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Recognition of foreign judgments

One of the core consequences of globalisation has been the rapid increase in trans-national litigation

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 of recognition process

Recognition and enforcement of judgments rendered in non-EU countries should be subject to different procedures under the Code of international private law act.

According to part four of the CMR, the conditions introduced in Art. 117 The Code of international private law act for recognition and enforcement is as follows:

The decisions and acts of foreign courts and other bodies are recognized when:

– the foreign court or authority was competent under the provisions of Bulgarian law:
– the defendant was served with a copy of the application,
the parties were regularly summoned and the basic principles of Bulgarian law related to the defense were not violated ;
– if between the same parties, on the same grounds and for the same request, no decision of a Bulgarian court has entered into force;
– if there is no pending trial between the same parties, on the same grounds and for the same claim, before a Bulgarian court
– recognition or admission of performance is not contrary to the Bulgarian public order.

Legal frame of recognition of foreign judgments

The Recognition of foreign Judgments is made by the body before it.

In the event of a dispute over the conditions for recognition of the foreign judgment, a settlement action may be brought before the Sofia City Court.

A claim is made before the Sofia City Court to allow enforcement of a foreign judgment.

The application shall be accompanied by a copy of the decision certified by the court which issued it and a certificate by the same court that the decision has entered into force.

These documents needs to be certified by the Ministry of Foreign Affairs of the Republic of Bulgaria.

The court shall examine of its own motion the conditions under Art. 117.

The defendant in the procedure for recognition and enforcement of the foreign decision can not invoke violations under Art. 117, item 2, which he could have pointed out before the foreign court.

The court does not go into the examination of the substance of the dispute, resolved by the foreign court.

The debtor may object to the discharge of the obligation on the basis of circumstances that have arisen after the entry into force of the foreign decision.

The debtor may not object to the discharge of the obligation on the basis of the circumstances after the enforcement decision has entered into force.

Regarding the recognition of the consequences of foreign enforcement and security acts – the regulation is in Art. 124 International law act in Bulgaria-

The foreign state at the same time as the CPC does not contain provisions on recognition and Enforcement of Foreign Judgments other than EU Member States, the recognition procedure will be Part Four of the CMR, considering the legal conditions under Art. 117 KMCP.

The court procedure in Bulgaria

A decision certified by the Ministry of Foreign Affairs of the Republic of Bulgaria must be submitted to the court, that it is apparent that the same has entered into force.

After assessing the conditions under Art. 117 CMMR and to check whether it is contrary to the Bulgarian public order, the court decides whether it admits or not.

It is important to note that, according to the provision of Art. 121 para. 1 Code international private law act, the court in the exequatur procedure does not examine the merits of the dispute.

May 4, 2019/by lawyer

Legal advices, News

Litigation Dispute Resolution

Bulgarian Legislation has settled a several levels of court litigation and dispute resolution.

Bulgarian Legislation has established a comprehensive framework for court litigation and dispute resolution across various levels.

Litigation, the legal process of resolving disputes between opposing parties, seeks to enforce or defend legal rights.

While ideally resolved through mutual agreement, litigation can also proceed to a court trial overseen by a judge or jury.

It is crucial to view litigation as a last resort due to its potential for prolonged processes and uncertain outcomes.

Our primary objective is to minimize disruption for our clients, mitigate risks, and explore alternative dispute resolution methods whenever feasible.

With extensive experience spanning diverse industries, we cater to a broad clientele that includes

international and domestic insurance firms,
legal entities,
banks, financial institutions,
product manufacturers, airlines,
public companies, and
construction firms.

Our expertise ensures robust representation and strategic counsel tailored to the unique needs of each sector.

Comercial Litigation in Bulgaria

Commercial litigation is a complex area of law that involves disputes between businesses. These disputes can range from breach of contract and fraud to intellectual property and employment issues. When these disputes arise, it’s important to have a basic understanding of commercial litigation to protect your business interests.

The first step in commercial litigation is to understand the legal process.

The litigation process starts typically with the filing of a complaint, which outlines the plaintiff’s claims against the defendant.

The defendant then has the opportunity to respond to the complaint and may also file a counterclaim against the plaintiff.

From there, the parties engage in a process of discovery, where they exchange information and evidence relevant to the case.

This can include depositions, written interrogatories, and requests for documents.

Once discovery is complete, the case will move towards trial or settlement.

In a trial, the parties will present their arguments and evidence to a judge or jury, who will then make a decision based on the facts of the case.

Alternatively, the parties may choose to settle the case out of court, typically through mediation or arbitration.

One of the most important aspects of commercial litigation is choosing the right attorney.

You’ll want to find an attorney who has experience in commercial litigation and who understands the unique challenges of this area of law.

Your attorney should be able to advise you on the strengths and weaknesses of your case, as well as the potential costs and risks involved in going to trial.

Another important consideration is the cost of commercial litigation.

The process of litigation can be expensive, with legal fees, court costs, and other expenses quickly adding up.

It’s important to have a clear understanding of the potential costs involved in your case and to work with your attorney to develop a strategy that minimizes these costs while still protecting your business interests.

In conclusion, commercial litigation is a complex area of law that requires a thorough understanding of the legal process and the unique challenges of business disputes.

If you are facing a commercial dispute, it’s important to work with an experienced attorney who can help you navigate this process and protect your business interests.

With experts in court litigation and dispute resolution, including arbitration and mediation will supoort every single client

Our legal team is equipped to provide a full range of innovative and cost-effective options that meet the needs of each specific case.

Whatever the nature of the dispute, our lawyers take a proactive, responsive, diligent and commercial attitude, focusing on achieving the best possible outcome for our client.

Court litigation and dispute resolution.

We protect and further our clients’ interests vigorously, while remaining sensitive to their commercial relationships in Bulgaria

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 evidences

The defendant party in the litigation process in Bulgaria shall be officially notified by the court

Usually it denies the allegations, filed by the offender party and denies any liability for the claim.

The judge shall schedule open court hearings for the litigation in Bulgaria

The witnesses and experts appointed by the court may be questioned by the judge and the parties.

Need a legal help for Litigation and Dispute Resolution – call us !

facts on the case of the litigation in Bulgaria are clear, the parties present their final oral arguments, and the case is closed.

The limitation periods in Bulgaria are typically governed by the Bulgarian law. As an exception, the following claims are extinguished after a three-year limitation period.

Labour remuneration claims.
Claims for damages and liquidated damages resulting from non-performance of contracts.
Claims for rent, interest and other scheduled payments.

The limitation period runs from the day the claim becomes actionable.

If it is agreed that the claim becomes actionable following an invitation, the limitation period begins to run from the day the obligation arose.

For claims arising from tort, the limitation period begins to run on discovering the offender.

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 for court litigation and dispute resolution – the regional court

Within two weeks after the court desicion has been delivered the parties have an options to appeal it before the next instance.

Under certain conditions the panel of three judges may allow new written and oral evidence.

Whether you are hoping to recover losses or otherwise seek redress as an individual, or on behalf of a business, your legal team should guide you to consider all options

Our suggestions are based on a clear understanding of timescales and costs.

We can help you to get the best possible outcome, in or out of court.

Enlisting the help of resolution solicitors to assist with disputes is vital as all parties will receive expert advice on both how the dispute should progress and how to resolve the dispute in the most appropriate way.

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 decides which cases will be heard depending on their subject matter

The cassation decision of the litigation in Bulgaria is mandatory not only for the parties but also for the judges when deciding on similar cases.

Execution stage of court Litigation and Dispute Resolution

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 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.

January 7, 2019/by lawyer

Legal advices, News, Personal

Documents transfer of property

Our clients choose us because they know we understand their objectives and offer them legal support by getting the documents transfer of property.

We regularly handle transactions for the world’s leading investment banks, private equity funds, hedge funds, pension funds, REITs and sovereign wealth funds.

Increasingly they are cross border, highly structured and involve sophisticated financing arrangements.

These transactions are increasingly cross-border, highly structured, and involve sophisticated financing arrangements.

We support our clients in their most critical real estate projects on an international basis, ensuring compliance with local regulations and seamless execution.

List of Documents for Transfer of Property in Bulgaria:

1. Property Title Deed (Notary Deed): This essential document proves ownership and must be signed before a notary and registered in the Registry Agency.

2. Land Registry Extract: Provides detailed information about the property, including boundaries, area, and any encumbrances.

3. Municipal Tax Assessment Certificate: Confirms that all property taxes and fees are up to date according to local municipality records.

Other Specific Documents: Depending on the property type (e.g., agricultural land, historical buildings), additional documents may be required.

Navigating the property transfer process in Bulgaria requires meticulous attention to these documents to ensure compliance with local laws and regulations, facilitating a smooth and legally secure transaction.

1. Property title documents transfer of property

Most frequent documents of ownership:

• Title Deed, registered with the Registry Agency – title deed for purchase and sale, title deed for donation, title deed for exchange, notarized statement of ascertainment;

• Deed with registration records;

• Sales Agreement executed under the Ordinance on State-Owned Properties;

• Sales Agreement, executed under the Municipal Property Act and the State-Owned Public or Municipal Real Estate Act.

2. Property Tax Evaluation Certificate – issued by the local tax office at the property domicile.

The Property Tax Evaluation Certificate has to contain an address identical to the address of the property as per the title deed.

Property co-owners may not have any outstanding debts concerning the property, which shall be indicated in the Property Tax Evaluation Certificate.

3. Certificate of Marital Status of the seller(s), indicating the marital status of all owners as of the date of acquisition of the property.

4. Marriage Certificate of the seller, if applicable.

5. This property is not acquired as marital property, it shall not be considered matrimonial property community;

6. The property has any real rights registered, in order to execute the sale transaction, the user shall abandon all the real rights, established in their favour.

The waiver has to be signed in the presence of a Notary Public and shall be registered with the Notary Public’s file.

7. In case the property is subject to partition – the document in question (contract, ruling), registered with the Registry Agency.

8. Plan of the plot, in case of transfer of land (land plot, yard or part of yard, where the property/apartment is built).

9. In case the property has been received as inheritance

10. If the seller is divorced, the court ruling dissolving the marriage in divorce shall be presented.

11. Specific cases require different documents, which follow the property history and proves the title of ownership.

12. Certificate of Burdens for the property – to be issued by the Registry Agency

13. In case the seller is unable to perform the transaction personally, he needs to appoint another person with a Power of Attorney.

This Power of Attorney shall be notarized, and both the signatures affixed and the content of this Power of Attorney shall be certified.

14.A declaration under article 25, paragraph 7 of the Notaries and Notary Practices Acts and a declaration under article 264, paragraph 1 Tax Code

15. An identity document, which confirms the identity of both the buyer and the seller

16. In case the transaction refers to transferring developed buildings – the respective documents issued by the builder/investor

17. Other documents, according to the specifics of the transaction.

Due to the diversity of documents possible, we recommend that the documents under this transaction be checked by a lawyer.

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, News, Personal

Dispute Resolution Lawyers

The foreign companies and individuals are searching in Bulgaria in many cases for Dispute Resolution Lawyers.

Litigation lawyers guide their clients in resolving civil disagreements.

These disputes can involve a wide range of issues, from

unsettled invoices or
unmet contractual obligations to
disagreements between property owners and renters,
violation of property rights,
building-related allegations,
insurance companies’ responsibilities,
maritime disputes,
faulty goods,
tussles in the insurance contracts … the scope is limitless.

The most frequently encountered litigation involving individuals is extensively covered in our overview of personal injuries.

Assuming that disagreements are not resolved through negotiation, they will be finalised either by court litigation or an alternative means of dispute resolution.

Legal professionals in Bulgaria play a crucial role in advising both claimants and defendants, guiding them on the viability of their claims and whether to pursue settlement or litigation.

Their responsibilities extend to gathering evidence, securing witnesses, and formulating case strategies to support their clients.

In cases where negotiations fail, lawyers issue court proceedings or engage in alternative dispute resolution processes.

Our legal services in Dispute resolutions:

Work is driven by procedural rules and the timetable of the courts. Good litigators understand how best to manoeuvre within the system while also developing winning case strategies.
The phenomenal amount of paperwork generated means that young litigators spend much of their time sifting through documents, scheduling and copying them in order to provide the court and all other parties with an agreed bundle of evidence.
Litigators need to express themselves succinctly and precisely.
Unless the claim value is small, the solicitor’s job is more about case preparation than court performance. Solicitor advocates are gaining ground, and once properly qualified they can appear in the higher courts. Nonetheless, barristers still dominate court advocacy and the performance of some solicitor advocates has been criticised by the judiciary.
Despite a few firms starting up in-house advocacy units, the courts remain dominated by barristers, who are felt to have the edge when it comes to the skills and expertise needed to advocate.

The most usually used services are :

Evaluate Claims: Lawyers assess the validity of claims for claimants and advise defendants on whether to settle or contest allegations.
Evidence Gathering: Gather relevant evidence and secure witnesses to bolster the client’s position, strategically developing case plans.
Legal Proceedings: Initiate court proceedings or alternative dispute resolution if negotiations with the opposing party prove unproductive.
Representation: Represent clients in pre-trial hearings and case management conferences, providing legal guidance throughout the process.
Collaboration with Barristers: Attend conferences with barristers, briefing them for advocacy in hearings, trials, and arbitrations.
Court Attendance: Accompany clients to trials, arbitrations, and mediations, offering support to barristers during proceedings.

June 24, 2018/by lawyer

Legal advices

Divorce procedures Bulgaria

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 consent or 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 office provides 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 office@lawyer-bulgaria.bg

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

Legal grounds for divorce Bulgaria

#Legal Grounds for Divorce in Bulgaria: Expert Guide by Our Family Lawyer

Our family lawyer frequently addresses the reasons and legal grounds for divorce in Bulgaria.

Hiring a good lawyer is advisable to avoid any further problems.

There are no formal impediments preventing either party from filing a petition in court.

Key Legal Grounds for Divorce in Bulgaria

1. Irretrievable Breakdown of the Marriage (Article 49 FC)

Each spouse is entitled to petition for divorce in the case of a ‘serious and irretrievable breakdown’ of the marriage.

Key Points:

– Court Ruling on Fault:

The court makes a ruling on its own motion regarding the fault for the breakdown unless objective factors are involved, which cannot be ascribed to either spouse.
-Spousal Agreement:

If both spouses agree on child custody, property division, and maintenance, the court does not rule on fault.
-Misconduct and Preservation:

Divorce is not allowed if the breakdown is solely due to the petitioner’s misconduct and the respondent wishes to preserve the marriage, unless there are important reasons for the divorce to continue.

2. Divorce by Mutual Consent (Article 50 FC)

A divorce by mutual consent is allowed when there is a serious and firm agreement between the parties.

This type of divorce is quicker and cheaper, but can only be filed after three years of marriage.

Important Considerations:
– Agreement Details:

The agreement must cover child custody, child support (minimum of 125 BGN per month per child), visitation rights, and the use of the family home.

-Language Requirements:

The agreement must be drafted in Bulgarian or accompanied by a Bulgarian version.
-Court Ratification:

The court ratifies the agreement after ensuring that the children’s interests are protected.

If the agreement is incomplete or not in the children’s best interests, the court will require amendments or dismiss the petition.

Hire Our Family Lawyer?

– Expert Advice on Divorce, Child Maintenance, and Custody: Our lawyer provides expert guidance to ensure a smooth legal process.
– Streamlined Legal Process: We help navigate the complexities of divorce law in Bulgaria.
– Protection of Your Rights and Interests:** We ensure that your rights and interests are safeguarded throughout the process.

Do you need Help with your Divorce?

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.

Legal Grounds for Divorce in Bulgaria: A Comprehensive Guide

If you’re considering divorce in Bulgaria, it’s essential to understand the legal grounds and procedures involved. This article provides detailed information on the legal framework for divorce in Bulgaria, focusing on mutual consent and irretrievable breakdown of marriage.

Key Legal Grounds for Divorce in Bulgaria

1. Irretrievable Breakdown of the Marriage (Article 49 FC)

According to Article 49 of the Bulgarian Family Code (FC), either spouse can petition for divorce if there has been a “serious and irretrievable breakdown” of the marriage.

The court will determine fault unless the breakdown is due to objective factors beyond the spouses’ control. If both parties agree on child custody, property division, and maintenance, the court will not rule on fault.

2. Divorce by Mutual Consent (Article 50 FC)

Divorce by mutual consent is an option when both parties agree to the divorce without the need for the court to investigate their reasons. This type of divorce is typically faster and cheaper than filing a lawsuit. However, it can only be initiated after three years of marriage.

Essential Components of a Mutual Consent Divorce Agreement

For a divorce by mutual consent, both parties must sign an agreement.

This agreement may be drafted in multiple languages, but one version must be in Bulgarian. In legal proceedings, the Bulgarian version is the one recognized by the court.

The agreement must cover several critical areas:

– **Custody and Parental Rights**: Specify who will exercise parental rights and where the children will live.
– **Child Support**: Determine the amount of child support, with a minimum of 125 BGN per month per child.
– **Visitation Rights**: Outline the visitation schedule for the non-custodial parent.
– **Use of Family Home**: Decide who will reside in the family home, if located in Bulgaria.

Legal Considerations for Alimony in Bulgaria

Under Bulgarian law, alimony is only granted in specific cases. A party may be entitled to alimony if they are unable to work or support themselves through estate property due to a medical condition.

### Article 51: Provisions for Divorce by Mutual Consent

**(1) Agreement Provisions**

In a mutual consent divorce, the agreement must include provisions related to:
– Parental rights and obligations
– Personal relations
– Child maintenance
– Property relations
– Use of the matrimonial home
– Payment of maintenance
– Use of the family name

The court will ratify the agreement after ensuring the interests of the children are protected.

**(2) Incomplete Agreements**

If the agreement is incomplete or does not protect the children’s interests adequately, the court will set a term for remedying these defects. If the defects are not addressed within this term, the divorce petition will be dismissed.

Applications for Child Custody and Maintenance Post-Divorce

After a marriage is terminated by mutual consent, applications for child custody and maintenance must comply with the terms of the ratified agreement.

### Conclusion

Understanding the legal grounds for divorce in Bulgaria and ensuring a well-drafted agreement can help facilitate a smoother divorce process.

If you need assistance, consider consulting a professional family lawyer to navigate these complexities effectively for expert legal advice and assistance! 📞📧

**Bulgarian Family Lawyer: Your Trusted Partner in Family Law Matters.**

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

Posts

Recognition of foreign judgments

The decisions and acts of foreign courts and other bodies are recognized when:

The court does not go into the examination of the substance of the dispute, resolved by the foreign court.

The court procedure in Bulgaria

Litigation Dispute Resolution

Comercial Litigation in Bulgaria

Another important consideration is the cost of commercial litigation.

Court litigation and dispute resolution.

After the claim is filed together with all available written evidences

Need a legal help for Litigation and Dispute Resolution – call us !

The limitation period runs from the day the claim becomes actionable.

The second instance for court litigation and dispute resolution – the regional court

Execution stage of court Litigation and Dispute Resolution

Documents transfer of property

List of Documents for Transfer of Property in Bulgaria:

1. Property title documents transfer of property

4. Marriage Certificate of the seller, if applicable.

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.

Dispute Resolution Lawyers

Our legal services in Dispute resolutions:

The most usually used services are :

Divorce procedures Bulgaria

What’s the Process?

The legal procedure of divorce by claim order

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

Legal grounds for divorce Bulgaria

Key Legal Grounds for Divorce in Bulgaria

2. Divorce by Mutual Consent (Article 50 FC)

Hire Our Family Lawyer?

Do you need Help with your Divorce?

Agreement reached by the spouses in a divorce by mutual consent:

2. Divorce by Mutual Consent (Article 50 FC)

Legal Considerations for Alimony in Bulgaria

Applications for Child Custody and Maintenance Post-Divorce

Purchase property in Bulgaria

Property legal check-up

Preliminary Contract

Signing the Notary Act

Find independent legal advice for purchase property in Bulgaria

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

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