Bulgarian Legislation has a several levels of court litigation. Basically yhe court litigation in Bulgaria has been created and settled in four different instances (stages).
The first instance court litigation in Bulgaria – the city court
The first instance court litigation in Bulgaria involves the investigation and filling up the statement of claim. During the first stage of the litigation in Bulgaria, a lawyer starts the investigation of the factual basis of the claim and the legal theories of liability.
After the claim is filed together with all available written evidence, the defendant party in the litigation in Bulgaria shall be officially notified by the court and shall submit its position, also known as a “response”.
Usually it denies the allegations, filed by the offender party and denies any liability for the claim.
The judge shall schedule open court hearings for the litigation in Bulgaria where witnesses and experts appointed by the court may be questioned by the judge and the parties. Once the judge decides that all
facts on the case of the litigation in Bulgaria are clear, the parties present their final oral arguments, and the case is closed.
The judge renders the decision in close chambers and officially notifies the parties on its content. The first court instance of the litigation in Bulgaria may take one to three years depending on the complexity of the dispute.
The second instance court litigation in Bulgaria – the appealing court
Within two weeks after the notification for the first instance court decision in the litigation in Bulgaria the parties are entitled to appeal it before the second instance court.
Under certain conditions the panel of three judges may allow new written and oral evidence. This stage of court litigation in Bulgaria usually takes one and a half year.
The third (last) court instance litigation process – the Supreme Court of BG
The third final stage of court litigation in Bulgaria is the cassation stage, which in contrast to the previous stages is not applicable to all cases.
Both parties are entitled to file a cassation appeal, however, the Supreme Court of Cassation decides which cases will be heard depending on their subject matter and significance for the development of the law.
The cassation decision of the litigation in Bulgaria is mandatory not only for the parties but also for the judges when deciding on similar cases. This stage of court litigation in Bulgaria usually takes one and a half year.
Execution stage of court litigation in Bulgaria
The fourth and last stage of the court litigation in Bulgaria is the execution of the final decision on the case. A writt of execution shall be issued by the court, then public and private bailiffs are vested with enforcement powers.
In case the debtor does not pay voluntarily, the bailiff shall attach and sell its property (i.e. money in bank accounts, real estate assets, movables, etc.) until the final satisfaction of the creditor.
Execution tends to be more successful if the creditor has been granted interim relief prior or during the court litigation stages securing its claim in advance.
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Judicial split – When co-owners fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court. This way of termination of the co-ownership is settled as a particularly indisputable production, which takes place in two phases .
Any joint proprietor may file a claim for a division, which is always subject to the district court of the place of inheritance (in the case of a division of inheritance) or the location of the property (in the case of a split of a real estate). Where incapacity or abstention is involved in the partition, prior permission of the District Court is required.
Division by Court settlement. In any case of a court case (prior to the entry into force of the court decision on the distribution of the property), the judicial separation may end with a court settlement. The latter includes a contract between the parties for the distribution of properties and a definition by which the court approves the settlement if it does not contradict the requirements of the law and good morals.
A particular type of court settlement is the agreement of the spouses to divide their property upon divorce by mutual consent.
Judicial division of property
FEATURES OF THE JUDICIAL DIVISION ARE FOLLOWING:
– First phase of the judicial split of property
In the first phase of the partition the issues between who will be partitioned, which properties and what is the part of each ofthe partitioners are clarified .
The action for partition is not extinguished by prescription. The subject matter of a division may be all or part of the property, unless the law provides otherwise, or if it is incompatible with the nature or purpose of the property. If one of the co-owners does not take part in the division, it is entirely null and void.
The court decides by a decision on the admissibility of the division, which is subject to self-appeal, after its entry into force, a new hearing is scheduled and the division continues in its second phase.
At the request of some of the distributors, the court ruled on the issue of the temporary distribution of the use of the property until the end of the divestment and the sums that the users should pay to the others.
– Second phase of the judicial split of property
In the second phase of the division a real distribution of the shares admitted to partition is made between the parties that are recognized as co-owners and according to the established shares with the court decision of the first phase of the admission of the division. Whenever possible, each of the partitioners should receive a real share of the objects subject to the divestment, as the units are equalized with money.
In the second phase of the division, if submitted, the following shall also be considered:
the claims on the accounts of the distributors to recognize the costs he has incurred to increase the value of the property
claims to increase the inheritance (inheritance split)
as well as for the assignment of an indivisible residential property (in the case of a divorce of a matrimonial property community or an inheritance).
The casting may be done by drawing lots or by partitioning where the prerequisites provided for in law are available. Where a property is unalterable and can not be placed in one of the lots, the court shall order it to be put out for public sale.
This phase of the division ends with a court decision that has the power of a notary deed on shared real estate and is subject to entry in the Registry Office on the location of the property.
judicial split of property
– Public sale of the real estate
Upon completion of the partition procedure, it is possible to reach a public sale when the object of the division is an inseparable property that is not assigned to any of the partitioners (Article 354 (1) of the CCP) or when, after being placed in a share the co-ordinator has not paid to the remaining amount determined by the court for equalization of the units within six months from the entry into force of the award decision (Art.349, para 6 of the Civil Procedure Code).
Where the co-owner to whom the property is awarded fails to pay the remaining monetary equation within six months, the award decision is invalidated by law and the property is exported to a public auction.
.In this case, the property may not be sold for public sale and assigned to another co-owner if it has made a request for an assignment, the legal prerequisites are in place, and he immediately pays the price at which the property is valued at the split, less the value of his share in it.
When making the sale, the distributors take precedence over the third parties involved in the sale, each of them being able to buy the property at the highest bid. If several distributors wish to redeem the property at the highest price offered at the first sale, a new sale is only made between these dividers, which is carried out under the general rules.
After that the actual distribution is executed. With the help of an expert the court divides the real estate by creating of separate shares for each co-owner after which each of them receives his property by lot.
If the divided property is non-dividable and it can not be put into one of the shares then according to the art. 348 of the Civil and Procedural Code such property should be sold on a public sale which the parties can attend and where they can bid.
If the indivisible property represents a dwelling unit then according to the art. 349 para. 2 of the Civil and Procedural Code each of the co-partitioners who, upon the opening of the succession resided therein and does not own another dwelling unit, may move that the said dwelling unit be allocated to the share thereof, with the shares of the rest of the co-partitioners being equalized by another immovable or by money. Where several co-partitioners satisfying the conditions of sentence one lay claims to allocation of the immovable to the share thereof, preference shall be given to the co-partitioner who offers a higher price.
Each party of the case for judicial division pays the outstanding court fees according to the market price of the received share. There are no obstacles for the parties to make an agreement about the way of termination of the co-ownership during the judicial division and to arrange a court settlement.
Our family lawyer has been asked many times for the reasons and legal grounds for divorce in Bulgaria. Hiring a lawyer is advisable to avoid any futher problems.It is necessary. There are no formal impediments that would prevent either party from filing a petition in court.
Finally we would like to show basically the two important legal, grounds for divorce are set out in the Bulgarian Family Code: irretrievable breakdown of the marriage and mutual consent.
Divorce through breakdown of the marriage: Article 49 FC
Each of the spouses is entitled to petition for divorce where there has been a ‘serious and irretrievable breakdown’ of the marriage.
(2) When granting the decree of divorce the court makes a ruling on its own motion on the issue of the fault for the breakdown of the marriage, unless the breakdown is caused by objective factors which cannot be ascribed as the fault of either spouse.
(3) The court does not rule on the issue of fault for the breakdown of the marriage where the spouses so request and they submit to the court their agreement on the custody of any children and access to and maintenance of the children, and also on the division of their property, the use of the matrimonial home, the payment of maintenance and the use of the family name.
(4) A divorce is not allowed where the breakdown of the marriage is due solely to the misconduct of the petitioner and the
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
respondent wishes to preserve the marriage, unless there are important reasons why the divorce action must continue.
Divorce by mutual consent: Article 50.FC
Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for terminating the marriage. A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.
Agreement reached by the spouses in a divorce by mutual consent:
Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.
Both parties must sign an agreement, which may be drafted in couple of languages – it’s imperative, that one of them is Bulgarian. In case of a lawsuit, relevant for the court will only be the one drafted in Bulgarian. An agreement must be reached about all of the following:
The divorce will follow trough by mutual consent.
If there are children, born during the marriage – who will exercise effectively the parental rights, with whom will the children live respectively; what amount of child support is to be payed – child support may not be less then 125 BGN per month for every child.
When will the parent, who’s not effectively exercising the parental rights, be allowed visiting, personal contact, and personal time with the children.
Who will be using the family home, if there is one, and it is located in Bulgaria.
It should be noted, that according to the Bulgarian legislation, unlike other countries, the divorcing parties are entitled to alimony only in specific cases, where one of the parties is unable to work or maintain itself trough estate property, due to medical condition.
Article 51 (1) In a divorce by mutual consent the spouses have to include provisions in the agreement regarding the discharge of parental rights and obligations, their personal relations, and the maintenance of the children, and also their property relations, the use of the matrimonial home, the payment of maintenance and the use of the family name. The agreement is ratified by the court after it is satisfied that the interests of the children have been protected.
(2) Where the agreement is not complete or the interests of the children are not well protected the court sets a term within which these defects should be remedied. If the defects have not been remedied within this term, the divorce petition is dismissed.
Applications for child custody and child maintenance after the termination of a marriage by mutual consent
Most transactions involving real estate in Bulgaria require a notary at the location of the property. A notary may be used for a range of other dealings: to certify your signature on documents (for instance on contracts); to help you execute a Power of Attorney; to deposit a will for safe-keeping; to transfer a car or other vehicle, etc.
Bulgarian notaries are a regulated profession separate to Bulgarian solicitors (who are referred to as Bulgarian advocates), and Bulgarian notaries have a very specialised role. They function as trusted parties and repositories for certain types of formal business.
Notaries cannot also be members of the Bulgarian lawyer association, and being highly-specialised cannot generally assist with preparing the documentation or advising on the transaction or legal business you may be planning even though they are uniquely placed to help you give it formal effect. We are in a position to help you with these.
Scope of Notary Related Services
We draft and finalise all types of notary deeds — e.g. for the transfer of real estate through sale and purchase contracts, through gifts, by inheritance, etc. We are also in a position to advise you when and how to use the notarial form of contract to your advantage.
Because of our extensive experience and network of contacts among Bulgarian notaries, where more than one is available, we are able to liaise with them for you and ensure that you obtain the best service.
Verification of documents with an apostilles
Sometimes, if a document is required to be presented in Bulgaria but was signed or otherwise prepared outside Bulgaria, the document would need to be:
(a) certified; and/or
Apostillisation is designed to replace the older procedure of legalisation, and is governed by an international convention (we refer to this as “the Apostille Convention”).
An even simpler procedure may apply where the document was prepared in one of a small number of countries enjoying agreements for special assistance in civil and judicial matters with Bulgaria: contact us to find out if your country of interest is one of these.
By far the most common situation involves documents which do require an apostille. Apostilled documents are immediately recognised in all other Apostille Convention states simply by having a special seal (‘apostille’) attached, and can be used (subject to a certified translation) in place of notarised documents. In property transactions, apostilles may be needed on Powers of Attorney and on several of the documents in the procedure for company registration (if a company is used).
We can help you obtain apostilles. You just need to visit, getting the draft of documents HM Government’s office for apostille processing. This allows us to prepare an apostille for you and deliver the certified POA, etc, to Bulgaria within several days of your instruction.
In EUROPEAN countries, we maintain relations locally to allow us to apostille your document for use in Bulgaria as fast as possible. Equally, we can procure legalisations, certified and sworn translations of documents and certifications of documents produced or executed in Bulgaria for use in other countries. Contact us further for this.
Drafting of Notarial Deeds
Using a lawyer rather than a notary to prepare a notarial deed is wise for most property buyers or sellers. It commonly reduces legal costs by 0.5% of the purchase or sale price of the property.
Together with our thorough experience investigating property title and conducting Bulgarian legal due diligence, this creates a one-stop shop – we deal with both the formalities and the substantive protection of investors’ interests.
Given that Bulgaria still has a somewhat decentralised system for recording title, it helps to smooth the process that we maintain regular relations with the competent governmental authorities.
Certification OF LEGAL DOCUMENTS
We certify documents from other jurisdictions for use in Bulgaria and vice versa. The ones most commonly used are: certification as true copies; for the authenticity of signatures on them; for use in legal proceedings; as witness statements; and as sworn statements and affidavits. We also prepare/help execute Powers of Attorney (POAs).
We offer procedural representation in Bulgaria to clients involved in international legal disputes in administrative, civil and penal matters.
If you need our legal assitance, do not hesitate to contact us immediately ! Our law firm D. Vladimirov & Partners is here for you to support your business to start well and seamlessly, so that you will be able to take advantage of all the opportunities and options our country is giving you.
Call us for more information on + 359 897 90 43 91 or send us your inquiry on firstname.lastname@example.org
Our law office D.Vladimirov & Partners provide a professional legal services to buying a property in Bulgaria and legal support to all property buyers in Bulgaria. As buyer of property If you would like to buy an apartment in Bulgaria, you need to purchase also an ideal parts of the building right upon the land.
The entire process of buying a property in Bulgaria is complicated so we need to check the ideal parts of the ownership right and also the land plot for lack of encombrances.
Usually the construction companies would like to sell this ideal parts of the land plot, because they don’t need it, but this plot of land belong to the owners of the each living unit in the building, which means, everybody, who is owner of apartments in the bulding, should have some ideal parts of the land plot, transfered on the Notary public without additional payment.
If you would like to acquire the ideal parts of the land plot, on which your apartment is built, and you have the agreement of the owner of the land plot, we are ready to support you or your company or preparation of the relevant documents and representation at the Notary transfer.
The process of property acquisition and disposal can be lengthy and complicated and we advise our clients on the significant commercial implications that might arise.
We advise on and draft development agreements, provide legal assistance in construction, planning and site disposal matters, fund-raising arrangements, freehold transfers and any associated due diligence reports.
We assist in the acquisition of real estate in Bulgaria and in the subsequent implementation of investment projects in the field of hotel management and tourism, golf courses, office and commercial buildings, industrial construction works, and renewable energy projects.
Please note we are chariging you for real costs and legal fees, state fees and the tax for transferring of ownership). If a travelling out of Sofia is needed, this would be calculated additionally.
Property legal check-up
Working with many international clients & corporate, our law office D.Vladimirov & partners has created a stable legal work policy for checking of the legal status of your property in Bulgaria.
Acting as a qualified property lawyers in Bulgaria, we performing the legal check services for our clients, depending on complexity of every case in the Bulgarian property register.
We check in the Bulgarian property Register the status of the certain property and report to our clients the final results and warnings, if there are any.
This information would allow you to check whether there are any encumbrances upon your property, for which you do not know, for example: a mortgage for a loan, which is already repaid, interdiction, imposed by the tax authorities for unpaid tax obligations, or any other rights of third persons.
Bulgarian land investment no longer requires company !
As a result of the contractual obligations, undertaken by the Bulgarian government in relation to Bulgaria’s membership in the European Union, an important part of the Bulgarian law was recently changed. From 1 January 2012 citizens of the EU are no longer prohibited to purchase Bulgarian land, which is in regulation.
Until this date they had to set up a Bulgarian company and purchase land through the established legal entity, as according to the old law only Bulgarian individuals and companies had the right to acquire Bulgarian land. This led to many unfavourable consequences for foreign investors, such as paying additionally to a lawyer to establish a Bulgarian company, appointing an accountant for the relevant services and making other expenses, related to having and maintaining a company.
Legal Research property in Bulgaria
To sum up, from 1 January 2012 establishing a Bulgarian company is no longer necessary for EU citizens in order to buy regulated Bulgarian land, as they can legally acquire it as individuals. The prohibition continues to be in force until 2014 for land, which is out of regulation though (agricultural land, forests, etc.).
If you are from the foreign investors, who have established a company only for the purpose of acquiring properties in Bulgaria, you can now transfer the properties to yourself as individual and close the company in order to cut the costs, related to having and maintaining a company.
Our law office D.Vladimirov & partners works with international clients for legal representation at a Property Acquisition or sale of property after checking in the Property register. Sometimes, if nessesert we are ravelling to the property or appropriate Notary public, just to represent you on the deal before the Notarty public, where you property is located.
Find independent legal advice
Numerous property owners are now experiencing problems with their property because they did not seek independent legal advice and instead used lawyers and translators which were recommended by the estate agent or developer and in some cases were acting for both parties. Appoint a lawyer who is experienced in property conveyance and fully independent of anyone else involved in the transaction, eg the estate agent, vendor or developer.
If you need our legal assitance, do not hesitate to contact us immediately ! Our law firm D. Vladimirov & Partners is here for you to support your business to start well and seamlessly, so that you will be able to take advantage of all the opportunities and options our country is giving you.
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Based on the Costruction Law in Bulgaria the construction of a building could be divided in four major stages:
Getting of building permission – that document represents the official start of the building process. It is issued by the municipality council per location of the future building and after the architectural plan of the building has been given and approved. Every building without this document, even if finished, is illegal according to the Cosntruction Law and is to be demolished by the competent authorities.
Our Construction Law lawyers can you assist you the issuing of the Building Permission. Call: +359 (897) 90 43 91.
Issue of Certificate for rough construction, roof level, (Act 14) – this act certifies that certain stage of the construction process is reached. More specifically, the separate floors, staircases, outdoor and indoor walls, as well as the roof of the building are completed.
During the construction process the authorities issue an acceptance of the completed works by the investor and the supervisor
The completion of construction is certified by execution of a protocol (the so called “Act 15”) which is signed by the investor, the designer, the contractor and the supervisor. Act 15 is the document evidencing the delivery and acceptance of the completed works between the contractor and the investor. With it, they certify that the works have been executed in compliance with the approved design, the “as-built” drawings, the legal requirements for the construction works and the terms of the construction contract.
This Certificate called Act 15, the supervisor prepares a final report on the execution of the works. the inside doors are fixed at that stage, as well as the water pipes, electric wiring, central heating, the outdoor and indoor plastering is completed. The executor of the construction works hands over the building to the investor.
Issue of Certificate for Permission for usage (Act 16) – the building is completed in full at that stage. It is examined by government construction authorities if it corresponds to the initial architectural project about which the building permission is received and the other technical requirements and the construction legislation. The buyer could now inhabit the apartment or it could be rented.
These four stages are absolutely obligatory and a must according to the Bulgarian Construction Law and our company provides professional consulting services and negotiaton assistanceship bteween the foreign investors and the construction contractors.
OUR LEGAL PRACTICE – CONSTRUCTION PROCEDURES
Real Estate and Construction
Throughout the years of our practice in the fields of construction law we actively took part into the development of projects, linear and site infrastructure projects, gas stations, environmental and water projects, waste treatment facilities construction projects, etc.
We have experience at all stages of the construction process – from the proper development of a detailed zoning plan procedure, giving the frames of the future construction project, and providing due diligence support to dispute resolution through court and adjudication and less formal resolution procedures.
We are also able to provide legal advice upon the necessary demolition of equipment, whose operation is terminated, and the related consequent land restoration procedures.
We are used to work in each and every step of the construction process, including demolition of lawful buildings and the consequent waste management issues.
Our practice includes legal advice and drafting of
various types of contracts needed for the organization and implementation of the construction process, i.e. design contracts,
design supervision contracts,
construction supervision contracts.
We represent our clients in the negotiations on the specific terms and conditions, rights, obligations and responsibilities of the participants in the construction process.
Our team coordinates the necessary matters with civil engineers, designers and other experts who help us deliver first class and effective legal support.
LAST changes in the construction law in Bulgaria
Аfter it came into force last month, changes in the law on spatial planning, which set the functions of the Ministry of regional development and the new Ministry of investment design, the management decided to make new revisions in the law.
The legal act to be divided into two separate, one will govern the territory, and the other will affect the investment process in construction.
Before that, however, will be prepared a “map” of the problems in the legislation and the obstacles placed in front of the business. On this basis will be made and changes in legislation to alleviate regulatory regimes.
The deputy hopes that with the new changes in the law will stimulate investment in construction. In his words, the decline of investments is not due only to the crisis, and the conditions under which they are forced to operate at the moment investors – without predictability in terms of time for the realization of the projects, their price, as well as participants in the entire investment process.
Another major problem that hinders the investments, is the lack of general development plans of municipalities. A total of 262 municipalities, 220 do not have urban plans, which investors must demonstrate the compatibility of the projects, the territory.
Regardless of whether you are a contractor with a changed conditions claim, an owner of a real estate property on where a landslide occurred and caused damage to another property we can help and consult you.
If you have any Construction Law issues and you need an expert lawyer to protect your rights all you have to do is to contact our Bulgarian law office.
The parking space is located on the free part of the Building, which is built with building or buildings.
If the building or buildings are built on the basis of a building right, the free areas can be used by the owner of the site, respectively, to be given for use by third parties, including as separate parking spaces. In such a situation are the owners of sites in residential complexes.
So far, there is no extensive practice in Bulgaria for the renting of parking lots as public parking spaces, especially as citizens have a widespread understanding that the construction of the car parks and the infrastructure to them has been financed by the owners of the respective dwellings.
But purely such a practice is possible; as it is possible to rent out as parking lots parts of streets, squares, subways and other municipal property.
In any case, the Art. 64 of the Ownership Act, according to which the owner of an object in the building is entitled to use the land as much as necessary.
But it must be emphasized immediately that the parking of one or more family cars is definitely not a necessity of using land under Art. 64 ЗС.
The legal situation with the regulation of parking places in BULGARIA
If we are faced with a building in superfood mode and the owner has transferred a dealership with a notary deed to a third party “parking” on the empty space before concluding that there is a negligible deal, the will of the parties should be carefully examined.
It is possible in the form of a “parking space” the owner of the UPI to have set up the person the right to build a future garage; and precisely in order for this foundation not to transfer to the other owners an ideal part of the land. However, building with garages is not always possible from an urban point of view.
It is possible in the form of a “parking space” the owner of the UPI to have established the right of use on a real part of the terrain (with a view to using it for parking). Although the right of use under Bulgarian law is inconvenient for its non-transferability, its acquirer is not devoid of interest in acquiring it. There is no legal obstacle to establishing a right to use on a real part of the UPI.
A parking space can also be acquired through a rental agreement, as in the case of a commercial transaction, the principle 10-year limit under Art. 229, para. 1 of the CPA. However, the possibilities for such an interpretation are severely narrowed to cases where the “transfer” of the parking space is indicated by a time limit, and such cases do not actually occur.
Last but not least, we should consider that there is a complete and initial nullity of the order. If the owners of the building or buildings also own the corresponding ideal part of the ownership of the land, the problem of using part of the yard as a parking space should be solved on the floor of the condominium, because the yard will be a common part.
The possibilities for establishing parking rights in a yard – a common part of condominium property, are not large. The only cases where the area of the yard will be sufficient to provide parking space for all owners will be singular. On the other hand, a decision of the general meeting of the condominium can not deprive the owner of his right to use the yard for parking. There is only the possibility – with the unanimous agreement of the owners – to provide for an alternation of usage by days of the week, by months or by years. It is possible (again with unanimity) to agree that a part of the owners who use the parking spaces will pay the others who will not use a rental sum.
In order to avoid a situation where they do not have a parking space reserved for themselves, many clients of “green” dwellings want the latter to be explicitly entered in the deed of their dwelling. Building contractors also do not mind such a practice because the sale of parking places guarantees them considerable profits without much cost.
De lege lata and in view of Art. 38 BC, we can not deny that the yard is predestined for the GENERAL PART of the condominium. Consequently, transactions with the parking lots on the common part will be null and void if the transfer of the parking space takes place in parallel with the transfer of the dwellings, as is the mass practice.
But is it possible to transfer the parking spaces as a right of use, right to build or rent on real parts of the terrain before the developer has begun to transfer the objects to the building and thus establish a condominium? I think it is quite possible.
The law does not require terrain, which will become a common part, not be burdened with limited property rights or lease contracts. With the argument of Art. Pursuant to Article 237 of the IPA, the rented lease agreement would be binding on the acquirers of the condominium.
Therefore, de lege lata there are ways of “acquiring” the parking spaces in the yard before the condominium is built up.
These methods, however, do not coincide with the practice of acquisition by entering in the same title deed which acquires the main object. The very “acquisition” as the end result will be quite different from what is expected from the buyer, paying the parking space. Except when establishing the right to build, it will not become the owner of the parking space, but only a user of a right of use or a long-term lease.
The parking space is located in underground or overground covered parking.
This type of parking space is considered to be 3, that there is no separate object and the deal with them is negligible. Indeed, in this case there is no way to acquire ownership of a real part of the parking lot.
However, I do not think that the case of the nullity is always applicable here. Negligence is an institute, the application of which we must resort to moderation and abstinence, especially in the commercial turnover.
With careful analysis of the outcome of the parties, we will see that the parking lot is a separate object in the non-residential building. This object is not an integral part of its nature or purpose, because it is designed to serve not all but part of the floor owners (the others may not be car owners, have garages on the ground, etc.).
The parties are not aiming to become sole owners of the parking lot, but to use it in general, each “knowing” which part is. In my opinion, from this it follows that the will of the parties is the garage to be PRIVATE.
By purchasing the parking spaces an ideal part of the parking lot is purchased, and in parallel, the real estate is distributed in real way. Upon a subsequent sale of an object in the building we will have to consider it to be transferred as a “parking space” and the ideal part of the parking lot.
To assume that the transfer of the parking space is a negligible transaction would mean allowing the developer and other landlords to invoke this nullification and shake up against the person who has in good faith bought his parking space. This, in turn, will lead to completely redundant disputes.
Still, the adopted construction remains controversial and uncertain in the case law. It is preferable for the parties to exercise extreme caution when acquiring parking rights and to require the transferor to further clarify in the notarial acts what the subject of the transaction is.
Particularly in the case of the acquisition of parking spaces in general (underground) parking lots, it is necessary to examine whether the parking spaces are not envisaged according to the projects for a common part of the condominiums. If they are not, the notary deed must explicitly state that an ideal part of it is acquired. It is even better if, prior to the transfer of the parking space, the developer has prepared and submitted to the future owners a future use agreement accompanied by a parking plan.
For the time being, it is not possible to expect an explicit legal regulation of the parking spaces. It would be nice if it was created. We believe that once a phenomenon has it in practice, it is preferable for the law to regulate it explicitly instead of making it not noticeable.
The new legal regulation is mainly provided within Chapter 13 of the Bulgarian Commercial Act (Art.113-157) and particularly in Art. 129 and Art. 130 of the Commercial Act. Art. 129 regulates the principle possibility that a certain proportion of the shares could be transferred and inherited.
The changes in commericial legislation provides new requirements, depending on whether the shares are transferred to an individual who is already a shareholder at the company or to a third party. Therefore, both options shall be treated individually.
These are two declarations relating to transactions in enterprises and the transfer of shares.
One is under Art. 16, para. 2 of the Act, which reads: “Entry shall be effected upon presentation by the alienator of a declaration according to a model that there are no required and unpaid obligations under Art. 15, para. 4. The Registry Agency shall immediately notify the Executive Agency “General Labor Inspectorate” of the submitted declaration. The order for the notification shall be determined jointly by the Executive Director of the Executive Labor Inspectorate and the Executive Director of the Registry Agency.
The second declaration is under Art. 129, para. 2 of the Commerce Act. The text reads as follows: “The transfer of the shareholding shall be effected by a contract concluded with a notary certification of the signatures and the contents carried out at the same time, and shall be entered in the commercial register after presentation by the manager of the company and by the claimant, and outstanding obligations under para.1., Article 16, para. 2-4 shall apply accordingly “
The registration procedure in BUlgaria has been regulated by the Bulgarian Commercial Register, which entered into force as of 01.01.2018, in compliance with Ordinance № 1/2007 on the management, safekeeping and access to the commercial register and to the register of non-profit legal entities. The registration is being executed through an application to the Commercial Register, which provides distant access for filing of the applications.
The share transfer of a limited liability company in Bulgaria constitutes a change of circumstances concerning this company, whereby the necessary documents for the registration of similar changes within the Commercial Register are expressly regulated by Art. 21 of the Ordinance.
If you need more information, just send us your legal inquiry at email@example.com call us now on + 359 897 90 43 91. Out law office will support you legally by your company transfer shares !
Bulgarian courts will freeze bank accounts of debtors and abroad
Lenders will be able to require the freezing of assets of debtors and abroad,This was made possible by amendments to the Civil Code. The amendments to Bulgaria accepted procedure called. European order for attachment of bank accounts. It’s about an EU legal instrument whose purpose is to facilitate cross-border debt recovery in civil and commercial matters.
Cross-border debt recovery in BULGARIA
The regulation, which establishes the procedure began to apply from January 18, 2017.Cross-border work is in two hypotheses.European Account Preservation Order (EAPO-regulation)
The first is where the creditor lives in the country – an EU member and the court imposing garnishment, bank account and subject to freezing, located in another Member State.
The second court in one country and bank account – in another.
The authority entitled to issue a European arrest is the first instance court if the request for a lien to be done before examining the merits of the case. There is however an opportunity for the applicant to request an order at any stage of the case by the court sees it. If this happens in those proceedings, the order is issued by the appellate court.
Obtaining EAPO is available as an option in all phases of the litigation process – where the creditor would be interested to secure prospective proceedings, as well during a pending lawsuit, and also in cases where court decision (or similar) has already been obtained and the judgment creditor needs to secure its enforcement.
If the court refuses to issue an order, the creditor may appeal an interlocutory appeal. If the failure is ordained of appellate jurisdiction, the appeal before the Supreme Court.
Cross-border work is in two hypotheses. The first is where the creditor lives in the country – an EU member and the court imposing garnishment, bank account and subject to freezing, located in another Member State.
And in the second court in one country and bank account – in another. The authority entitled to issue a European arrest is the first instance court if the request for a lien to be done before examining the merits of the case.
There is an opportunity for the applicant to request an order at any stage of the case by the court sees it. If this happens in those proceedings, the order is issued by the appellate court. If the court refuses to issue an order, the creditor may appeal an interlocutory appeal. If the failure is ordained of appellate jurisdiction, the appeal before the Supreme Court.
We would like to pay attention to the fact this Regulation won’t apply in the United Kingdom and Denmark so freezing bank accounts of debtors held in these two countries won’t be possible under the above procedure.
The debtor will be able to seek annulment of the order in the same order.The European accounts Preservation Order will be a good option for the local creditors, whose debtors reside on the territory of the European Union. Contact us for more information.
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