After the increased mobility of EU citizen in Bulgaria and common marriages, cohabitations with foreigners increases the risk of child abduction case 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 long it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.
Legal support of child abduction case Bulgaria
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.
If you appoint a Child abduction lawyer the chances will be much higher then before.
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.
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.
Taking a child to another EU country without permission ?
Our law office is specialized in child abduction Proceedings in Bulgaria.
The procedure of legal support by Child abduction case 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
International Legal Protection of the Child and International Adoptions Directorate
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
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.
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:
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.
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 ?
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 resources
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
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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.
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 Bulgaria
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:
– Decisions and acts of foreign courts and other bodies are recognized and enforced when:
– 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;
– 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 ;
-if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
-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;
– 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
Getting the Child Custody rights is the worst possible option for the development of relations between the parents. But these are also some of the most common family law cases, along with divorce cases. Child Custody law
The typical situation involving such a lawsuit is the termination of cohabitation of parents without marriage and lack of agreement
They need to clarify who will care for the child, how the visions with the other parent will be carried out and what maintenance will be paid for him.
If both parents are intelligent people who clearly understand the need for their child to have both a father and a mother, they are aware of their responsibility to provide means of support and the need to maintain good relationships, at first glance it seems unnecessary to reach until the trial.
But human nature is fickle, relationships get worse, selfishness or jealousy take a backseat and things go to court.
Our legal advice to people who are divorced but on good terms is after the divorce, to visit a family lawyerand to reach an agreement.
This agreement should be it notarized or judicially approved to regulate the relationship as between parents and their child, thus preventing future conflicts.
As our extensive practice shows, parental rights cases are being pursued precisely because of unresolved issues at the beginning of separation.
Another reason is the development of these relationships in conditions of uncertainty and uncertainty and as a result escalation of tension and deterioration of communication.
If you have a problem like this, though you may have aggravated the relationship, the most productive option is always to consult a lawyer specializing in parental rights and try to negotiate a settlement.
With the help of an intermediary, you can restore balance and lay the foundations of a more peaceful, mentally incapacitated future for you and your child, which is also financially secured by the other parent.
How can a divorce lawyer help us?
First, after learning about the specifics of the case, you will receive legal advice on your chances of winning such a case.
Next, tips on how to properly arrange for the protection of your claims and assistance in obtaining documents and preparing witnesses to support your fair requests.
Thirdly, the parental rights lawyer will draft and file in court your documents in a way that you can prove your case and will successfully defend your claims to the judge.
Once the judgment is delivered, it will advise you on the options to enforce it and its interpretation on issues that are not clearly addressed in it.
If necessary, it will defend your interests in a further court of law in the event of an appeal.
This will in no way increase the costs of the case, while at the same time enabling you to achieve the regulation of the full volume of relationships in a single production.
Insofar as a parental rights case concerns your future to that of your child, it will be absolutely irresponsible to believe something so valuable to you in the hands of a lawyer who lacks the necessary experience and knowledge.
We guarantee that by contacting us in connection with your parental rights case, you will receive quality legal services from highly experienced family law attorneys who will bring you the necessary attention. Child Custody law
We do not formally and formally approach, but build your protection with regard to the specifics of the case.
For this, if you have a legal problem regarding custody rights, contact us to schedule a date and time for a consultation on your case.
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Dealing with family law issues and divorce in particular can be an emotional and stressful experience, in a situation, you needa divorce Lawyer in Bulgaria
Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage” according the Bulgarian Family code
This is the legal motive for divorce. This is what makes it important to have professional and impartial advice
This is the way to ensure the best outcome for all parties involved.
The legal praxis of our law office has many cases in the field of family law, with more than half being divorce cases.
Turning for help in divorce in Sofia, we offer clients a guarantee they will receive adequate legal protection from a divorce lawyer in Bulgaria with extensive professional experience
You will have the opportunity to find the best solutions in the most complex cases concerning the divorce process in Bulgaria.
We recommended to use a highly specialized lawyer – a divorce lawyer in Bulgaria , who brings the clients the main information, instead of using somebody else
To find out the difference between a really good and reliable divorce lawyerin Bulgaria and others who just claim to be such, you should meet with him in person.
Each divorce case is different and requires an individual attitude
If you decide it is time to end your marriage or consider divorce as an option, there are many factors to consider.
It is crucial that you find the right lawyer for you to advise you on all the options available to you in order to protect your shared assets
How long do divorces take?
Every year in Sofia just over 2000 marriages end in divorce.
If you are going to have this procedure too, do not consider yourself an outsider – about 10,000 families in Bulgaria annually terminate their marriage.
In general, the divorce procedure in Bulgaria is a pretty quick process, even if there are children custody case involved or one of the spouses shows disagreement.
The court will just look at the divorce case the custody and child maintenence payments for the kids.
WHAT IS THE REAL DIVORCE PROCEDURE IN BULGARIA ?
Despite some differences between the laws of different states of the country, the general pattern of divorce is the same everywhere.
After submitting of legal claim for divorce and providing a evidences for the divorce in the court forward the documents to the opposite site.
There is a formal divorce process and we can assist you at any stage to ensure that your claims are taken into account by the court.
There are also many different approaches to how you may want to separate your total assets.
We are here to help you decide what is the best solution for your situation.
Call us now on + 359 897 90 43 91 for consultation
Get a legal protection of your family rights with our divorce lawyer in Bulgaria !
How long does it take to get a divorce in Bulgaria ?
The divorce by mutual agreement in Bulgaria take usually between 4 to 6 mounts. All steps and time depends on the workload of the Family court. There are no spesific deadlines, but the court instructions is to limitate within 6 or 7 mounts. Usually about siseveral months, but if there are difficulties in summoning the parties or one of them takes actions that slow the progress of the case, it can take longer.
Who will take care of child after divorce in Bulgaria ?
When a divorce claim is already filed in the Family court, cares for the the child/ren remains to be given to the mother. However, in deciding this issue, the court is guided by a set of criteria on which parent it is in the interest of the child to remain in foster care after the marriage. The both parens could considered who will take care of child after divorce in Bulgaria. Also important is the social environment of the parents, the possibility of assistance from loved ones in raising the child, living and material conditions, although the latter is not a leading one.
How much are the child maintenance costs after the divorce in Bulgaria ?
The child maintenance costs cannot be less than ¼ of the country’s minimum wage and at the moment it cannot be less than 152.50 BGN per month for 2020. The question is there is not upper limits to the child maintenance costs. In the case of a divorce by mutual agreement, the amount of the maintenance is determined by agreement between the parties. When an agreement cannot be reached on the amount of maintenance, it is determined according to the needs of the child and the options of the parent who will pay it. The needs of the child are determined according to their age, the lifestyle they have led up to now, the necessary means for food, clothing, study and sports activities and social contacts.
POAs are powerful documents that authorize someone to make important decisions about your family, finances, and healthcare, even when you can’t make them consciously
The notarial credentials of a power of attorney include the signature of the person’s signature and the validation of the content of the document.
The power of attorney needs to be explicit.
The property must be described in detail as location, quadrature, the basement or ceiling, the common parts of the building, the right of construction or the yard.
You must indicate whether the authorized person has the right to negotiate the terms of the notarial deed, whether he has the right to receive the sale price, and so on.
If the person you authorize is the co-owner of the property or will be a proxy of third parties. It should be explicitly stated in the power of attorney that he has the right to negotiate with himself as a proxy or co-owner.
TIP: Read carefully the documents & power of attorney before you sign them.
A power of attorney is a document to be signed only by the party issuing it, that is, the authorized person does not undertake to perform the assignment.
To make arrangements for this, you need an additional contract signed by both parties.
A power of attorney is required when the owner of a real estate wants to dispose of (sell, donate, replace, transfer over viewing and maintenance, establish a right in rem, etc.).
According to the legal requirements in a power of attorney of this type, it is necessary to have a description of the specific properties to which it refers.
For this reason, carry and submit a document of ownership to the notary in order to make the document true.
It is still debatable whether the sale price should be explicitly stated.
The power of attorney for disposal of a real estate may be temporary or indefinite, but together with it 2 signatures are signed. declarations –
The first is under Art. 264, para. 1 of the Tax law- with which the person declares that there are no outstanding obligations for taxes, duties and obligatory insurance contributions, which have not been extinguished;
The second declaration – the one under Art. 25, para. 8 of the Notary act is for citizenship and civil status. The first statement is valid for 6 months, so even if the power of attorney is indefinite, the declaration must be renewed – signed and authenticated again before a Notary.
Validity of the power of attorney
The validity of the power of attorney is determined by the authorizing person, but it also depends on various factors, especially those in practice.
There are several ways to determine the validity of the power of attorney.
In order to determine its validity, the power of attorney may contain any of the texts listed below.
(Third countries, authorities and individuals (notably banking institutions and notaries) to whom the power of attorney will be addressed have the right to set their validity requirements on a time-limit.)
1. The power of attorney shall record the period of its validity by the authorizing officer.
2. The power of attorney is valid until the designated action for which it has been issued.
3. Power of attorney applies until it is withdrawn by the Authorizing Officer (but not more than 10 years from the date of issue).
4. Power of attorney is indefinite. (but no more than 10 years from the date of issue).
Termination of the power of attorney
The power of attorney shall terminate upon one of the following:
1. The authorizing officer shall withdraw the power of attorney.
2. The authorized person shall refuse to execute it.
3. The term specified in the power of attorney has expired as a term of validity.
4. With the death of one of the parties under the power of attorney.
5. With the seizure of the document by a body of authority or its detention as a written proof by a notary and others. (Here the document is valid but can not be used by the authorized person).
Important facts about the power of attorney
1. The power of attorney shall be valid only in the original. If the original of the power of attorney is not presented, it may be assumed that it was withdrawn by the authorizing officer.
2. The notarial power of attorney is the most commonly falsified / falsified document. We remind you that this act is being prosecuted and punished by the law enforcement and judicial authorities.
Withdrawal
To withdraw a notarized power of attorney, please contact the notary who certified it. The withdrawal of the power of attorney shall be by several means, depending on the reason for the withdrawal. What are the relationships between the parties; is there a danger of abuse? what volume of rights (types of rights) contains the power of attorney; and others.
Tip : If the power of attorney is entitled to operate a bank account, first notify your bank to note this fact in your bank account.
Types of power of attorney
According to the purpose for which they are issued and their content, the proxies can be divided into the following types:
– explicit power of attorney (contains explicitly specified rights or rights for a specific site / objects);
– a general power of attorney (it contains listed rights that allow for representation with a broader scope, very often this power of attorney is called ” general ” in everyday life, but such a definition has never been given by the law, so there is no ” general power of attorney” !)
– Power of attorney (sale, donation, exchange) of immovable property / transfer or establishment of real rights over immovable property.
– Re-authorizing. It is issued on the basis of a notarized power of attorney in which it is explicitly stated that the authorized person has the right to re-authorize other persons (to grant the rights under this power of attorney to third parties, in whole or in part).
Types of powers of attorney according to Notarial Tariff
1. According to the number of delegates (signers).
2. By type of authorization and re-authorization.
3. According to the number of redeployed persons, and as such, the redeployed person is the proxy. Cumulatively with the following conditions.
4. According to the type of power of attorney and from the point of view of the LNHM Notary Public:
– usually; – for lease; – for the acquisition, sale, exchange, division of real estate (in the case of transfer or establishment of real rights over immovable property);
-repowering.
Notarial authentication (authentication)
At the power of attorney, the notary certifies the signature of the person on whose behalf the power of attorney – the principal (s) originates.
The certificate of attestation shall be certified at the same time as the date of issuance of the power of attorney. The date of the notarial certification is also of legal significance.
Grant a power of attorney
Exclusion of Power of Attorney: Even if a specified amount / material interest / is stated in the power of attorney, it is not relevant for the formation of the notary fee.
A power of attorney for disposal (sale, donation, exchange) of immovable property / for establishment or alteration of real rights / incl.. The notary certifies the signature of the authorizing officer and his / her own names.
The content of the document is also verified. / All this is certified as the date of issue of the document / In this type of certification, the notary retains an original copy of the document, which is charged as a copy.
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One of the core consequences of globalisation has been the rapid increase in trans-national litigation and the associated need to enforce judgments across national borders. Recognition and enforcement of foreign countries’ court decisions in another country has always been a delicate and difficult issue.
It is known that the system does not have a universal rule and each country adopts its own valued judgment with regard to foreign decisions.
There is also a clear and relatively easy procedure for the enforcement of judgments and other acts passed in other EU Member States.
The Civil process Code does not contain provisions on recognition and enforcement of decisions and acts of countries other than EU Member States.
The Regulation
Recognition and enforcement of judgments rendered in non-EU countries should be subject to different procedures under the Code of international private law act.
According to part four of the CMR, the conditions introduced in Art. 117 The Code of international private law act for recognition and enforcement is as follows:
The decisions and acts of foreign courts and other bodies are recognized when:
– the foreign court or authority was competent under the provisions of Bulgarian law:
– the defendant was served with a copy of the application, the parties were regularly summoned and the basic principles of Bulgarian law related to the defense were not violated ;
– if between the same parties, on the same grounds and for the same request, no decision of a Bulgarian court has entered into force;
– if there is no pending trial between the same parties, on the same grounds and for the same claim, before a Bulgarian court
– recognition or admission of performance is not contrary to the Bulgarian public order.
Legal frame of recognition of foreign judgments
The Recognition of foreign Judgments is made by the body before it.
In the event of a dispute over the conditions for recognition of the foreign judgment, a settlement action may be brought before the Sofia City Court.
A claim is made before the Sofia City Court to allow enforcement of a foreign judgment.
The application shall be accompanied by a copy of the decision certified by the court which issued it and a certificate by the same court that the decision has entered into force.
These documents needs to be certified by the Ministry of Foreign Affairs of the Republic of Bulgaria.
The court shall examine of its own motion the conditions under Art. 117.
The defendant in the procedure for recognition and enforcement of the foreign decision can not invoke violations under Art. 117, item 2, which he could have pointed out before the foreign court.
The court does not go into the examination of the substance of the dispute, resolved by the foreign court.
The debtor may object to the discharge of the obligation on the basis of circumstances that have arisen after the entry into force of the foreign decision.
The debtor may not object to the discharge of the obligation on the basis of the circumstances after the enforcement decision has entered into force.
Regarding the recognition of the consequences of foreign enforcement and security acts – the regulation is in Art. 124 International law act in Bulgaria-
If there is a claim before a Bulgarian court for the recognition of a judgment given in a non-EU country and there are no other international instruments in the field of family law that have been signed and ratified by both countries.
The foreign state at the same time as the CPC does not contain provisions on recognition and Enforcement of Foreign Judgments other than EU Member States, the recognition procedure will be Part Four of the CMR, considering the legal conditions under Art. 117 KMCP.
The court procedure in Bulgaria
A decision certified by the Ministry of Foreign Affairs of the Republic of Bulgaria must be submitted to the court, that it is apparent that the same has entered into force.
After assessing the conditions under Art. 117 CMMR and to check whether it is contrary to the Bulgarian public order, the court decides whether it admits or not.
It is important to note that, according to the provision of Art. 121 para. 1 Code international private law act, the court in the exequatur procedure does not examine the merits of the dispute.
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
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
The witnesses and experts appointed by the court may be questioned by the judge and the parties.
For litigation in Bulgaria – contact us
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 court desicion has been delivered the parties have an options to appeal it before the next instance.
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
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.
The criminal litigation in Bulgaria refers to the process of trying a criminal defendant in a court of law.
Criminal litigators come before the Bulgarian court in two varieties:
The first level is a criminal prosecution level, who present the government’s case against the defendant.
The criminal defense attorneys, who represent the interests of the defendant. Criminal & Defence Lawyer
Criminal prosecutors practice at either the state level or the federal level, while criminal defense attorneys generally maintain private practices or work as public defenders for the state or federal government.
Whether prosecutors or defense attorneys, criminal lawyers handle a wide variety of cases, from white-collar crime, violent crimes, sex crimes and drug trafficking, traffic offenses and misdemeanors.
Some concentrate on white-collar crime such as fraud, embezzlement and insider trading.
Providing legal assistance and protection against detention and arrest; Contesting detention;
Litigation, protection and assistance in the enforcement of detention measures “Detention on remand”, “Home arrest” and “Money guarantee”;
Providing legal assistance in criminal litigation process for protection and procedural representation of defendants at the stage of pre-trial proceedings;
Procedural representation in proceedings for early release, replacement of the regime for serving the sentence, interruption of the execution of the punishment;
Litigation, protection and assistance in European Arrest Warrant:
Procedural representation in the transfer of convicted persons, recognition of a foreign court verdict, international legal assistance in criminal cases;
The litigation court proceedings has been developed before the Bulgarian city courts,appealing level and Supreme cassation Court;
Criminal litigation in case resolution by concluding an agreement with the prosecutor’s office;
Criminal litigation in the discharge of criminal liability by imposing an administrative penalty;
Providing legal assistance, protection and assistance to victims of crime;
Providing legal assistance, protection and assistance to victims of traffic accidents, accidents at work and benefits;
Protection, assistance and assistance to witnesses summoned by law enforcement agencies (MoI) or pre-trial authorities and in the course of court proceedings;
Providing legal assistance, protection and assistance to an injured person in private-criminal cases – insult; defamation; slight bodily injury;
Providing legal assistance, protection and assistance in the face of police violence;
Our main activity as a criminal defence solicitors & criminal lawyers are following:
Participation in the conduct of investigative and judicial proceedings;
Assistance and assistance in the return of material evidence which has been seized during the investigation and return of the guarantees provided.
Finding the right solicitor is crucial to ensure you are guaranteed the best legal defence.
Our legal team is highly experienced working on first-class knowledge in both national and international criminal legal procedures.
Over the years we have gained a reputation as fierce and effective lawyers, defending clients in cases from road traffic offences to murder.
We operate at the cutting edge of the legal system and have large criminal practices in Bulgaria
We are doing the best legal service for client’s questions. Our law office has a good reputation for achieving the best outcomes for our clients.
Call our criminal Law lawyers for a quick information concerning your criminal case.
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