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Parental child abduction Bulgaria

After the increased mobility of EU citizen in Bulgaria and common marriages, cohabitations with foreigners increases the risk of parental parental child abduction Bulgaria

Child abduction is a very traumatic experience for the both sides and for the kid.

There are legal procedures in place to ensure that the children are returned to their country of residence

How loChild abdiction in Bulgariang it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.

Legal support Bulgaria of child abduction

It is important to establish as soon as possible what your parental rights are under the local law of the country to which your child has been taken.

You should obtain urgent legal advice about the laws and practice for the country concerned and the position regarding legal aid for legal costs.

This statement again concerns disputes relating to the unlawful detention or transfer of a child to a territory other than the country of habitual residence of a child.

Consideration of the issue is necessary due to the frequent cases in which parents living in different countries have a dispute over where and with whom the child should live.

At one point, usually due to a misunderstanding between the parents, one comes with the child to Bulgaria and refuses to return to the country where they all lived together before.

Bulgaria as a full member of EU is place for legal cases of international abduction of a child by a parent.

After the divorce or separation, one of the both parent decides to take the child to another country.Child abdiction in Bulgaria

He dissatisfied with the court decision or in the hope that the court in his or her homeland will be more favorable to him or her.

Parental responsibility in child abdiction cases

The exact definition of  child abdiction has been given in Hague Convention of International Child Abduction.

Parental child abduction occurs when a person takes a child away from the country of habitual residence.

That is the country they normally reside in, without the permission of either those with parental responsibility or the courts. In these cases, however, decisions are made in the

А/best interests of the child,

B/if it turns out that the return of the child would put him or her at risk of physical or mental harm, the court will not order the child to be taken away or detained. the return of the child to the country of his habitual residence.

According to the recommendations of the Permanent Bureau of the Hague Conference, states should promote legislation to reduce the risk of abduction.

Does your partner take your child to another EU country without your permission ?

The procedure of legal aid by parental child abduction Bulgaria

We could help you take the necessary steps to get your child back. The central bodies, determined according to Hague Convention is Bulgarian Ministry of Justice

  1. International Legal Protection of the Child and International Adoptions Directorate
  2. International Legal Cooperation and European Affairs Directorate

The Hague Convention on the Civil Aspects of International Child Abduction aims :

1. to ensure the immediate return of the child transferred illegally or detained in one of the Contracting States
2. to guarantee effective observance of the laws related to the exercise of parental rights and the right to personal relations.
The Regulation № 2201/2003  for the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
The Regulation applies between all Member States of the European Union, with the exception of Denmark. A court desicion in one state shall be recognized without special procedure.

Does your partner take your child in breach of a court order?

For help and support on how to get your child back, please call us to speak to one of our child abduction experts on + 359 897 90 43 91 or  send us a mail office@lawyer-bulgaria.bg

Land aquisition in Bulgaria

The citizens of Great Britain can no longer buy land in Bulgaria and land aquisition in Bulgaria. The ban does not affect past cases, as well as the purchase of other real estate – apartments, houses, etc.

Changes after Brexit – 01.01.2021

Land aquisition in Bulgaria

rom January 1, citizens and companies from Great Britain can no longer acquire land (including agricultural land, forest land) in Bulgaria except by inheritance by law.

The reason for the restriction is that they have the status of third countries for the European Union as a result of the the BREXIT from the European Union.

The ban does not affect the acquisition of ownership of other real estate (apartments, houses, etc.). Land aquisition in Bulgaria

According to the agreement of December 30, 2020, Bulgaria has explicitly expressed a reservation, retaining the effect of Article 22 of the Constitution

The foreigners and foreign legal entities may acquire the right to own land under the conditions arising from the accession of the Republic of Bulgaria to the European union

In this situation, the British citizens and companies that acquired land in Bulgaria by December 31, 2020, enjoy the protection of the Constitution.

The Constitution states that the alienation of property rights can take place if they are present at the same time. three prerequisites: “on the basis of law, in the presence of state or municipal needs that cannot be met in any other way after prior and equivalent compensation”.Land aquisition in Bulgaria

The restiriction for the foreign cititizens

The restriction can be circumvented if British citizens own a company registered in Bulgaria. Land aquisition in Bulgaria

This possibility exists only for land located in urban areas, because the Law on Ownership of Land prohibits companies in which partners or shareholders are foreigners, to aquire agricultural land.

Avioding the regulations 

The very simple way to avoid the regulations is to set up a private company in Bulgaria and purchase the land.

It is important to specify that foreign nationals from  EU Member States or countries  party to the Agreement on the European Economic Area may acquire land under the conditions:

  1. From 01.01.2012 – land for a second home (other than the main one);
  2. From 01.01.2014 – agricultural land, forests and forest land with the company registered in Bulgaria;
  3. For EU citizens ßself-employed farmers can currently acquire ownership of agricultural and forest properties for agricultural use.

 

Domestic violence in Bulgaria

A victim of domestic violence can be a Bulgarian citizen or a foreigner, an adult or a minor. The lockdown from 2020 has incresed the cases of domestic violence in Bulgaria.Domestic violence in Bulgaria

Our team is highly experienced in dealing with matters of harassment and domestic abuse which arise in the context of a family dispute.

We have the necessary expertise and support from our colleagues in other teams to advise and assist those suffering from domestic abuse and harassment.

Combating domestic abuse and harassment does not necessarily mean contacting the police, a prosecution and criminal convictions.

There are a number of remedies available in the civil and family courts which can afford protection to you without resorting to criminal proceedings.

Domestic abuse concerns itself not only with your immediate spouse or partner, but also wider members of your family and household.

If you are suffering abuse or harassment from someone who is not your partner or spouse, there are remedies available.

Legal protection in domestic violence

Domestic violence can occur in a number of different ways. It can be physical or sexual abuse, but it can also be emotional, psychological or economic abuse, and some people have been exposed to it for so long that they do not even recognise it as abuse. Domestic violence can be perpetrated by both men and women.

The act of domestic violence is a type of illegal act and its consequences may have a different nature.

What is domestic violence ?

A domestic violence situation may lead to one or both parties seeking an intervention order.

These orders can become important in family law matters including parenting and property proceedings.

In some cases, where there have been findings made by a Magistrate in a contested intervention order proceeding, one or both parties may be prevented from re-agitating those issues in the Family Law Courts unless there is different or new evidence which might affect the initial findings.

If you are experiencing domestic violence in your relationship, there any many community organisations you can contact for help. Armstrong Legal provides a no-obligation initial appointment that is confidential.

Our family lawyers are sensitive to the issues surrounding domestic violence and assist victims of domestic violence, both male and female, on a regular basis.

We also have a team of criminal lawyers that can assist if required in respect of any intervention order proceedings.

A domestic violence situation may lead to one or both parties seeking an Order.

The orders should be delivered by police office.

These orders can become very important in family law matters including parenting and property proceedings. Our lawyers support drafting a claims for domestic violence.

Measures for protection against domestic violence:

Domestic violence in Bulgaria

1.Placing the respondent under an obligation to refrain from perpetrating domestic violence;

2. Removing the respondent from the common dwelling-house for a period specified by the court;

3. Prohibiting the respondent from getting in the vicinity of the victime, his/her home, place of work, and  places where the victime has his or her social contacts or recreation, on such terms and conditions and for such a period as is specified by the court;

4. Temporarily relocating the residence of the child with the parent who is the victim or with the parent who has not carried out the violent act at stake, on such terms and conditions and for such a period as is specified by the court, provided that this is not inconsistent with the best interests of the child;

5. Placing the respondent under an obligation to attend specialised programmes;

6. Advising the victims to attend recovery programmes.

The appeal claim could filed in the court within 7 days.

The appeal claim don’t suspend the execution of the order.

The district court shall consider the appeal within 14 days in open session with summoning of the parties

Every side has a ride to ask for uphold, revoke or amend the appealed decision.

The appeal court could amends the order, the court issues a new order.

If you have any questions related to domestic abuse, we want to hear from you.

Call our law office at + 359 897 90 43 91, confidential consultation with a Bulgarian domestic violence lawyer or contact us online.

How to set up company in Bulgaria ?

We are supporting foreigners, who come in Bulgaria to start a new business company. That is the reason, why the clients usually ask us how to set up company in Bulgaria ?

Bulgaria is situated in South-Eastern Europe. It is bordered by Serbia and Macedonia to the west, Greece and Turkey to the south, the Black sea to the east, and Romania to the north.

The limited liability company is one of the most popular choices for starting business actities in Bulgaria.

Saving taxes is one of the reasons why many business people and companies have chosen to set up a company in Bulgaria.

Bulgaria offers an excellent fiscal climate: a flat corporate income tax rate of 10%, a flat personal income tax rate of 10%, a dividend tax of 5% (dividends distributed to parent companies in the EU are taxed at 0%) and a wide network of double tax treaties.How to set up company in Bulgaria ?

Our clients know and using the advantages of the favorable tax level and business climate in Bulgaria.

There are few legal steps, which need to be followed to register a company in Bulgaria.

t’s very important to note that foreigners face legal instrictions on set up a new business company in Bulgaria.

Bulgaria has a simplified process of registering companies for foreign businesses.

How to register a company in Bulgaria ?

The clients could register a company from their countries without visiting Bulgaria and spening a money for business trip.

A limited liability company is a commercial company formed by one or more natural or legal persons who are liable for the company’s obligations up to the amount of their contributions to the company’s registered capital.

The entire registration process could be done through the simple power of attorney.

Think about the name of your company and address in Bulgaria. This is very important for the contact with tax office and Bulgarian authorities.

The limited liability company is a simple legal form of business activities in Bulgaria.

This is special form of established by the small and medium companies in Bulgaria

The company should have a manager, appointed by the general meeting of the shareholders.

The name of the company must be unique – thnk about the specific name of your company in Bulgaria.How to set up company in Bulgaria ?

The limited company in Bulgaria should have a initial company capital which has to be deposited in a local bank account.

The minimum start-up capital is BGN 2, which must be divided into shares with a registered value of no less than BGN 1.

We suggest to use our address as a sit and adress of your company and settle a scope of activities, which will be nessesery for the documents.

The entire documents and process of drafting the papers finished with signing and verification of signatures and documents.

After the documents has been signed, you should get an apostile for them

How to find a good lawyer Bulgaria ?

At times when we are facing a certain legal obstacle, whether it is a traffic accident or a commercial dispute, we often want to be aware of our legal rights. The question always will be how to find a good lawyer Bulgaria ?

How to find a good lawyer Bulgaria ?

In these cases, everyone usually turns to a law firm seeking legal assistance.

efore starting your research, characterize the legal case and find out to which branch of law it belongs.

The field in which your legal problem is located also determines the type of lawyer you are looking for.

Most lawyers  has been specialized in specific areas of law – family and inheritance, commercial, accident law, criminal, etc.

It is important to approach a person with knowledge and experience in the field of your case.

The legal way of find a good lawyer in Bulgaria ?

The reputation of the respective company is extremely important, in addition to a guarantee of good faith and professionalism, it is also a reliable tool in choosing a legal representative.

    • By recommendation of friends or Internet users

Recommendations and references from friends, relatives and acquaintances are the best way to find a lawyer

Usually these people have no direct interest, nor are they financially favored by the recommendation of a particular lawyer.

Your relatives could share with you their objective opinion about the work of the respective specialist or team, revealing both the positives and the negatives.  

  • Through cyberspace resourcesHow to find a good lawyer Bulgaria ?

If you are unable to find a loved one who has used the legal services of a specialist, take advantage of cyberspace resources.

You could do online research in official directories, forums, on the websites of law firms.

Our suggestion

Prepare & Draft a short list of your potential lawyers and their contact details.

This would help you organize your search.

Before arranging a meeting with the chosen person, try to describe the situation briefly and clearly on the phone.

This would allow the specialist to prepare and make your conversation more productive.

Our Bulgarian business law firm offers reasonable options for work and flexible fees doing business in Bulgaria.

Just call us on + 359 897 90 43 91 or send us a mail at  office@lawyer-bulgaria.bg

Recognition child maintenance orders

Recognition child maintenance orders Following the accession of the Republic of Bulgaria to the EU, as regards the recognition and enforcement of decisions and other acts issued in other EU Member States, EU law and the standards established and incorporated in the CCP shall apply.

There is also clarity and a relatively easy way to allow the enforcement of decisions and other acts issued in other EU Member States.

That Convention continues to apply to other countries. Recognition child maintenance orders

The Regulation applies in civil and commercial matters and has detailed rules in a number of areas including consumer contracts and individual employment contracts.

The family law in Bulgaria

The Family law, is regulating the family relationships, including marriage and divorce, the treatment of children, and related economic matters.

Whether you are planning your future, require assistance during a difficult time or need someone to fight your corner, we have the legal expertise to support and guide you through whatever this may involve.Recognition child maintenance orders

We can advise you on a wide range of family and divorce issues including:

  • Divorce
  • Children
  • Financial statements
  • International family law
  • Prenuptial and postnuptial agreements
  • Cross-border pension claims
  • Custody and guardianship of minors
  • Regulation of parent-child relations
  • Cross-border visits between parent and child
  • Modification and breaches of visits
  • Recognition of foreign judgments
  • International Child Abduction
  • Succession, national and international inheritance law, including estate planning and drafting of wills and legal assistance before the courts.

It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security. Here we are only concerned with its role in relation to family law.

It does apply to maintenance orders in family law cases.

It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders. The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.

The procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.

The rules of recognition of court decision in BulgariaRecognition child maintenance orders

According to part four of the Bulgaria law act for international claims the conditions introduced in Art. 117  for recognition and approval of enforcement are the following:

  1. – Decisions and acts of foreign courts and other bodies are recognized and enforced when:
  2. – the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
  3. – the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
  4. -if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
  5. -if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
  6. – recognition or approval of the performance does not contradict the Bulgarian public order

Maintenance matters may also be decided by the court which is dealing with divorce or separation proceedings, provided its jurisdiction to do that is not based only on the nationality of one of the parties. Recognition child maintenance orders

Start-Up Business Lawyer Bulgaria

Our Bulgarian business lawyers offer a range of start-up business legal services to entrepreneurs, inventors, and business professionals throughout Sofia. 

We work closely with each new start-up from organization through each phase of growth and expansion, handling all business transactions and business litigation matters that every start-up in the first few years of operation. Start-Up Business Lawyer Bulgaria

Our Corporate lawyers offer more than just legal counsel

Because our Bulgarian law firm’s main focus is providing counsel to entrepreneurs, small businesses and start-ups – and have been successful in helping launch start-ups in a variety of business industries – we are more than just a business law firm to our clients. 

Our Bulgarian business lawyers have the capability to offer strategic insight on how to quickly integrate into new or existing markets and industries, and our business law firm will help connect new business owners and entrepreneurs to experienced, hardworking service providers; such as, legal accountants, business developers, project designers, home network professionals, insurance agents, etc.

If you’re ready to take the next step, and are looking to efficiently and effectively launch your new start-up business, or take your brand to the next level, please contact our Bulgarian business law firm to learn more. Start-Up Business Lawyer Bulgaria

Our Bulgarian Business Law Firm’s Philosophy in Working with New Start-up Business’

Regardless of the level of assistance you and your Bulgarian start-up business needs from our law firm, you can be assured of receiving quality, efficient, and personalized legal and business counsel. Start-Up Business Lawyer Bulgaria

We truly believe in establishing long-lasting relationships with our new start-up clients.  Our Bulgarian business law firm has a wealth of resources that will save you and your company time and money, and allow your business to hit the ground running in a short period of time. 

We understand that new start-up has budget limitations and we will work hard to provide reasonable flat-fee’s for our legal services.

How to set up a company in Bulgaria ?

Company formation in Bulgaria falls under the requirements of the Commercial Code and to set up is quite easy and simple.
To open a company in Bulgaria you must select a type of entity, submit the required share capital and prepare the nessesery documents for verification and futher registration into commercial Register in Bulgaria.
When it comes to setting up a business in a foreign country, it is best to be aware of conditions to be met and of related procedures. Bulgaria, located in South-East Europe, is very open toward foreign investment.

Over the years, many foreigners worldwide, but especially from European countries, have successfully managed to set up a business there thanks to incentives provided by local authorities, as well as rather simple procedures.
In fact, there are no restrictions on foreign investment, but you must have a tax address to be allowed to do so. In fact, the tax address can be created by a third party and changed once the company has been set up. Our corporate lawyers in Bulgaria will help you start your brand new company in Bulgaria.

How much time need to open a new company in Bulgaria ?

Usually setting up of a business company in Bulgaria takes between two and three weeks. In the first instance, partners have to meet before a public notary to jointly define the company’s status and adopt the company’s constitution, along with establishing the hierarchy. The founder will then sign a notarized agreement. A certified copy of the declaration of incorporation will subsequently be issued. Note that these formalities should be completed within a single day.

Business transactions in Bulgaria

The legal contracts and transactions form the foundation of business contracts and business transactions should include descrption of rights, obligations of the parties. Business transactions in Bulgaria

Whether you have a small business or a large business, the payment of litigation costs are high.

We offer you legal services conducted by our experienced lawyers.

In our offices, we have a handpicked network of local lawyers, who will help you with any kind of legal issues

What we offer you, by doing a business transactions in Bulgaria ?

We provides a wide range of legal services to support your business.

We offer a day-to-day legal support, as well as legal consulting services in complicated nonstandard situations.

Our law office represents the interests of its clients at closings of transactions, dispute resolutions. We are offering a  and other legal issues between private entities and with public institutions.

Business transactions in Bulgaria

Therefore, when drafting a contract or business transaction a lawyer should always keep in mind what may happen in the future.

We have experience in litigating contract disputes at our law office in Sofia, Bulgaria.

How to structure the business transactions in Bulgaria ?

We have found that our business litigation practice enables us to spot many holes in a contract that could form the basis of a lawsuit should a dispute arise.

Therefore, we spend a good amount of time drafting business contracts and business transactions to avoid potential downstream litigation.

What is the most important issue by business transaction in Bulgaria ?

We have seen contracts written by others wherein the remedies made available in the contract were unenforceable.

For that reason, when drafting a transaction or business contract, we make every effort that should a breach of contract occur, our clients have the necessary contractual rights to recover all of their damages.

Business transactions in Bulgaria

When drafting contracts for a new or existing business, it is necessary to predict future situations your business may encounter.

Quality business contracts take into consideration a multitude of factors that may not be obvious to you

Whether you are opening and established business, you should seek the advice of a trained business transactions attorney

This will help you protect your rights and your business.

 

How Do I Start A Business?

You have an idea for a business, but you are unsure how to start the business. Some entrepreneurs rent a building and open their doors to the public without much thought or preparation. Other individuals may create a website to sell products or services online. However, other entrepreneurs may seek the advice of an attorney to develop a business plan, choose a business entity, review assets, andincome, determine if a patent or trademark is required, and resolve countless other business-related issues.

Do I need an lawyer to draft the Business transactions documents ?

It may be tempting to use a DIY business contract or an online document preparation service. However, there are at least four reasons why you should hire an attorney to draft your business contracts. You want to ensure that the contract is valid and enforceable. If you need to litigate the terms of the contract, discovering the contract is invalid in court can result in substantial losses. On the other hand, you also want to ensurethat you are not entering intoa contract with terms that would be harmful if you are bound to those terms. Customizing a contract template may appear easy. However, if you delete the wrong term or leave a term in the contract that should be deleted, you could have unintentional legal consequences. Lastly, you may not be protecting your best interests if you do not utilize the experience and legal knowledge of a business transaction attorney when drafting business contracts.

Does my Business transactions need a contracts?

In almost all cases, a business needs to use contracts for various transactions and relationships. You will likely have contracts for rent or lease payments, suppliers, vendors, employees, contractors, real property, building contractors, service contracts, etc. it can be difficult to understand all laws related to contracts. However, it is important to feel confident that your contracts protect your best interests while providing you lucrative returns.

Should I talk to a lawyer after I launched the business transactions ?

It is better to consult with a business attorney before you launch your business. Your lawyer can provide valuable legal advice, support, and guidance as you take steps to structure and protect your business so that when you open your doors, you are confident you can make this business profitable for years to come. However, if you began your business without consulting with an experienced business attorney, it is never too late to seek competent legal advice.

What are the important steps of business litigation in Bulgaria?

The Bulgarian Civil Procedure Code setlle the nessesery legal steps of business litigation cases are filing a petition with the relevant court desicions, summoning the defendant or third parties, the examination of the claim and attached evidences, court hearing the case and the final ruling.

Which are the main requirements for foreign investors in Bulgaria

Every foreign investor could start easy a business in Bulgaria by opening a company in Bulgaria. They can register limited companies in Bulgaria like any other place. There should be clared the sit and address of the company, the manager and size of the capital and the scope of business and commercial activities in Bulgaria. The minimum share capital to open a limited liability company in Bulgaria is 1 Euro.

Business contracts in Bulgaria, like any business agreement, involve an exchange of promises that the law will enforce, or a writing which contains the principal terms to which the parties have agreed.  Business Contracts in Bulgaria

An enforceable business contract executed in a business transaction will generally include the following elements:

  • Offer – an offer by one party to do something;
  • Acceptance – one party’s agreement to the terms of the offer;
  • Consideration – right, interest, profit or benefit accruing to one party;
  • Intention to Be Legally Bound;
  • Legal Purpose – the contract must be for a legal purpose;
  • Capacity – age, mental capacity, and legal existence are all issues of capacity;
  • Mutual Assent  – a meeting of the minds or mutual agreement; and
  • Certainty of Terms – the promises of the parties must be clear.

It must be clear from the business agreement https://lawyer-bulgaria.co.uk/the promises that each party is making.  Without some description of the terms and conditions of the parties, a court will be unable to enforce the business contract against either party.   Our Bulgarian business lawyers call this type of contract an illusory business contract. Business Contracts in Bulgaria

An illusory contract is most often between two parties whereby one party making the promise to perform is under no obligation to fulfill the promise and thus the contract is unenforceable against said party.  The terms and conditions of the business contract must be sufficiently definite to allow for the business agreement to be enforced.

Business Contracts in Bulgaria

Every written business contract in Bulgaria should describe the substantive terms of the parties’ agreement, as noted above. 

In addition, there are numerous boilerplate clauses incorporated in every business contract that are equally important.

The following are a few business contract boilerplate clauses that our Bulgarian business attorneys frequently use: a business contract in Bulgaria like any agreement, is an exchange of promises that the law will enforce, or a writing which contains certain terms and conditions to which the parties have agreed.

An enforceable business contract will generally include the following elements: offer, acceptance, consideration, intent to be bound, legal purpose, capacity, mutual asset, and certainty of terms.