fbpx

Posts

Car accident in Bulgaria

If there are more than 2 vehicles involved, get all nessesery information from them – insurance policies & driving licence etc. inform us for the legal steps by accident in Bulgaria

If anyone is injured they should be helped, but not moved unless they are in danger of further injury.

The solution is to find a personal injury lawyer who has extensive experience of helping clients to make road traffic compensation claims, including those car accidents that have taken place abroad.

You may think claiming compensation after a car crash in Bulgaria is complicated, but it needn’t be if you have the right information and support to file the claim.

If the injured person needs immediate transport to a hospital, the person accompanying them must return the scene of the accident as soon as possible.

All vehicles in Bulgaria are required to have Liability insurance and proof of the documents of this special insurance must be carried at all times.

The Legal steps by accident in Bulgaria in case of a minor traffic accident, every single driver in Bulgaria has the traffic simple protocol are following

his guide covers every aspect of making a claim after a car accident in Bulgaria, from time limits to the evidence needed to make a claim, as well as more detail on what is involved in making a claim.

It can also be a great source of information if you are planning on visiting this beautiful country because knowing what to do should the worst happen you are in a far better position for making sure you can claim the compensation to which you are entitled to.

Bulgaria Car Accident Injury

This protocol needs to be completed by the both parties, responsible for the crashCar accident lawyer Bulgaria
  • Name and identity card details of the other driver
  • Full insurance details of the other driver including insurance number and expiry date
  • Place of the accident, names and contact details of possible witnesses
  • An explanation of the accident with details of the damage caused
  • Both parties must agree and sign the Car accident Report Form

Asking for insurance compensation 

Payment of compensation for damages is amount payment of money to compensate you for all material and immaterial damages, accured in the accindent. Car accident in Bulgaria

You need to have an official prolice road traffic protocol, which describe direct and immediate consequence of the traffic accident.

Claiming the immaterial damages, you need to get a consultantion with your insurance lawyer to include all negative consequences.

Concerning the material damages you and your lawyer need to calculate all material & future costs, borne by the driver with regard to the accident

Claiming also the surgery costs, medical hospitalization costs, costs for medicines, costs for future rehabilitation, repair of the car damages etc.

It is nessesery to provide direct connection for your insurance compensation procedure between the car accindent damages and the occurred accident.

This means, there should be direct connection between the accindent, the injuried people

The resulted from this traffic accident, the negative health consequences to be a result of the injuries in this accidentLegal steps by accident in Bulgaria

The minimum insurance cover in Bulgaria is:

  • for pecuniary and non-pecuniary loss caused by personal injury or death;
  • for damage to property (material items) — BGN 2 000 000 for each insured event, whatever the number of injured parties.

Serious car accidents in Bulgaria

The first thing, you should do, participating in a serous car accident is to see & check if there are some damaged people.

Everyone should get the actions to protect yourself at the moment

  • You should call the traffic police & your insurance company, and to your personal injury & insurance lawyer as soon as possible;
  • Get the injured people out from the vehicles and from the road
  • Get the information from their documents and immediately alert oncoming traffic traffic & lawyers
  • Take the names, contact details, licence plate numbers of witnesses:
  • Preserve all evidences and find the withnesses on the place

The Accident Report Form is filled in by the Bulgarian road & traffic Police who will give a signed copy to all parties involved in the accindent on the road.

Road Traffic Accidents in Bulgaria

Before you meet your lawyer , don’t sign any paperwork unless certain it’s understood and agreed with.

Send the report form to the insurance company (many demand it within seven days of the accident).

Legal steps by Car accident in Bulgaria before file a claim

Following an accident, take the Report Form to the insurer and fill in an application form for claims

You could just contact the insurance company’s emergency line for advice on the procedure for making a claim.

The vehicle undergoes inspection and insurance is transferred to the insured person’s bank account within a few days or up to two weeks.

If the accident is serious the Traffic Police will complete the form and give a copy to all parties involved so they may forward to the relevant insurers.

The Bulgarian insurers insist on the form being received within 7 days of the incident.

It is important to understand and agree with any paperwork before signing, after consulting your  insurance lawyer in Bulgaria.

Immediately claim from the Bulgarian traffic police officers to provide you with the required copy of the car accident protocol from the traffic police.

This is the most important documents for every car crash in legal steps after accident in Bulgaria

Legal help for car accident in Bulgaria ?

Without getting this protocol from the traffic police, you could not submit the claim in the court after the documents has been already prepared and collection for insurance compensation from the Bulgarian insurance companies.

The latter is an official document, which proves the occurrence of the insurance event, as well as the participation of the listed parties.

If you are not listed as an injured person within the protocol, immediately claim the amendment of the latter by the traffic police authorities.

After the entering into force of the new Bulgarian Insurance Code the injured persons were deprived of this right

Now they shall first submit their claim before the insurer, having attached all relevant documents.

The insurer shall take a decision within a 3-month period whether to pay an insurance compensation or to refuse paying it.

Upon the expiration of this 3-month period, the injured persons, who have not been paid any insurance compensation

If you need our legal assitance, do not hesitate to contact us immediately !

Call us for more information on + 359 897 90 43 91 or send us your inquiry on office@lawyer-bulgaria.bg

Domestic violence in Bulgaria

Domestic violence is a serious problem in Bulgaria, and the COVID-19 lockdown has only made it worse. Victims of domestic violence can be Bulgarian citizens or foreigners, adults or minors.

If you are a victim of domestic violence, there are resources available to help you. Our team is highly experienced in dealing with matters of harassment and domestic abuse, and we have the necessary expertise to advise and assist you.

Combating domestic violence does not necessarily mean contacting the police. There are a number of remedies available in the civil and family courts that can afford you protection without resorting to criminal proceedings.Domestic violence in Bulgaria

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.

Here are some of the signs of domestic violence:

  • Physical abuse, such as hitting, kicking, or shoving
  • Sexual abuse, such as forced sex or unwanted touching
  • Emotional abuse, such as name-calling, insults, or threats
  • Financial abuse, such as controlling your finances or preventing you from working

If you are experiencing any of these signs, it is important to get help.

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.

Domestic Violence Protection Orders: What You Need to KnowDomestic violence in Bulgaria

Domestic violence protection orders (DVPOs) are court orders that can help to protect victims of domestic violence.

DVPOs can include a variety of provisions, such as prohibiting the abuser from contacting the victim, coming near the victim, or possessing firearms.

Here are some of the most common provisions of domestic violence in Bulgaria:

  • Removal of the abuser from the home. This provision can help to protect the victim from further abuse.
  • Prohibition of contact between the abuser and the victim. This provision can help to prevent the abuser from harassing or stalking the victim.
  • Restrictions on the abuser’s travel. This provision can help to prevent the abuser from coming near the victim’s home, workplace, or other places where the victim frequents.
  • Orders for the abuser to attend counseling or anger management classes. These orders can help to address the abuser’s underlying issues and prevent future violence.
  • Orders for the abuser to pay child support or alimony. These orders can help to ensure that the victim and any children are financially supported.

If you are a victim of domestic violence, you may be eligible for a DVPO.

To obtain a DVPO, you will need to file a petition with the court.

The petition will need to include information about the abuse you have experienced, such as the type of abuse, the frequency of the abuse, and the names of any witnesses.

The court will review your petition and hold a hearing.Domestic violence in Bulgaria

At the hearing, you will have the opportunity to testify about the abuse you have experienced. The abuser will also have the opportunity to testify.

If the court finds that you have been a victim of domestic violence, it will issue a DVPO.

The DVPO will be in effect for a specified period of time, such as one year.

The abuser will be required to obey the terms of the DVPO.

If the abuser violates the DVPO, you can file a contempt of court action.

If the abuser is found in contempt of court, they could be fined or imprisoned.

DVPOs can provide valuable protection to victims of domestic violence.

If you are a victim of domestic violence, I encourage you to contact the court to see if you are eligible for a DVPO.

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 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.

Finding a good attorney may be the most important step you can take toward winning a legal case and it doesn’t have to be a difficult task.

You will, however, need to take your time with the search.

Focus your efforts on finding a lawyer that has dealt with your specific legal issue in the past and that you get along with personally.

Taking the time to find the right lawyer will be worth it, as they are more likely to help you win your case.

Finding 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.

Determine what type of attorney you need. 

It is always preferable to locate an attorney who has specialized expertise in the practice area that your case involves (e.g., malpractice law, bankruptcy law, etc.).

It’s also a good idea to find attorney familiar with the courts and laws of the area where you live. This will enable your attorney to best represent your interests.

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 in the procedure of 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.Recognition child maintenance orders

Child maintenance orders are legally binding agreements that outline the financial responsibility of a parent towards their child.

These orders are typically put in place when parents separate or divorce and are intended to ensure that both parents contribute towards the cost of raising their child.

Every child maintenance orders can cover a range of expenses, including housing, food, clothing, and education.

The Importance of a Child Maintenance Order

Obtaining a child maintenance order is important for several reasons.

First and foremost, it ensures that the child receives the financial support they need to thrive.

Without a child maintenance order in place, there is no legal obligation for a parent to provide financial support, which can leave the child vulnerable and struggling to make ends meet.

Furthermore, a child maintenance order provides clarity and certainty for both parents. It outlines the financial responsibilities of each parent and helps to avoid misunderstandings or disputes over money.

This can be particularly important in situations where there is a high level of conflict between parents.

Recognition of Child Maintenance Orders

A family lawyer can play a critical role in obtaining a child maintenance order.

They can help parents negotiate an agreement that is fair and reasonable, and they can also help to ensure that the agreement is legally binding.

This can include drafting the agreement and filing it with the court.

In addition, a family lawyer can provide guidance and support throughout the process.

They can help parents understand their legal rights and obligations, and they can also help to resolve any disputes that arise during the negotiation process.

Child maintenance orders are legally recognized in most countries, including Bulgaria and European Union.

This means that they can be enforced by law if necessary.

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include garnishing the parent’s wages or taking legal action to collect unpaid child support.

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.

Enforcement of Child Maintenance Orders

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include filing a complaint with the court or working with a collection agency to collect unpaid child support.

In some cases, the parent who fails to comply with the order may face legal consequences, such as fines or even jail time.

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

Obtaining a child maintenance order is an important step in protecting the best interests of your child.

It ensures that they have access to the financial resources they need to thrive and provides clarity and certainty for both parents.

If you need assistance with obtaining a child maintenance order, it is important to work with an experienced family lawyer who can guide you through the process and ensure that your child’s needs are met.

Child Custody law

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.Child Custody law

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 lawyer and 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.

Child Custody lawIf necessary, it will defend your interests in a further court of law in the event of an appeal.

Our advice is to bring in a case for parental rights for joint consideration and claims for a regime of personal relations with the father, as well as for maintenance. 

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.

Divorce Lawyer in Bulgaria

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.

Marriage is commonly perceived as an essential legal institution in various societies, but all systems of marriage need also to deal with the dissolution of marriages. The common mechanism for this is divorce.

In the globalised world of today, marriages with an international element, usually in the form of couples with different nationalities and/or living in a foreign country, are becoming frequent, which poses challenges of its own.

In this section, we only deal with so-called cross-border divorces.

Divorces of purely domestic nature (between Bulgarians living in Bulgaria who have seised the local court) are governed entirely by Bulgarian national law.

Bulgarian law offers two main routes to divorce:Divorce Lawyer in Bulgaria

A/ Divorce by mutual consent of the married spouses or

W/ Divorce by means of a claim on the basis of what may be termed “irretrievable breakdown”

Furthermore, we deal here only with the dissolution of valid marriages. The dissolution of invalid marriages, i.e. annulment, is outside of our note’s scope.

Unlike many other jurisdictions in Europe, Bulgaria does not currently recognise same-sex marriages except as regards same-sex couples validly married in other EU jurisdictions.

In practice, this may result in a possible full recognition in practice, but only in situations where EU law is engaged.

Nevertheless, same-sex marriages and the availability and recognition of divorce in same-sex marriages are outside of the note’s scope.

Finally, we also do not cover here the dissolution of religious (e.g., church) marriages in Bulgaria, nor the recognition of marriage dissolutions of any kind which occurred abroad.

THE REASONS FOR DIVORCE ?

Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage”  according the Family code.

The legal praxis of our law office has many cases in the field of family law, with more than half being divorce cases.

Divorce Lawyer in Bulgaria 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

How to appoint a good divorce lawyer ?

To find out the difference between a really good and reliable divorce lawyer in 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

To approach the issue, requires to appoint the divorce lawyer to get acquainted with your problem in detail.

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?

Each spouse may seek divorce when the marriage is deeply and irreparably damaged.

The claimant must exhaustively identify all grounds for the divorce, in accordance with s 322(1) Family Code.

Grounds of which the claimant was aware or that occurred before the end of the hearing, may not be relied on to base a new claim.

Jurisdiction is conferred to the court local to the respondent’s permanent address in Bulgaria.Divorce Lawyer in Bulgaria

Upon the request of a party, the court may make interim order as to: financial support, the use of the family home and the assets acquired during the marriage, care of the children and financial support for them.

These interim orders are not subject to appeal, but the court may amend them from time to time, e.g. in accordance with changes in the circumstances of the children.

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 simple divorce will take up to 3-5 months.

The Bulgarian court will not look at the questions for division of property.

The court will just look at the divorce case the custody and child maintenence payments for the kids. 

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. 

Grant a power of attorney

Power of Attorney (POA) is a legal and written document that allows you to appoint any other person or any organization to handle your business affairs when its  needed to grant a power of attorney.

A power of attorney is a legal document that grants an individual, known as the attorney-in-fact, the power to act on behalf of another person, known as the grantor.

This document can be used to grant the attorney-in-fact the power to act in legal and financial matters, such as signing documents, making investments, and managing bank accounts.

If you are considering granting a power of attorney, it is important to understand the various types of powers of attorney available and the legal implications of each.

Types of Powers of AttorneyGrant a power of attorney

There are several types of powers of attorney, including:

  • General Power of Attorney: This grants broad powers to the attorney-in-fact to act on behalf of the grantor in legal and financial matters.
  • Limited Power of Attorney: This grants specific powers to the attorney-in-fact, such as the power to manage a particular bank account or sell a specific property.
  • Durable Power of Attorney: This remains in effect even if the grantor becomes incapacitated or unable to make decisions.
  • Springing Power of Attorney: This becomes effective only under certain conditions, such as the incapacitation of the grantor.

Legal Implications

Granting a power of attorney is a serious decision and should not be taken lightly.

It is important to choose an attorney-in-fact who is trustworthy and capable of acting in your best interests.

Once you have granted a power of attorney, you are giving the attorney-in-fact the power to make decisions on your behalf

In the case you may not be able to revoke the power of attorney if you change your mind.

In addition, if you grant a power of attorney to someone who misuses their power, you may be held responsible for any damages caused by their actions.

It is important to carefully consider the risks and benefits of granting a power of attorney before making a decision.

How to Grant a Power of Attorney

To grant a power of attorney, you will need to draft a legal document that outlines the powers being granted

The documents should contain duration of the power of attorney, legal conditions, limitations.

This document should be signed and notarized to ensure its validity.

It is also important to notify any relevant parties, such as banks or investment firms, that you have granted a power of attorney.

This will ensure that the attorney-in-fact is able to act on your behalf when necessary.Grant a power of attorney

Granting a power of attorney can be a helpful tool for managing your legal and financial affairs

This is important to understand the legal implications and risks associated with this decision.

If you are considering granting a power of attorney, it is recommended that you consult with an experienced attorney to ensure that your rights and interests are protected.

The power of attorney needs to be explicit.

Power of attorney for 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.

TIP: Read carefully the documents  & power of attorney before you sign them.

Do not authorize people you do not know or trust in a case of grant a power of attorney

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 the following actions:

We talsk about action like to 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.POWER OF ATTORNEY

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 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.

All declarations should  be 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.

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:Grant a power of attorney

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.

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 of power of attorney

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 contains the power of attorney; and others.

Recognition of foreign judgments

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 Foreign Judgments

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:

  1. – the foreign court or authority was competent under the provisions of Bulgarian law:
  2. – 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 ;
  3. – if between the same parties, on the same grounds and for the same request, no decision of a Bulgarian court has entered into force;
  4. – if there is no pending trial between the same parties, on the same grounds and for the same claim, before a Bulgarian court
  5. – 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.

Recognition foreign decisions, Bulgarian lawyers recognition of court decision, Court decisions in Bulgaria, Bulgaria recognition court decision lawyerAfter 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.

Criminal & Defence Lawyer

The criminal litigation in Bulgaria refers to the process of trying a Criminal & Defence Lawyer. 

Criminal defense lawyers are legal professionals who specialize in defending individuals and organizations charged with criminal offenses.

They represent their clients in court and work to ensure that their rights are protected throughout the legal process.

Criminal defense lawyers are responsible for investigating the case, gathering evidence, and building a strong defense strategy.

They also negotiate plea bargains and work to reduce or dismiss charges.

In some cases, they may also represent their clients during appealsCriminal & Defence Lawyer

To become a criminal defense lawyer, one must complete a law degree and pass the bar exam. Many criminal defense lawyers also have experience working as prosecutors or public defenders.

Criminal defense lawyers play a crucial role in the justice system by ensuring that everyone has access to a fair trial.

They work tirelessly to protect the rights of their clients and to ensure that justice is served.

Criminal litigators before the Bulgarian court :

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 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

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;Criminal & Defence Lawyer

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 law office

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.

Not found