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Recognition of foreign judgments

Most of the clients asking for legal support in Recognition and Enforcement of Foreign Judgments

In today’s globalized legal landscape, cross-border litigation has become increasingly common.

A pivotal aspect of such cases is the recognition and enforcement of foreign judgments.

In Bulgaria, this process is governed by a combination of domestic legislation and international treaties, ensuring that foreign judgments are acknowledged and enforced under specific conditions.

The legal Framework

1. EU Judgments

For judgments originating from EU Member States, Bulgaria adheres to Regulation (EU) No 1215/2012, commonly known as the Brussels Ibis Regulation.

This regulation facilitates the automatic recognition and enforcement of civil and commercial judgments across EU countries, eliminating the need for a separate exequatur procedure.

2. Non-EU Judgments

Judgments from non-EU countries are subject to the provisions of the Bulgarian Code of Private International Law (CPIL).

Specifically, Articles 117 to 124 outline the criteria and procedures for recognizing and enforcing such judgments.

Conditions for Recognition and Enforcement

According to Article 117 of the CPIL, a foreign judgment can be recognized and enforced in Bulgaria if the following conditions are met:

Jurisdiction: The foreign court must have had jurisdiction under Bulgarian law.
Proper Service: The defendant must have been duly served with the claim and had an opportunity to present their case.
Finality: The judgment must be final and binding in the country of origin.
No Conflicting Bulgarian Judgment: There should be no existing Bulgarian judgment between the same parties on the same matter.
No Pending Bulgarian Proceedings: No ongoing proceedings in Bulgaria should involve the same parties and subject matter.
Public Policy: The judgment must not contravene Bulgarian public policy.

The legal steps

1. Application Submission

An interested party must submit an application to the Sofia City Court for recognition and enforcement. The application should include:

A certified copy of the foreign judgment.
A certificate confirming the judgment’s finality, issued by the originating court.
Evidence of proper service to the defendant.
A translation of the documents into Bulgarian, certified by a sworn translator.

2. Court Examination

The Sofia City Court will examine the application to ensure compliance with the conditions outlined in Article 117 of the CPIL.

The court does not reassess the merits of the case but focuses on procedural and jurisdictional aspects.

3. Issuance of Enforcement Order

If the court recognizes the foreign judgment, it will issue an enforcement order.

This order allows the creditor to initiate enforcement proceedings through a bailiff in Bulgaria.

Appeals and Objections

The debtor has the right to appeal the court’s decision within two weeks of notification.

However, objections are limited to procedural grounds and cannot challenge the substance of the original judgment.

Special Considerations

1. Reciprocity Principle

Bulgaria may require evidence of reciprocity, meaning the foreign country would recognize Bulgarian judgments under similar circumstances.

2. International Treaties

Bulgaria is a party to several international treaties that may influence the recognition and enforcement process, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Recognizing and enforcing foreign judgments in Bulgaria involves a structured legal process aimed at balancing international cooperation with national legal principles.

By adhering to the outlined procedures and ensuring all conditions are met, foreign judgments can be effectively enforced within the Bulgarian legal system.

For further information or assistance, consulting with a legal professional experienced in international private law is advisable.

May 4, 2019/by lawyer

Legal advices, News, Personal

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 appeals

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;

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.

July 29, 2018/by lawyer

Legal advices, News, Uncategorized

Getting enforcement letter Bulgaria

Many foreigners in Bulgaria call us when they need some legal help for getting enforcement letter Bulgaria.

Discover the simplified process of obtaining an enforcement letter in Bulgaria through the order for payment procedure.

Procedure for Issuing an Order for Payment

The Order for Payment procedure serves to streamline the enforcement of monetary claims and property restitution without the need for a legal trial.

Our legal fees and Expenses:

– Fees for initiating the procedure amount to 2% of the claim value.
– Additional expenses may include attorney’s fees, depending on the claim value.

What Happens if the Debtor Objects?

If the debtor raises objections against the issued order for payment, a trial ensues.

However, if the debtor fails to object, a writ of execution is issued in favor of the claimant, triggering the enforcement procedure with an additional 2% cost.

**Getting Enforcement Letter in Bulgaria**

Under the current Civic code, anyone can request the district court to issue an enforcement order.

This order, based on Art. 410 and Art. 417 CC, serves as a valid ground for obtaining an enforcement letter.

Quick and Economical Process:

The enforcement order acts as a replacement for a judgment, ensuring a swift and cost-effective process.

Claims can be based on various grounds, such as employment contracts, rent agreements, loan contracts, or any bonding relationship.

The entire process in Bulgaria:

1. The applicant (creditor) submits an application to the district court, usually at the debtor’s permanent address.
2. The court examines the application for regularity and proceedings’ admissibility.
3. The applicant must specify the basis for their claim, supported by relevant documents.
4. The debtor has 14 days to object, but any objection during this period holds no evidential value for the claim’s existence.
5. If no objections are raised or resolved, the enforcement order becomes the basis for issuing a writ of execution, initiating enforcement proceedings.

Claimant’s Response to Objections:

– If the debtor contests the claim, the claimant has one month to file a claim with the same court.

Navigating the Order for Payment procedure ensures a swift, surprising, and economical process.

Should you need assistance in the enforcement proceedings, our experienced team is here to guide you through the legal intricacies. 📜

🤝 #EnforcementProceedings #BulgarianLegalSystem #OrderForPaymentProcedure

July 16, 2018/by lawyer

Legal advices, News, Personal

Debt collection Litigation

Our team of litigation lawyers aid clients in managing and resolving civil disagreements in Debt collection Litigation.

We offer a comprehensive range of services including pre-trial counseling, advocacy, risk evaluation, out-of-court settlements, and representation in arbitration tribunals and courts at every level for both corporate clients and individuals.

We’ve built a solid reputation as debt collection litigation lawyers, tracking record in commercial and civil litigation cases presented to local courts.

In recent years, we’ve successfully broadened the scope of our dispute resolution practice.

Our legal portfolio encompasses high-stakes international arbitration both within and outside of Bulgaria, as well as large and intricate international disputes that involve multiple jurisdictions and/or matters.

The disputes we handle can range from:

Outstanding payments or
Unmet contract obligations to
Issues between landlords and tenants,
Violations of property rights,
Claims related to construction,
Legal cases involving insurance liabilities,
Transportation accident cases,
Defective product disputes, trade industry legal disputes, and more. There’s virtually no limit to the list of disputes we can help resolve.

That’s just in the commercial sphere

Our comprehensive guide to commercial competency extensively explores the usual types of litigation involving private individuals.

When disputes cannot be resolved through negotiation, they are typically brought to a close either through courtroom litigation or an alternative form of dispute resolution.

Arbitration and mediation are the most frequent alternatives in Debt collection Litigation.

Arbitration, often designated as the desired method in business contracts, functions much like a private court.

Mediation, on the other hand, is typically accomplished through structured discussions between the conflicting parties, supervised by an impartial mediator.

However, these alternative solutions can present their own issues:

the cost of arbitration can rival that of traditional litigation,
mediation may not be suitable for intricate cases,
some suggest that alternative dispute resolution methods can be exploited as a strategy for draining financial resources from one another or for concealed questioning.

What we offer to our clients ?

Counsel plaintiffs about the legitimacy of their case, and guide defendants on whether to resolve or battle against a claim presented towards them.

Collect proof and secure witnesses to fortify the client’s stance; devise strategic plans for the case.

Commence court proceedings or initiate alternative dispute resolution methods if discussions with the adversary don’t yield a satisfactory outcome.

Act as a representative of clients during pre-trial meetings and case management discussions.

Participate in meetings with barristers, providing them with the necessary briefs to carry out advocacy in hearings, trials, and arbitrations.

Accompany clients to trials, arbitrations and mediations; offer support to barristers.

June 24, 2018/by lawyer

Legal advices, News, Personal

Registration of a branch

The dynamics of modern business relations can easy switch to another country of doing business in different settlements by registration of a branch.

If you have such a need, you are generally faced with three options for doing business:

A) register individual “subsidiaries” of trading companies and through them to carry out your business.

With this option new companies are emerging and they have separate business enterprises.

The common between them is in the owner who owns them, but in the case of third parties they are completely independent subjects;

B) to disclose retail outlets (warehouses, shops, etc.) in the different settlements, without creating new companies and operating in them.

In this situation, no new legal entity emerges – a company, the trader himself engages in legal relationships with third parties.

B) register a branch through which to separate the performance of part of your activity in a settlement other than that in which your company has its registered office.

The branch is a legal-organizational form for carrying out a business activity in which a trader (firm), through a relative separation of part of its activity, carries it out in a settlement other than that in which its seat is located.

In the internal relations, the branch is dependent on the trader and this dependence is manifested in different directions, for example in:

A) the lack of an independent firm, and the branch company includes the trader’s firm and the branch add-on;

(B) the branch is part of the trader’s business (and, if transferred, the branch is transferred).

In disputes arising out of a direct relationship with a branch, claims are brought against the firm (as may be done at the headquarters of the branch);

B) the termination of the trader also leads to the termination of the branch (the same applies when the bankruptcy is declared);

D) the branch does not compile a stand-alone balance – the branch leads commercial books as a sole trader without compiling a separate balance sheet.

Registration of a branch

Branch registration is the result of the following procedure, which includes:

1. decision on the establishment of a branch;

2. election of a branch manager;

3. Entry in the Commercial Register (TP).

The decision to register a branch is taken by the competent corporate body under the rules of the relevant commercial company:

The decision should contain a clear intention to establish a branch and its headquarters, address of management, subject of activity, manner of management.

Setting up a Bulgarian branch by a foreign company is one of the legal forms for establishment of a business presence in Bulgaria.

Usually the branch office is considered to be an alternative to being a (sole) shareholder of a Bulgarian company.

The Bulgarian branch office is not a separate legal entity but a part of the foreign company.Registration of a branch

As a result, share capital of the branch is not required and the foreign company is liable for the liabilities incurred by the branch.

Legal Representative of the Bulgarian Branch

Though the Bulgarian branch office is not a separate legal entity and appointment of a director is not required, the authorization of a legal representative of the branch is mandatory.

The representative powers of the legal representative are determined by a power of attorney granted to him by the foreign company.

Registration with the Bulgarian Commercial Register

Under Bulgarian legislation branches are required to be registered with the Bulgarian Commercial Register. The necessary documents to register a branch in Bulgaria include:

official certificate of good standing of the foreign company;

official incumbency certificate containing the particulars of the persons authorized to represent the foreign company and their representative powers (if not contained in the certificate of good standing);

resolution of the foreign company to establish a branch in Bulgaria (the persons competent to adopt such a resolution are determined by the national corporate law of the foreign company);

constituent act/articles of association of the foreign company;

notarized power of attorney granted to the legal representative of the Bulgarian branch;

notarized written consent and specimen signature of the legal representative of the Bulgarian branch;

declaration under art.13, para. 4 of the Bulgarian Commercial Register Act.

Accounting

Under the Bulgarian Commerce Act following the successful branch office registration, the branch is required to maintain its own bookkeeping as well as to prepare a balance sheet.

Taxation

Under the Bulgarian tax legislation the profit generated by a foreign company’s branch established in Bulgaria is subject to corporate income tax.

June 24, 2018/by lawyer

Legal advices

Changing manager LLC Bulgaria

Change in the manner of management and representation or change of the person (s) representing the company

A change in the management of a company may occur when two or more persons are elected in the place of a manager to represent and manage the company together or separately, as well as the appointment of a procurator.

I. In the Commercial Law an option is provided by the manager of the company aloneto request it to be removed from the Commercial Register by giving written notice to the company.

Within one month of receipt of the notification, the company must declare its release in the Commercial Register for entry.

If the company does not do so, the manager may himself file for registration the fact that is entered, whether or not another person is elected in his place. In a nutshell, in order for the manager or the liquidator to declare the deletion alone, the law provided for the existence of two prerequisites – the manager / liquidator / requested the deletion by written notification to the company and the company had not declared its deletion in within one month of receipt of the notification.

The second and more frequent reason for change of manager in OOD is

Election of a new governor after the expiry of the mandate of the old governor or
Withdrawal of the manager’s authorization at any time during his term of office,
Resignition of the manager.

Empowerment of the manager may be withdrawn at any time and his name deleted from the commercial register.

The freedom of the general assembly to free the governor at any time, respectively to elect a new governor, is imperatively regulated by the legislator, and it results from the free withdrawal of empowerment (including empowerment).

There is a complete correspondence between the possibility of the general meeting of the company to withdraw the authorization of the manager / for the dismissal of the manager / as provided in Art. 141, para. 5 of the Commercial Act, the unilateral withdrawal of the manager, with a written notification to the company. The possibility of a free change of the manager is related to the fact that the legislator did not introduce grounds for the dismissal of the manager.

Even in cases where such a foundation is provided in the company agreement, they could not overcome imperatively the art. 141, para. 4 of the CG freedom of the General Assembly to withdraw the authorization, but such grounds would have significance in the search of the manager’s responsibility.

The change of the manager of the company should be entered in the Commercial Register.

Upon the change of the current manager, it is necessary to conclude a new written contract for the assignment of the management on behalf of the company, also the general meeting must take a decision to amend the company contract if the management and representation of the company change are the essential elements of the contract.

This decision must be taken by a majority of more than three-quarters of the capital unless a majority of the company’s agreement is provided.

The decision shall be drawn up with a notary authentication of the signatures and the contents made at the same time, unless a written agreement is provided in the Articles of Association.

The decision shall be entered in the record book. In LLC, a change in the way of management most often means assigning the management of EOOD to a procurator, but it is possible to appoint a governor if the constitutive act does not exclude the possibility of appointing a third party manager.

The procedure for entry in the Commercial Register and the register of non-profit legal entities lasts three working days.

Our legal services includes:

1. Drafting & preparation of the necessary documents, according to the requirements of the Commerce Act;

2. Drafting of applications of the Registry Agency – Commercial Register and all other necessary documents;

3. Transfer & payment of Register state fee for recording changes in circumstances;

4. Transfer of all state fee for Commercial Register, bank Fees;

With our service we will save you valuable time, with our knowledge and skills we will complete the entire procedure for you at moderate competitive prices.

June 24, 2018/by lawyer

Legal advices

Open a representation office

Trade representation office

Many of our clients are foreign entities wishing to register a commercial agency or branch office of a foreign legal entity in Bulgaria. In this regard, working as lawyers in commercial cases in Bulgaria, we would like to inform you that all foreign persons engaged in commercial activities may open commercial offices in our country.

According to the Bulgarian laws, trade representation can perform non-profit activities, advertising of goods and services, and more.

Commercial representation of foreign person has got the right to operate an independent business. The regime of any commercial representation of foreign legal entity in Bulgaria is regulated by the Law on Investment Promotion (IPA).

When establishing trade representation of foreign legal entities, they must register in the Bulgarian Chamber of Commerce and Industry (BCCI). For the establishment of foreign investments under Bulgarian law, in addition to five different companies listed above, the investor may choose one of the following corporate forms:

OPEN a Branch office or
OPEN a trade representation.

A commercial legal entitywhich has got the right to perform commercial activity under its national law, may register a branch in the Commercial Register. The branch is not considered as a separate legal entity. The branch is not required to have any paid up capital or separate governance structure. Its assets and liabilities are considered of the mother company.

Representative Office

Foreign persons authorized to do business under their national law may establish a representative offices in Bulgaria. A representative office is registered at the Bulgarian Chamber of Commerce. The office is not a separate legal entity and cannot carry on business activity. Thus, the purpose of the representative office is to perform activities such as promotions, exhibitions, demonstrations, training and advertising of products or services.

Registration of a foreign person’s representative office

the legal framework is the Investment Promotion Act, and the competent authority. The registration body is the Bulgarian Chamber of Commerce and Industry.

Procedure and documents required

Official registration document of the foreign person issued by the relevant competent authority as per its national legislation.
Official document regarding the persons managing and representing the foreign person.
Resolution of the managing body of the foreign person for opening a representative office in Bulgaria.
Special notarized original power of attorney issued by the person(s) representing the company, for the person authorised to register and manage the representative office in Bulgaria. It also is specifying the powers granted to the latter.
Original specimen(s) of the signature(s) of the person(s) being representative(s) in Bulgaria, whether by virtue of law or by special authorisations, certified by a notary public.
Document evidencing payment of the registration fee for the representative office.

Terms of registration

The registration terms are between 1 and 3 days (according to the declared wish and the fee paid).

Procedure for registration of a trade representation office

An applicant can be any resident with the right to conduct business under its national legislation. We can prepare for you all documents necessary for registration of a trade representation of foreign legal entity. Persons who are representatives of foreign commercial companies and have registered trade offices in BCCI can obtain a permit for continuous stay in the country. The term is one year (Art. 24, paragraph 1, p. 6 of the Law on Foreigners in the Republic of Bulgaria). The actual residence permit may be renewed on the same grounds after the expiry of the prescribed term.

Requirements:

Upon registration of a trade representation, you must have the funds from abroad for its maintenance. This applies also to any proceeds from SSI benefits for workers who are Bulgarian citizens. Since no representation carries on business, commercial offices are not required to file an annual tax return. For the same reason, they do not pay withholding taxes under the Corporate Income Tax Act.

Although not transact business, commercial offices are tax-liable for the social costs of staff employed under an employment contract and management. Regarding the law, transactions and payments made by residents in the country, carried out by commercial representation on his behalf or under the authority of the foreign entity, are considered as accomplished independent economic activity subject to taxation.On the grounds of Article 24, paragraph 1 of the Law on Promotion of Investment, trade represantation of foreign entities offceis are obligated to enter in the Commercial Register of the Chamber of Commerce.

When a foreign person can register as a trade representative in Bulgaria?

As lawyers in commercial matters, we will advise you that this happens when the company has got the right to conduct business, in accordance with the law of the country it had been established in.

Legal aspects in conducting business

Foreign person who has got trade representation in Bulgaria cannot carry out business on his/her behalf. This is because he/she is not a legal entity. Concluded with his/her brokerage transactions are conducted on behalf of the principal (non-resident).

Commercial representation must be recorded in the Unified Commercial Register of the Bulgarian Chamber of Commerce and Industry (BCCI), despite the fact that it is not a legal entity and has got no right to conduct business.

For more information about the types of legal services we offer, please contact us. As for as commercial ajnd compnay lawyer on +359 2/858 10 25, or by e-mail to: info@lawyer-bulgaria.bg.

June 18, 2018/by lawyer

Legal advices, News, Personal

Child maintenance in Bulgaria

Some of our clients asked for legal support in child maintenance in Bulgaria.

When it comes to child maintenance in Bulgaria, many factors can influence the amount of child support that must be paid or received.

It is crucial to seek legal advice to ensure that your specific circumstances are addressed adequately.

Legal support in child maintenance cases

One important aspect to consider is that child maintenance obligations may differ across countries.

Depending on where the child, mother, or father resides, claims can be lodged in various jurisdictions.

Even if you and your family members live in different countries, maintenance claims can often be filed, where one of the parents or the child lives.

The most import issue for the case with family lawyer is to determine the applicable jurisdiction.

Obligations for child maintenance payment

Under Bulgarian law, when a court has issued a decision regarding child maintenance, the obligated parent must comply with the court’s ruling.

Failure to pay maintenance for more than two months constitutes a criminal offense under Article 183, 1 Criminal Code.

Enforcement and Consequences

If maintenance payments are not made as ordered by the court, the recipient may initiate an enforcement action.

This process allows a state or private enforcement agent to collect the owed amount through compulsory measures, such as:

– Garnishing wages
– Freezing bank accounts
– Seizing property, including cars and real estate

Non-payment of child maintenance can lead to additional costs for the debtor, including enforcement fees, legal fees, and other related expenses.

Liability for Non-Payment

In addition to enforcement actions, failure to pay child maintenance for two or more months may result in criminal prosecution.

The entitled person or their legal representative can request the initiation of pre-trial proceedings for a crime under Article 183, 1 Criminal Code.

The penalty for non-payment can include imprisonment for up to one year or probation.

While probation may seem lenient, it carries significant legal consequences and should not be taken lightly.

It is a serious result of criminal liability that can affect the convict’s legal standing.

Legal Assistance for custody cases

Whether you are the one obligated to pay child maintenance or the recipient, it is critical to seek legal advice to protect your rights.

Our experienced Bulgarian family lawyers can provide comprehensive legal support

We ensuring that both your interests and the best interests of the child are fully safeguarded.

For more detailed guidance on child maintenance obligations, enforcement actions, or criminal liability for non-payment, contact us today for expert legal assistance.

June 8, 2018/by lawyer

Legal advices

Purchase property in Bulgaria

Our law office D.Vladimirov & Partners provide a professional legal services to purchase property in Bulgaria.

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.

Once you’ve found a home you plan to buy and agreed the selling price, you will need to take the following steps:

Signing a preliminary contract and pay a deposit.
Signing the notary deed and make the final payment.

The buying process is generally straightforward and is often completed within a month. EU citizens can purchase and own property in Bulgaria in the same conditions as locals.

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 in Bulgaria

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.Purchase property in Bulgaria

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.

Preliminary Contract

The first stage in buying a home in Bulgaria is the signing of a preliminary contract. Your lawyer is responsible for ensuring that this is drawn up correctly and you shouldn’t rely on an estate agent to do so.

It’s important not to pay a deposit or sign a preliminary contract prior to performing an in-depth due diligence of the property.

Check that the property has the same dimensions as advertised, if there are any undisclosed encumbrances (i.e pending costs) and that all the necessary permissions and documentation are in place.

While some agents or developers will provide a properly-drawn up contract, some won’t – and unless you’re a Bulgarian-speaking lawyer you won’t be able to tell which is which!

For peace of mind it’s recommended that you have the contract drawn up or at least checked by a Bulgarian property lawyer.

There are a number of types of preliminary contract, depending on whether you’re buying an existing (built) property or a new property off plan (i.e. yet to be built or under construction).

Signing the Notary Act

Signing the notary act (sometimes referred to as the notary deed, purchase contract or final contract, which is equivalent to a title deed) is the final step in taking ownership of your property.

If you’re unable to be present at the signing, you can have your agent or lawyer sign it on your behalf if you’ve given him power of attorney.

You should always sign the notary act in person if you’re buying a brand new or off-plan property, to make sure that all the requirements of the preliminary contract have been met.

The signing of the notary act takes place in front of a notary public, who first checks that all the conditions contained in the preliminary contract have been fulfilled.

It’s normal for all parties concerned to be present when the final contract is read, signed and witnessed by the notary, including the estate agent, developer (for new or off-plan property), your lawyer and your translator.

Either party (buyer or seller) can give a representative power of attorney. In the case of an off-plan purchase, the final contract isn’t signed until the building is complete.

Find independent legal advice for purchase property in Bulgaria

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 they were acting for both parties.

Appoint a qualified 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

May 20, 2018/by lawyer

Legal advices, News, Personal

Bulgarian construction lawyer

Our lawyers have been involved in a wide range of construction projects, from small and medium size projects, such as construction of petrol stations, to major thermal power plants as Bulgarian construction lawyer.

We provide advice to investors, developers, financing institutions and government organisations.

Our thorough appreciation of the risks involved in property development and construction ensures we work together with our clients to minimise those risks.

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 (“Act 15”) which is signed by the investor, the designer, the contractor and the supervisor.

This Certificate called Act 15, the supervisor prepares a final report on the execution of the works.

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. Bulgarian construction lawyer

It is examined by government construction authorities if it corresponds to the initial architectural project about which the building permission is received.

These four stages are absolutely obligatory and a must according to the Bulgarian Construction Law

Our law office provides professional consulting services and negotiaton assistanceship bteween the foreign investors and the construction contractors.

OUR LEGAL PRACTICE – CONSTRUCTION PROCEDURES

Throughout the years of our practice in the fields of construction law.

We actively took part into the development of folowing :

A/ infrastructural projects,

B/ linear and site infrastructure projects,

C/ gas stations, environmental

D/ 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.

We are also able to provide legal advice upon the necessary demolition of equipment, whose operation is terminated.

We can assist you on a wide range of construction matters including:

pre-contract and tendering advice
drafting and negotiating of contracts
planning, environmental and building regulation issues
joint ventures, investment vehicles and funding
procurement structures and construction documentation
negotiating with local planning authorities
approval of designs, issuance of construction and operational permits
dispute resolution

We are used to work in each and every step of the construction process, including demolition of lawful buildings.

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,
EPC contracts,
design supervision contracts,
construction supervision contracts.

We represent our clients in the negotiations on the specific terms and conditions, rights, obligations 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.

Changes in the construction law

Аfter it came into force last month, changes in the law on spatial planning, which set the functions of the Ministry of regional development

The legal act to be divided into two separate, one will govern the territory, and the other will affect the investment process in construction.

The deputy hopes that with the new changes in the law will stimulate investment in construction.

Another major problem that hinders the investments, is the lack of general development plans of municipalities.

If you have any construction legal questions or issues in Bulgaria you need an expert lawyer to protect your rights.

May 9, 2018/by lawyer

Posts

Recognition of foreign judgments

1. EU Judgments

2. Non-EU Judgments

Conditions for Recognition and Enforcement

The legal steps

1. Application Submission

2. Court Examination

3. Issuance of Enforcement Order

Appeals and Objections

Special Considerations

1. Reciprocity Principle

2. International Treaties

Criminal & Defence Lawyer

Criminal litigators before the Bulgarian court :

Litigation, protection

Providing legal assistance, protection and assistance to victims of crime;

Our main activity as a criminal defence law office

Getting enforcement letter Bulgaria

Procedure for Issuing an Order for Payment

What Happens if the Debtor Objects?

Quick and Economical Process:

The entire process in Bulgaria:

Claimant’s Response to Objections:

🤝 #EnforcementProceedings #BulgarianLegalSystem #OrderForPaymentProcedure

Debt collection Litigation

The disputes we handle can range from:

That’s just in the commercial sphere

However, these alternative solutions can present their own issues:

Registration of a branch

In the internal relations, the branch is dependent on the trader and this dependence is manifested in different directions, for example in:

Registration of a branch

Legal Representative of the Bulgarian Branch

Registration with the Bulgarian Commercial Register

Accounting

Changing manager LLC Bulgaria

The change of the manager of the company should be entered in the Commercial Register.

Trade representation office

Representative Office

Registration of a foreign person’s representative office

Terms of registration

Procedure for registration of a trade representation office

Requirements:

When a foreign person can register as a trade representative in Bulgaria?

Legal aspects in conducting business

Child maintenance in Bulgaria

Legal support in child maintenance cases

Enforcement and Consequences

Liability for Non-Payment

Legal Assistance for custody cases

Purchase property in Bulgaria

Property legal check-up

Preliminary Contract

Signing the Notary Act

Find independent legal advice for purchase property in Bulgaria

Bulgarian construction lawyer

Issue of Certificate for rough construction, roof level, (Act 14)

During the construction process the authorities issue an acceptance of the completed works by the investor and the supervisor

The executor of the construction works hands over the building to the investor.

OUR LEGAL PRACTICE – CONSTRUCTION PROCEDURES

We can assist you on a wide range of construction matters including:

Changes in the construction law

Any more questions? Call us on + 359 897 90 43 91 !

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