When it is necessary to make new entries, corrections and deletions an express note is entered on the act and signed as the act itself.
476. The notary act shall contain:
a) the year, date, day, and if necessary - the time and place of its performance;
b) the name of the notary presiding;
c) the name, surname and family name of the persons participating in the proceedings as well as their residence;
d) the contents of the act;
e) a short description of the documents certifying conformity to the requirements of Art.482, para.1, and
f) the signatures of the parties and the notary.
477. After completion of the act one copy is filed in a special record and the others are presented to the participants and deemed as official copies.
478. When one of the participants does not know Bulgarian and the language he commands is unknown to the notary the latter appoints a translator.
479. When a participant is literate but is mute, deaf or mute and deaf, the deaf person must read out personally the document and state his agreement, and the mute or deaf-mute after reading the document shall enter on it personally that he has read it and agrees with its contents.
When the above-mentioned persons are illiterate the notary appoints an interpreter through whom it is communicated to the deaf and deaf-mute person the contents of the document and the agreement of the deaf and deaf-mute person is communicated.
The notary shall find a way to assure himself that these persons understand each other.
In the cases of the preceding two articles the notary makes a special note on the act.
480. Witnesses interpreters and translators cannot be the following persons:
a) those of legal incapacity;
b) those illiterate in the Bulgarian language;
c) those who have a relationship with the persons stipulated in Art.468 or with the notary as described in Art.471. The interpreter may be a relative of the person participating in the proceedings.
d) those persons in whose favour there is a stipulation in the act;
e) those blind, deaf and mute, and
f) employees in the notary.
481. The witnesses, interpreters and translators take an oath and attest before the notary, with regard to Art.138.
They must sign the act.
482. In the performance of the notary act with which the right of ownership is transferred or is constituted, altered or terminated another proprietary right over realty, the notary must check whether the person doing so is the owner of the property. Apart from that he must check whether the special requirements prescribed by law with regard to the conclusion of such agreement are present.
The right of ownership is attested by the requisite documents and when the person does not have at his disposal such documents, the right of ownership is investigated in the proceedings under Art.483. Para 2.
The notary also enters on the act the performance of the investigation according to Para 1 and designates the documents attesting to the right of ownership and the other requirements.
When the document of ownership was not entered the notarized act shall not be performed until that document is entered on the record.
483. When the owner of property does not have a document attesting to this he may acquire such after attesting with the requisite written evidence before the notary his right.
If the owner does not have at his disposal such evidence or if they are insufficient the notary carries out a thorough investigation of the acquisition of ownership in time by questioning three witnesses nominated by the executive committee of the municipal (regional) people's council or the mayor's office in whose region the property is located. The witnesses are designated by the owner and should ideally be neighbours of the property.
On the basis of the evidendence under para.1 & 2 the notary rules with ordinance. If by it ownership is recognised the notary issues a notary act to the petitioner for ownership over the property.
484. The notary act set out in the previous article shall contain:
a) the stipulations in 'a', 'b', 'e' and 'f' of Art.476;
b) the names of the owner as well as his profession and residence, and
c) a detailed description of the property designating boundaries and location.
In the issuance of this notary act the stipulations of Art.474, para.4 & 5, 475, 478 & 479 need not be observed.
485. All persons may present to the notary a private document for the certification of the date of presentation before the notary or with regard to its contents.
In certifying the signature on a private document which is to be certified, the signatories must appear in person before the notary and sign the document or declare the authenticity of the signatures. The stipulations of Art.474, para.4 & 5, 475, para.2, 478 - 481 shall apply.
486. The certification of the date, contents and signatures on private documents is made by a note on it. In this case there are no special regulations, the notary shall be guided by the stipulations of Art.476.
For the performance of certification of the date or signatures, a notice is made in a special register for these certifications. In certifying the contents of the document the petitioner should produce a copy of it. After the certification the copy, duly stamped, shall be filed in a special file.
After certification private documents are returned to the persons.
487. In certifying the authenticity of copies of documents the notary shall compare those with the original and note on the certificate who presented the documents, as well as whether the copy is of the original document or of anther document and whether there are no deletions, additions and other peculiarities.
In this case Art.485, para.1, and Art. 486 are applied.
488. For the service of a notarized summons the petitioner must produce the summons in three identical copies. The notary notes on each one of them that it was served on the person to whom it pertains, when one of the copies of the summons is served to the person who is making the summons and the other is placed in a special file in the notary office.
The same process is applied by the notary with regard to all other notices, warnings and answers connected to civil legal relations.
LII. REGISTRATION OF LEGAL PERSONS AND FIRMS OF CITIZENS
(New chapter - State Gazette, iss.55, 1987, amends., iss.31, 1989.)
489. According to the rules of the present chapter are registered the institution, reorganisation and termination of legal persons and firms of citizens and the circumstances pertaining to them, when a law, decree or act of the Council of Ministers envisages entry on the court register.
The registers are kept in the municipal courts.
490. On the register shall be entered :
a) the type, name and seat of the legal person or firm of citizens;
b) the sphere of corporate activity;
c) the organs and persons who represent the legal person, the mode of representation and the liquidators;
d) other circumstances, provided by law, decree or act of the Council of Ministers.
Changes in the circumstances set out in para 1 are also entered.
Entries are published in the State Gazette if a law, decree or act of the Council of Ministers so prescribe.
491. The entry is made on the basis of the court decision in the place where the seat of the legal person or firm of citizens is situated. The decision contains the circumstances which shall be entered. The entry has force only with regard to those circumstances which must be registered.
492. The registers and files are open to the public and anyone may make an enquiry or request the issuing of a document regarding circumstances entered on the register.
493. The circumstances entered are deemed published to third parties as of the date of entry and that which should be published - as of the date of publication.
Each person in good faith may rely on the entry, even though the circumstance entered does not exist.
Circumstances not entered are deemed non-existent with regard to third parties acting in good faith.
494. The proceedings for entries begin with a written request from:
a) a legally empowered person;
b) an organ empowered to set up, reorganise and liquidate a legal person;
c) a citizen - in sole proprietor firms, the partners respectively in collective firms;
d) liquidator;
e) prosecutor.
495. The request shall contain:
a) the name and address of the petitioner;
b) the type, name and seat of the legal person or firm of citizens;
c) the circumstance to be entered.
The request shall be accompanied by the necessary documents regarding the circumstances to be entered as well as signature samples of the persons who represent the legal person or firm of citizens.
496. the request for entry is reviewed by the court in closed session unless it deems it appropriate to hear in open session.
The court investigates the presence of the circumstance to be entered and the appropriateness with regard to its entry and pronounces with a decision, communicates it to the petitioner and the prosecutor.
497. The decision for entry is liable to immediate performance.
498. When by a claim of action the inadmissibility and nullity of the entry is established as well as the non-existence of the circumstance entered, the court strikes out the entry or the respective circumstance ex-officio at the request of the prosecutor or the interested parties.
499. Corrections in the register are made at the request of the organs and persons set out in Art. 494 or ex-officio by the court following the procedure in Art. 496.
500. The decisions of the court in connection with the present chapter may be appealed by the general procedure or revoked in accordance with Art. 225 & 231.
501. The Minister of Justice issues an ordinance for the keeping and maintenance of the registers and entries.
TRANSITIONAL PROVISIONS
§ 1. Cases before courts of first instance already in the municipal or regional courts at the coming into force of thIS Code shall be concluded before the same courts, even though their jurisdiction changes in accordance with the provisions of this Code.
§ 2. Cases before courts of second instance already in the regional courts shall be at issue upon their merits by the same courts.
Cases already before the Supreme Court shall be reviewed in accordance to the rules of the present Code.
Cases for presenting accounts shall be concluded according to the established order.
§ 3. Pending claims before municipal courts for decreeing temporary decisions (Art. 162-a to Art. 162-u of GS) shall be reviewed in accordance with the stipulations in the present Code. In connection with the claim the claimant should deposit the subsequent fee according to the rules of the present Code, otherwise the claim is not to be reviewed.
Cases for which temporary decisions have been issued by the municipal judge shall be concluded according to the existing order.
§ 4. Pending cases on divorce of mutual consent shall be terminated. In claims for divorce raised before the entry into force of the present Code the rules under Art.256 - 258 shall not apply.
§ 5. The rules regarding evidence and the conditions for its admissibility set out in the present Code, shall be applied also to facts having occurred before its entry into force.
For all evidence collected before the entry into force of the present Code with regard to pending case the previous rules shall apply.
§ 6. Until the designation of new tax assessments of built up real property in case of dispute over the value of the claim in connection with Art.55b, the medium market value shall be taken, set out in a certificate issued by the municipal peoples council at the citus of the property.
§ 7. Regarding terms which had begun to run with regard to cases before the entry into force of the present Code the previous rule shall apply.
§ 8. Delegation to other laws or texts of repealed civil procedure laws shall apply to the respective text of the present Code.
§ 9. The builders may not rely on the stipulation of Art.339, 'c', with regard to their obligations stemming from constructions made by them up to the entry into force of the present Code as well as traders for obligations undertaken by them in this capacity.
§ 10. The present Code repeals: a) the Notary Act with the exception of Art. 1, 4 and 7; b) Art.11 of the Court Executives Act; c) the stipulations in other laws regarding the establishing by a claim action of facts of legal significance and d) all other regulations which are in conflict with it.
§ 11. Para 2 of Art.1 of the Decree for the Rights of BNB in liquidating its claims, etc (Not.iss.51, 1951.) and Para 2 of Art.49 of the Cooperatives Act is amended as follows:
" With regard to the appeal of a decision which honours or repeals a petition for the issuing of an executive writ as well as the mode for challenging the claim based on the executive writ the provisions of Code of Civil procedure shall apply".
§ 12. Art. 44. of the Family and Persons Act is repealed.
In Art.49 of the Family and Persons Act at the end are added the words: "If the claim is based on the guilt of the surviving spouse".
§ 13. With regard to challenging of executive writs issued on the basis of non-judicial acts before the entry into force of the present Code shall be applied the regulations in force before the Code.
§ 14. The public sale of real and movable property, for which notice has been served shall be completed according to the existing order.
The enforcement of the present Code is assigned to the Minister of Justice and the Chairman of the Supreme Court of the People's Republic of Bulgaria.
TRANSITIONAL PROVISIONSS
in the Amendment Act to the Persons and Family Act
and the Code of Civil Procedure
(Not., iss.90, 1955.)
§ 13. The existing marriages contracted with foreign citizens without the permission of the Chairman of the Presidium of the National Assembly shall be considered valid.
§ 14. The existing adoptions of Bulgarian citizens by foreign citizens without the permission of the Chairman of the Presidium of the National Assembly shall be considered valid.
§ 15. The pending conciliatory marital cases before the people's courts are terminated without transferring them to the regional courts according to jurisdiction.
The conciliatory procedure, established in Art.259 of the Code of Civil Procedure, shall not be executed on pending divorce cases before regional courts.
§4. TRANSITIONAL PROVISIONS
of the Amendment Actto the Code of Civil Procedure
(Not.,iss.90, 1956.)
Cases not terminated in court re:§1 (acc. to the new para 2 of Art.79) shall be concluded following the existing order.
TRANSITIONAL PROVISION
of the Amendment Act to the Code of Civil Procedure
(Not.,iss.90, 1958.)
§ 5. Cases already before courts at the coming into force of the present law, shall be concluded in accordance with the existing order, with the exception of cases before courts of second instance already before the regional courts which cases shall be decided according to para.3 of Art.301.
TRANSITIONAL PROVISIONS
of the Amendment Act of the Code of Civil Procedure
(Not.,iss.90, 1961.)
§ 1. In relation to a decision having come into force before the date of coming into force of the present law, the three year period referred to in Art.226, para.1, shall run as of the date of coming into force of this law.
§ 2. The three year period referred to in Art.233, para.1, starts as of the date of entering into force of the present law in the cases where the grounds for repeal of decisions in force have appeared earlier.
§ 3. Decisions on allowing partition as per Art.282, which were taken before this law had come into force shall be appealed in accordance with the existing procedures.
§ 4. A request as per Art.285 can be claimed only in cases where the decision on allowing partition is decreed before this law came into force.
§ 5. In pending procedures on legal partition cases proof can be allowed on an equal footing only if by the date of this law entering into force there was no decision issued on allowing the partition. If such a decision was issued before this law, evidence can be accepted only in connection with the points in Art.286.
§ 6. In cases when, before the date of the law entering into force, the court has allowed an extension of the payment period for the dues as per Art.288, the new para, last listed in the article, shall not be applied.
TRANSITIONAL PROVISIONS
to the Amendment Act to the Code of Civil Procedure
(State Gazette, iss.1 of 1963.)
§ 9. The pending executive cases, which fall under the stipulations in Art.323, para.2 of the Code of Civil Procedure shall be terminated in the judicial executive offices and shall be sent to the financial organs of the corresponding people's councils.
§ 10. The terms in Art.70a of the Code of Civil Procedure of the established cases start to run as of the date of this law entering into force.
TRANSITIONAL PROVISIONS
of the Amendments Act to Family Code and the Code
of Civil Procedure regarding limitations on eviction from housing
(State Gazette, iss.27 of 1973.)
§ 3. Decisions in force as per Art.28, para.2 & 3 of the Family Code shall be executed if the debtor in a period of one month as of the date of notifying does not claim an amendment of the issued decision on the basis of Art.28, para.1 of the Family Code.
§ 4. Decisions in force as per Art.238 of the Obligations and Contracts Act shall be executed, if the debtor within one month of the date of notifying does not claim to establish, following the legal procedure, that conditions for pointing out homes are present.
TRANSITIONAL AND CONCLUDING PROVISIONS
of the Amendment Act to the Code of Civil Procedure
(State Gazette, iss.28 of 1983.)
§ 51. Cases which are not concluded at the entering of this law into force and whose jurisdiction undergoes changes shall be reviewed by the courts before which they are pending.
§ 52. The stipulations in Art.98 & 300 shall not be applied with regards to not terminated cases before courts of first instance, cases generated up to the date of coming into force of this law, while cases before courts of second instance not terminated, shall be examined in accordance with this Act.
§ 53. Stipulations related to the evidence and the conditions necessary for their allowance, envisaged in this Act, shall be applied also with regards to facts having occurred before the coming into force of this law.
To evidence collected to serve pending cases up to the date of this law'a coming into force, the existing stipulations shall be applied.
§ 54. In connection with time periods, having commenced before the law came into force, the existing stipulations shall be applied, except in cases where the time for their completion is longer than the time periods stated in this law.
§ 55. Claims as per Art.24, para.2 & Art.26, 29, 64 & 86 of the Family Code shall be reviewed by the regional court according to the stipulations on jurisdiction, fixed by this Act, no matter which court, as a first instance, has issued the previous decision.
§ 56. § 14, para.3 of the preceding stipulations (Not.,iss.12 of 1952.) shall be changed as follows:
"The execution of the present Code is assigned to the Minister of Justice and to the Chairman of the Supreme Court of the People's Republic of Bulgaria."
§ 57. In the Pensions Act (Updated, not.,iss.91, 1957; corr. iss.92, 1957; amends and app., iss.104 of 1959, iss.51, 1961, iss.105 of 1962; State Gazette. iss. 103 of 1964, iss.92 of 1965, iss.25 & 101 of 1966, iss.102 of 1967, iss.59 & 97 of 1969, iss.48 & 63 of 1970, iss.3 & 61 of 1971, iss.36 & 65 of 1972, iss.53 of 1973, iss.34 of 1974,iss.3, 36 & 53 of 1975, iss.2 & 63 of 1976, iss.80 of 1979, iss.90 of 1980 & iss.9 of 1981.) Art.53, second sentence is amended as follows:
"A pension below the minimal working wage shall not be distraint, except in cases of alimony, overdraw of pension and for debts, arising out of crimes, not allowed damages and account defficiencies".
§ 58. The present Act enters into force as of September 1, 1983.
TRANSITIONAL AND CONCLUDING PROVISION
of the Amendment Act to the Code of Civil Procedure
(State Gazette, iss.55 of 1987.)
TRANSITIONAL PROVISION
§ 11. The stipulation in Art.226, para.1, second sentence shall not be applied in cases in which the period for entering a claim for review is over by the date of coming into force of this stipulation.
CONCLUDING PROVISION
§ 12. The stipulations in Chapter LII come into force one month as of the publication of this Act.
TRANSITIONAL PROVISION
to the Decree on Amendments of the Code of Civil Procedure
(State Gazette, iss.31 of 1989)
§ 3. The entries in the registers of the regional courts, entered by the date of coming into force of the present Decree, are authentic, and the records kept are handed over to the corresponding regional courts.
TRANSITIONAL PROVISION
of the Amendment Act to the Code of Civil Procedure
(State Gazette, iss.31 of 1990, amds., iss.62 of 1991, amds., iss.61 of 1993.)
All unresolved petitions and requests for overview shall be reviewed according to the procedure established in this Act. The stipulations entered on behalf of the Chairman of the Supreme Court and the Chief Prosecutor, before the Supreme Court up to 21 April 1990 for overview of proceedings before the collegium of the Civil Cases Division are to be resolved by the Collegium of the Supreme Court.
For decisions for which the one year period for appeal under Art.225, para.2 has not expired at the time of entry of the present Code, the new limitation of two months under Art.225, para 1 begins to run as of the entry into force of the present Code. For review are liable also before the Collegium of the Supreme Court those petitions for overview against decisions of the General Assembly of the Civil Division of the Supreme Court, entered before 21 April 1990, which had been allocated for review to the Collegium of the Supreme Court and the cases instituted on the basis of them had been terminated under the conditions of para.3 of Art. 58 of the Courts Operation Act (State Gazette, iss.31 of 1990) and the changes according to Art.227 of the Code of Civil Procedure (SG iss. 31 of 1990).
TRANSITIONAL PROVISION
in connection with the Amendment Act to the Code of Civil Procedure
(SG iss. 55 of 1992 )
§ 7. The cases pending before the courts prior to the entry into force of the present Code shall be resolved in accordance with the rules in force before it.