Bulgarian Legislation has a several levels of court litigation. Basically yhe court litigation in Bulgaria has been created and settled in four different instances (stages).
The first instance court litigation in Bulgaria – the city court
The first instance court litigation in Bulgaria involves the investigation and filling up the statement of claim. During the first stage of the litigation in Bulgaria, a lawyer starts the investigation of the factual basis of the claim and the legal theories of liability.
After the claim is filed together with all available written evidence, the defendant party in the litigation in Bulgaria shall be officially notified by the court and shall submit its position, also known as a “response”.
Usually it denies the allegations, filed by the offender party and denies any liability for the claim.
The judge shall schedule open court hearings for the litigation in Bulgaria where witnesses and experts appointed by the court may be questioned by the judge and the parties. Once the judge decides that all
facts on the case of the litigation in Bulgaria are clear, the parties present their final oral arguments, and the case is closed.
The judge renders the decision in close chambers and officially notifies the parties on its content. The first court instance of the litigation in Bulgaria may take one to three years depending on the complexity of the dispute.
The second instance court litigation in Bulgaria – the appealing court
Within two weeks after the notification for the first instance court decision in the litigation in Bulgaria the parties are entitled to appeal it before the second instance court.
Under certain conditions the panel of three judges may allow new written and oral evidence. This stage of court litigation in Bulgaria usually takes one and a half year.
The third (last) court instance litigation process – the Supreme Court of BG
The third final stage of court litigation in Bulgaria is the cassation stage, which in contrast to the previous stages is not applicable to all cases.
Both parties are entitled to file a cassation appeal, however, the Supreme Court of Cassation decides which cases will be heard depending on their subject matter and significance for the development of the law.
The cassation decision of the litigation in Bulgaria is mandatory not only for the parties but also for the judges when deciding on similar cases. This stage of court litigation in Bulgaria usually takes one and a half year.
Execution stage of court litigation in Bulgaria
The fourth and last stage of the court litigation in Bulgaria is the execution of the final decision on the case. A writt of execution shall be issued by the court, then public and private bailiffs are vested with enforcement powers.
In case the debtor does not pay voluntarily, the bailiff shall attach and sell its property (i.e. money in bank accounts, real estate assets, movables, etc.) until the final satisfaction of the creditor.
Execution tends to be more successful if the creditor has been granted interim relief prior or during the court litigation stages securing its claim in advance.
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The most common and most popular legal-organizational form for performing micro, small or even medium business in Bulgaria is Limited Liability Company. Through the registration of a company, usually a small number of partners of shares resources and efforts to carry out their business project.
But often different reasons, both objective and subjective, lead to situations in which one or more partners leave the company.
When leaving the company without the consent of the other partners, it is necessary to carry out and terminate the procedure of unilateral departure of the company. It is initiated by sending a notice under Art. 125, para. 2 and 3 Commercial Code. However, when leaving the company it is agreed and shared with the other partners, it is done by transferring the shares held to the other partners or to a third party with a contract.
Transfer company shares LLC Bulgaria, company lawyer Bulgaria, Transfer shares Bulgarian company, Purchase shares Limited company Bulgaria
The transfer of shares, even when the company is sole proprietor, should be distinguished from the transfer of a company and the transfer of an undertaking.
Shares, a company, and an enterprise are three differenmet concepts and three different object deals respectively. According to the Commercial Law, a company is the name under which the trader exercises his trade and is signed. The business firm may only be transferred with the enterprise but may be changed by the trader at its own discretion at any time.
The enterprise, for its part, represents a set of rights, obligations and factual relationships. The transfer of the enterprise (in whole or in part) is a transaction other than the transfer of the shares in the company.
The parties to the transfer agreement are the traders themselves (ET or companies) and the parties to the share transfer agreement are the owners of these shares (natural or legal person) and their purchaser (natural or legal person).
After transferring the property, the property rights (property, cars, belongings, inventory, receivables, debts, etc.) are transferred from one trader to another, whereas, after the transfer of shares, these assets remain the property of the same company. this company.
Transfer of shares from Bulgarian LLC
The transfer of shares is regulated in Art. 129 Commercial Code. When this transfer occurs between partners, it becomes free (unless otherwise provided in the Company Agreement). However, if the shares are transferred not to a third person or persons, it is necessary that the buyers apply for their admission to the company, which is considered by the General Meeting. Ie. the transfer of shares to outsiders is made by the will of the other partners. On the basis of the submitted application a General Meeting is convened, which votes and decides on the admission of a new partner in the company. The decision is taken by a multiple of ¾ of the capital, unless a larger majority is provided for in the company agreement. This decision is formed in a protocol, which (in view of amendments to Article 137 of the Commercial Code) should be with a notary certification of the signatures and the content.
If the General Meeting approves the planned shareholding, a share transfer contract is prepared. Shares can be transferred at both a nominal and an agreed (market) price – lower or higher. The contract is notarized on both the signatures and the content.
Changes in the Commerce Act since the end of 2017 have also introduced a new requirement for the transfer of shares – whether between partners or outsiders. The new requirements were included in Art. 129 of the Commercial Code.
According to them, for the transfer of the shares, the company should have no outstanding salaries, indemnities and compulsory social security contributions of the employees, including employees, whose employment relationship was terminated within three years prior to the transfer of the shareholding.
However, it has not been clear from the changes what document the fulfilment of this requirement is, and the changes that have been made so far should be further modified to clarify the procedure.
Thus, in mid-February 2018, the law was supplemented, that in the Commercial Register, declarations in a form drawn up by the Company Manager and the transferor of the shares are submitted that the company has no outstanding and outstanding obligations of this kind. A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy.
After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. that the company has no outstanding and outstanding obligations of this kind.
A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy.
After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. that the company has no outstanding and outstanding obligations of this kind. A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy. After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, Executive Department “Main Labour Agency”, notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. but the Registry Agency is obliged to immediately notify the IA “GLP”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. but the Registry Agency is obliged to immediately notify the IA “GLP”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors.
After the shares are transferred, a new general meeting is convened, in which the new owners – who have acquired the quality of partners – participate. At that meeting a decision is taken to accept and sign a new company contract and to enter the changes in the Commercial Register. Other decisions can also be taken at this meeting (seat, address of management, company, etc.). If the old partner was also a manager (except a partner), and if the new manager is also planned, a decision is made at that meeting to release the old and appoint the new partner as manager.
Entry in the Commercial Register is made by submitting an application Form A4, which is signed and deposited by the manager of the company. The law lacks the empowerment of the old shareholder who has ceased participating in the company, if he is not a manager; declare the entry of the change. The record of the new manager shall also be accompanied by documents related to this quality (specimen, declarations, etc.). Adoption of a new partner has effect vis-à-vis third parties from its entry in the Commercial Register.
Transfer of shares from Bulgarian LLC
A particular feature of the transfer of shares in such a company is that the owner is a single person. That’s why the only partner is called the sole owner of the capital. This sole proprietor can transfer all or part of its shares. In the second case, the company will be transformed into OOD.
For the transfer, a decision of the sole proprietor is required, which is reflected in a notarized record. Following is the conclusion of a contract for the sale of the shares, which is also certified notary. In the case of transfer of shares in EOOD no applications for the admission of a new partner are prepared and submitted as a party to the share transfer contract is the sole shareholder in the company. However,the requirements of Art. 129, para. 2 Commercial Code for lack of obligations are valid here as well.
After the transfer of the shares, the new sole owner takes a decision on the dismissal and appointment of a manager, the adoption of a new instrument of incorporation, as well as other changes upon request. If the sole proprietor transfers only part of his shares, these decisions are taken by all the partners.
Nature and characteristics of the transfer
With the transfer of shares, in practice, the membership of the company is transferred and its personnel is changed. Both membership rights and obligations, including non-material ones, are transferred. The transfer may only take place if the shares sold are not apprehended for the obligations of the owner and the divestment is entered in the TP. The transfer itself can take the form of a sale or sale, but it can also be shaped like a donation, a replacement, a contribution, etc. If the case vendor has not paid in full its share contribution, 130 and both parties to the transaction are jointly and severally liable for this outstanding obligation. Shares may be held in joint ownership (one share is sold to several persons), unless the Company Agreement prohibits this. Theoretically, where shares are held in joint ownership by several individuals, it is possible to transfer an ideal part of the share – Art. 132 ТЗ.
In order to carry out the procedure and record the transfer to the Commercial Register, different fees are payable. All notarial certification of the signatures and the content of the documents applied shall be paid in accordance with the Tariff of Notary Fees to the LIND.
Bulgarian travel agency or tour operator businesses can be conducted only by Bulgarian companies that are listed in the Register of Tour Operators and Travel Agents, part of Bulgarian National Tourism Register. The registration is made with the Ministry of Economy, Energy and Tourism upon filing an application by the candidate together with a number of documents confirming that the applicant matches the criteria specified in Bulgarian Tourism Act and sub delegated legislation. Below we have summarized some of the basic registration requirements prescribed in Bulgarian Laws.
To begin with, those who want to be listed as Bulgarian tour operators and / or travel agencies must be:
Either merchants (Bulgarian companies) registered as per Bulgarian Commercial Act or
Legal entities entitled to conduct business under any other law of an EU member state country or another country within the European Economic Area
Any of the above two categories have the opportunity to register as full-service providers or online providers of tour operator or travel agency / tour operator services. The second option is relatively easier. Tour operators and agents that offer only online services benefit from a simpler registration regime and fewer application documents for their listing.
Generally the requirements can be classified in 5 groups:
Requirements to the professional qualification, education and experience of the person who will manage the Bulgarian tour operator or tourist agent activity; Requirements to the staff – education, language skills and work experience; Requirements to the premises (front office) where the business will be physically conducted; Requirements related to the insurance of the tour operator / tour agent in Bulgaria;
Additionally to the above, the applicant must show proof that it is not under a liquidation or insolvency procedure; it has not operated as a tour operator or travel agent without a license for the last 12 months; its certificate for registration has not been cancelled for the last 12 months.
Carrying out tour operator or travel agent activity without a certificate for registration is considered an administrative offense and is subject to fines ranging from BGN 500 to BGN 20 000.
With our service we for tour operator, touristic agency:
We will complete the registration procedure for your new company as a tour operator and / or travel agent for you. • We will prepare, fill in and submit the necessary documentation for your company registration in the Tour Operator Register and Travel Agents. • We will provide appropriate training and qualification for your staff if you need them. • We will save you valuable time, and with our knowledge and skills we will carry out the entire registration procedure of a tour operator / travel agent in the Register of Tour Operators and Travel Agents for you at moderate competitive prices.
The operation of the registration and the registration certificate is indefinite.
Registered persons are issued a registration certificate, which is placed in a prominent position on the tourist site.
The tourist voucher is issued for domestic and outbound tourism only by a registered tour operator.
The tourist voucher can be provided to the tourist and travel agent only in the name and on behalf of a registered tour operator.
The travel agent is not allowed to issue his / her own tourist voucher.
If you have any queries or ambiguities regarding the registration of a tour operator or travel agent, contact the team through the ONLINE CONSULTATION form and ask your question.
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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.
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.
Under the Bulgarian tax legislation the profit generated by a foreign company’s branch established in Bulgaria is subject to corporate income tax.
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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.
Any carrier wishing to carry cargo on the territory of the Republic of Bulgaria and / or on the territory of the European Union must register a transport company and hold the respective license to carry cargo on the territory of the Republic of Bulgaria or a license to carry out international freight transport.
This development concerns the registration of a freight transport company within the European Union (the procedure for registering a freight transport company on the territory of the Republic of Bulgaria is similar).
This is the issue of a Community license for the international carriage of goods. The procedure for issuing such an international transport license is regulated in ORDINANCE No 11 OF 31 OCTOBER 2002 FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS AND GOODS .
The state fee for issuing an international license for freight transport from January 1, is 500 leva. The freight license is NOT indefinite! It shall be issued for a period of validity of 10 years, after which it shall be renewable.
1. In order to operate as a freight carrier, you must first register a transport company. It is recommended to be in the form of EOOD or OOD.
The transport activity can be realized with both own and hired heavy trucks, but obligatory with Bulgarian registration.
2. The license of the transport company is issued by the Minister of Transport, Information Technology and Communications on a proposal of the Automobile Administration Executive Agency.
Any transport company applying for a freight license must meet certain specific requirements, namely:
I. REASONABILITY – The requirement of reliability is met when transport managers are not convicted of deliberate crimes of general character under the Penal Code or are not deprived of the right to exercise transport.
II. PROFESSIONAL COMPETENCE – The transport manager must have a Certificate of Professional Competence issued by the Automobile Administration Executive Agency or a Certificate of Professional Competence issued by a competent authority of a Member State of the European Union. Note that a person may be the head of the transport activity of no more than two transport companies.
III. FINANCIAL STABILITY – Demonstration of the financial stability of the transport company depends on the number of vehicles with which the transport activity will be carried out. For the first car, the transport company proves that there are resources for carrying out its transport operations, equal to the BGN equivalence of EUR 9,000, and for each subsequent car the BGN equivalence of EUR 5,000. The provision of the above mentioned resources for transport activity is evidenced by the corresponding amount in the capital of the transport company, through bank guarantee and insurance contract.
At the same time, the transport company must have no tax and social security obligations unless it is deferred or deferred under the Tax and Social Insurance Procedure Code, as evidenced by the Certificate for the existence or absence of tax liabilities.
IV. ESTABLISHING THE TERRITORY OF THE REPUBLIC OF BULGARIA – the transport company must have its own or hired operational center, garage area and office.
Compliance with each requirement should be certified by the relevant document. The circumstances declared in the contracts, declarations, etc. are controlled and controlled and checked prior to the license being issued by the licensing authority, so it is advisable to use advisory services to specialists who are familiar with the practical requirements for issuing such a license.
The time limit for the issue or refusal to issue a license for the carriage of goods is 30 calendar days from the date of filing of the application. If there is a document missing or there is an irregularity in the documents submitted, the deadline for their removal is one month after receipt of the instructions from the Ministry. The license is issued in as many copies as the vehicles themselves.
We would like to offr you our legal service as follows :
• Drafting of documents & registration procedure of your new shipping company for you.
• Legal advices to preparation , fill in and submit the necessary documentation for the issuance of an international freight license.
We will save you valuable time with our knowledge and skills to complete the registration process and get a freight license for you at moderate competitive prices. Call us now on `+ 359 897 90 43 91 or send us your mail on оffice@lawyer-bulgaria.bg
When co-owners of common property fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court for legal division of property
This way of termination of the co-ownership is settled as a particularly indisputable production, which takes place in two phases .
Any joint proprietor may file a claim for a division, which is always subject to the district court of the place of inheritance (in the case of a division of inheritance) or the location of the property (in the case of a split of a real estate). Where incapacity or abstention is involved in the partition, prior permission of the District Court is required.
Division by Court settlement. In any case of a court case (prior to the entry into force of the court decision on the distribution of the property), the judicial separation may end with a court settlement. Legal division of property
The latter includes a contract between the parties for the distribution of properties and a definition by which the court approves the settlement if it does not contradict the requirements of the law and good morals.
A particular type of court settlement is the agreement of the spouses to divide their property upon divorce by mutual consent.
FEATURES OF Legal division of property
First stage of the legal division of property
In the first phase of the partition the issues between who will be partitioned, which properties and what is the part of each ofthe partitioners are clarified .
The action for partition is not extinguished by prescription.
The subject matter of a division may be all or part of the property, unless the law provides otherwise, or if it is incompatible with the nature or purpose of the property. If one of the co-owners does not take part in the division, it is entirely null and void.
The court decides by a decision on the admissibility of the division, which is subject to self-appeal, after its entry into force, a new hearing is scheduled and the division continues in its second phase.
At the request of some of the distributors, the court ruled on the issue of the temporary distribution of the use of the property until the end of the divestment and the sums that the users should pay to the others.
– Second phase of the judicial split of property
In the second phase of the division a real distribution of the shares admitted to partition is made between the parties that are recognized as co-owners and according to the established shares with the court decision of the first phase of the admission of the division.
Whenever possible, each of the partitioners should receive a real share of the objects subject to the divestment, as the units are equalized with money.
In the second phase of the division, if submitted, the following shall also be considered:
the claims on the accounts of the distributors to recognize the costs he has incurred to increase the value of the property
claims to increase the inheritance (inheritance split)
as well as for the assignment of an indivisible residential property (in the case of a divorce of a matrimonial property community or an inheritance).
The casting may be done by drawing lots or by partitioning where the prerequisites provided for in law are available. Where a property is unalterable and can not be placed in one of the lots, the court shall order it to be put out for public sale.
This phase of the division ends with a court decision that has the power of a notary deed on shared real estate and is subject to entry in the Registry Office on the location of the property.
Public sale of the real estate
Where the co-owner to whom the property is awarded fails to pay the remaining monetary equation within six months, the award decision is invalidated by law and the property is exported to a public auction.
In this case, the property may not be sold for public sale and assigned to another co-owner if it has made a request for an assignment, the legal prerequisites are in place, and he immediately pays the price at which the property is valued at the split, less the value of his share in it.
When making the sale, the distributors take precedence over the third parties involved in the sale, each of them being able to buy the property at the highest bid.
If several distributors wish to redeem the property at the highest price offered at the first sale, a new sale is only made between these dividers, which is carried out under the general rules.
After that the actual distribution is executed. With the help of an expert the court divides the real estate by creating of separate shares for each co-owner after which each of them receives his property by lot.
Each party of the case for judicial division pays the outstanding court fees according to the market price of the received share. There are no obstacles for the parties to make an agreement about the way of termination of the co-ownership during the judicial division and to arrange a court settlement.
For many people the concept of “divorce” is associated with stress and material loss, and so many people prefer not to take action on their personal lives, hoping that over time they will all sort and do not apply for divorce. As we interact with many of our international clients and potential clients, we realize that most people do not understand the divorce laws in Bulgaria.
They are confused about the Bulgaria divorce process in general. But, this is totally understandable.
The law is complicated and most people are not lawyers, so they do not need to know this information. But if you are here reading this article, you are interested. So I am going to try to explain some of the Bulgaria divorce laws in the simplest terms possible without all the arcane legalese.
Lots of law firms have articles about different aspects of the Bulgaria divorce laws. They tend to be short articles about a particular subtopic, or they are covert advertisements about how great a particular law firm is, rather than an overview of the Bulgaria divorce process.
What’s the Process?
There may be some variations in the process depending on the facts of your case (like, whether you have children and where you live), but most divorces with agreement look something like this:
Divorce in Bulgaria is subject to the Family law in Bulgaria, governed by the Bulgarian Family code that settles relations based on marriage, kinship adoption, as well as well as guardianship and tutelage. In Bulgaria, divorce procedures could be done in two ways:
Divorce by mutual agreement or
Divorce through breakdown of marriage, when both spouses are Bulgarian citizens. As such, the Bulgarian legislation is applicable.
As relationships get worse, spouses acquire children, different property is acquired, but in fact the family does not exist in the meaning of this concept of morality and law.
Suddenly he / she / decides that they want more than life and divorce, which is often absolutely unexpected for the other partner who should take action to get out of this unpleasant situation with minimal mental and material loss.
Divorce due to marriage disorder is a procedure that aims to end marriage due to a “deep and irreparable” disorder (Article 49 Family code). The claim is constitutive, is brought to the district court on the defendant’s permanent address.
The court is seized with the filing of a claim by one of the spouses meeting the requirements of the CPC and containing the requisite requisites – addressee, country data, relevant annexes, etc. and the request to the court to settle a divorce due to a deep and irreparable marriage disorder.
The personal appearance of the parties is mandatory at the first hearing. A consequence of the plaintiff’s unreasonable failure to appear is termination of the case.
The legal procedure of divorce by claim order
The legal regulation of the procedure has been describen in art. 49-52 Family code.,
A divorce by mutual consent is preferred when both parties agree on the reasons for divorce and the court allows for the procedure to take place without investigating the cause for the dissolution of the marriage.
This is the simplest type of divorce in Bulgaria and the costs involved in the procedure are much lower than in other cases.
Spouses must come to an agreement regarding the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc.
The evidence of the deep and irreparable disorder of divorce, which is the basis for divorce cases, must be proven in a competitive process .
The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder – these may be objective circumstances, and or marital malfeasance of one or both of the spouses.
Divorce proceedings in Bulgaria due to marriage disruption should be initiated by only one spouse . If there is mutual consent for the divorce, proceed according to Art. 50 of Family Code – divorce by mutual consent.
Account should be taken of the restrictive legal norm of Art. 320 of the Code of Civil Procedure, according to which the divorce proceedings are suspended if the wife is pregnant (until the child’s 12 months of age) if she so requests.
Matrimonial claims must also be respected. procedural consumption (exhaustiveness of the marriage process), according to art. 322 of the Civil Procedure Code and according to the mandatory for the courts Interpretative Decision No. 1 / 4.01.2001. of the SCCS of the SCC:
Art. 322. (1) In a claim for divorce, the plaintiff must provide all grounds for the profound and irreparable marriage disorder. Any reasons not mentioned, which occurred and became known to the spouse until the oral hearing is completed, can not serve as a basis for bringing a new claim for divorce.
As stated above, as the basis for the divorce claim is the deep and irreparable disorder of marriage judged by concrete facts proving it, each of these facts is in itself a ground of claim. If a plea is not mentioned in the case, it is overturned and can not serve as a new claim on the basis of that fact. Therefore, all the facts of family life justifying the occurrence of a profound and irreparable marriage disorder should be indicated by the end of the oral hearings.
All matrimonial claims may be joined together. the following claims must be lodged and considered:
For exercising parental rights;
On personal relationships and child support;
Using the family home;
Maintenance between spouses and surname.
At the request of one of the parties, the court may prescribe temporary measures on the care and maintenance of minor children from marriage (if any), the use of family housing and other property acquired during marriage, etc. questions. The provisional measures shall have effect until the final decision is taken.
When selecting a divorce lawsuit – DIVORCE by mutual consentor DIVORCE by legal claim, apart from always the individual and personal specificities of the particular case, the due fees for the proceedings should be known and taken into account:
State fee are payable upon filing of the application. It is paid to the account of the relevant District Court.
Final state fee should be paid on the account of the respective District Court in case of divorce. 2 per cent on maintenance payments for 3 years maintenance fees for the child on bank account of the District Court.
Other costs may arise in the proceedings, such as expert opinions on one or other matter, the value of which is different and depending on the complexity of the expert’s task.
The burden of all costs in the case – state fees, lawyers’ fees, expert opinions are assigned to the guilty or ill-conscious spouse when there is a ruling on the guilt (according to the norm of Article 49, paragraph 3 of the Family Code, the ruling on wine matters is no longer official, but only if one of the spouses has requested such a ruling) or remains at the expense of each of the parties – as they have done in the course of the proceedings.
In this comment, the issues of divorce proceedings are examined in principle.
Always consider and choose the procedure best suited to the specific case.
Our family law officeprovides legal consultations and representation during the contested divorce – a procedure that is quite emotional for the parties.
The information provided below will help you find more about this procedure.
If you need our assistance please call us on + 359 897 90 43 91 or send us a mail firstname.lastname@example.org
Our family lawyer has been asked many times for the reasons and legal grounds for divorce in Bulgaria. Hiring a lawyer is advisable to avoid any futher problems.It is necessary. There are no formal impediments that would prevent either party from filing a petition in court.
Finally we would like to show basically the two important legal, grounds for divorce are set out in the Bulgarian Family Code: irretrievable breakdown of the marriage and mutual consent.
Divorce through breakdown of the marriage: Article 49 FC
Each of the spouses is entitled to petition for divorce where there has been a ‘serious and irretrievable breakdown’ of the marriage.
(2) When granting the decree of divorce the court makes a ruling on its own motion on the issue of the fault for the breakdown of the marriage, unless the breakdown is caused by objective factors which cannot be ascribed as the fault of either spouse.
(3) The court does not rule on the issue of fault for the breakdown of the marriage where the spouses so request and they submit to the court their agreement on the custody of any children and access to and maintenance of the children, and also on the division of their property, the use of the matrimonial home, the payment of maintenance and the use of the family name.
(4) A divorce is not allowed where the breakdown of the marriage is due solely to the misconduct of the petitioner and the
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
respondent wishes to preserve the marriage, unless there are important reasons why the divorce action must continue.
Divorce by mutual consent: Article 50.FC
Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for terminating the marriage. A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.
Agreement reached by the spouses in a divorce by mutual consent:
Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.
Both parties must sign an agreement, which may be drafted in couple of languages – it’s imperative, that one of them is Bulgarian. In case of a lawsuit, relevant for the court will only be the one drafted in Bulgarian. An agreement must be reached about all of the following:
The divorce will follow trough by mutual consent.
If there are children, born during the marriage – who will exercise effectively the parental rights, with whom will the children live respectively; what amount of child support is to be payed – child support may not be less then 125 BGN per month for every child.
When will the parent, who’s not effectively exercising the parental rights, be allowed visiting, personal contact, and personal time with the children.
Who will be using the family home, if there is one, and it is located in Bulgaria.
It should be noted, that according to the Bulgarian legislation, unlike other countries, the divorcing parties are entitled to alimony only in specific cases, where one of the parties is unable to work or maintain itself trough estate property, due to medical condition.
Article 51 (1) In a divorce by mutual consent the spouses have to include provisions in the agreement regarding the discharge of parental rights and obligations, their personal relations, and the maintenance of the children, and also their property relations, the use of the matrimonial home, the payment of maintenance and the use of the family name. The agreement is ratified by the court after it is satisfied that the interests of the children have been protected.
(2) Where the agreement is not complete or the interests of the children are not well protected the court sets a term within which these defects should be remedied. If the defects have not been remedied within this term, the divorce petition is dismissed.
Applications for child custody and child maintenance after the termination of a marriage by mutual consent
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