Stages of court litigation in Bulgaria
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 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
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 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.
Criminal Lawyers & Defence Solicitors
Criminal litigation refers to the process of trying a criminal defendant in a court of law. Criminal litigators come in two varieties: criminal prosecutors, who present the government’s case against the defendant, and criminal defense attorneys, who represent the interests of the defendant.
Criminal prosecutors practice at either the state level or the federal level, while criminal defense attorneys generally maintain private practices or work as public defenders for the state or federal government.
Whether prosecutors or defense attorneys, criminal lawyers handle a wide variety of cases, from white-collar crime, violent crimes, sex crimes and drug trafficking, traffic offenses and misdemeanors. Some concentrate on white-collar crime such as fraud, embezzlement and insider trading. Others concentrate on criminal appeals or on capital defense, in which defendants are prosecuted for crimes punishable by the death penalty.
Providing legal assistance and protection against detention and arrest; Contesting detention;
Litigation, protection and assistance in the enforcement of detention measures “Detention on remand”, “Home arrest” and “Money guarantee”;
Providing legal assistance in criminal litigation process for protection and procedural representation of defendants at the stage of pre-trial proceedings;
Procedural representation in proceedings for early release, replacement of the regime for serving the sentence, interruption of the execution of the punishment;
Litigation, protection and assistance in proceedings under a European Arrest Warrant;
Procedural representation in the transfer of convicted persons, recognition of a foreign court verdict, international legal assistance in criminal cases;
Criminal litigation in court proceedings before the first, enforceable and cassation instance;
Criminal litigation in case resolution by concluding an agreement with the prosecutor’s office;
Criminal litigation in the discharge of criminal liability by imposing an administrative penalty;
Providing legal assistance, protection and assistance to victims of crime;
Providing legal assistance, protection and assistance to victims of traffic accidents, accidents at work and benefits;
Providing legal assistance, protection and assistance to an injured person in private-criminal cases – insult; defamation; slight bodily injury;
Providing legal assistance, protection and assistance in the face of police violence;
Our main activity as a criminal defence solicitors & criminal lawyers are following:
Participation in the conduct of investigative and judicial proceedings;
Assistance and assistance in the return of material evidence which has been seized during the investigation and return of the guarantees provided.
Getting enforcement order Bulgaria
Procedure for issuing an order for payment
The order for payment procedure is a court procedure that is used to simplify the enforcement of monetary claims and the restitution of movable property. Its object is obtaining of a writ of execution without a legal trial. More about the order for payment in Bulgaria can be read here.
The fees for initiating the procedure for issuance of an order for payment amount to 2 % (two percent) of the value of the claim. In addition, the claimant could incur some expenses for attorney’s fees, which depend on the value of the claim.
If the debtor raises objections against the issued order for payment and a trial begins, then, when calculating the costs for the trial, only the state fees paid in the order for payment procedure shall be taken into consideration, whereas the attorney fees shall not be accounted for.
If the debtor fails to raise objections, a writ of execution shall be issued in favor of the claimant and on its grounds an enforcement procedure begins, the additional costs of 2 %
Under the current Civic code, and in particular the provisions of Art. 410 and Art. 417, anyone can ask the district court to issue an enforcement order.
The order of execution is a valid ground for issuing a writ of execution. In this sense, the enforcement order replaces the judgment as such. The purpose of this commandment is a quick, surprising and more economical process. An order for enforcement may require any creditor who has a debited claim in the form of “sums of money or substitute goods when the claim is brought before the district court” (Article 410 (1) (1) of the CCP).
This in practice means that the claim can be based on almost any basis – a contract of employment, a rent contract, a loan contract, and any kind of bonding relationship in general.
The proceedings shall begin with an application by the applicant (the creditor) to the district court under the common local jurisdiction – at the permanent address of the debtor. The District Court examines the application by verifying its regularity and the admissibility of the proceedings.
The applicant must also reflect the basis on which he refers for his affection.
This practice may be a contract or other documents showing that the claimant has one claim from a creditor. If all this is fulfilled, the court shall issue the order within three days, and then send it to the parties. In turn, the debtor may object to the warrant issued within 14 days, which in any way has no evidential value for the existence of the claim up to that point. If, however, it is not challenged by the debtor within this time limit, it becomes the enforceable ground on which to issue a writ of execution in order to initiate enforcement proceedings against the debtor.
Of course, he may also voluntarily pay his debt if he acknowledges it within the same 14-day period following the receipt of the order. If, however, he objects to the general claiming process, the claimant in the order for the proceedings has a one-month term from contesting the claim in which he can file a claim with the same court.
Register tour operator
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.
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.
REGISTRATION OF A BRANCH
The dynamics of modern business relations can make you aware of the necessity of doing business in different settlements. 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. Commercial sites are fully subordinate and dependent on the trader;
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. (Branches of legal persons who are not traders within the meaning of this law, and the branches of foreign persons also compose a balance sheet).
Registration of a branch
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.
The manager of the branch is chosen by the authority competent to decide on the establishment of a branch. The decision of election also determines the volume of its representative power. The relationship with the manager of a branch should be settled by a management contract specifying the rights and obligations of the manager. Upon the registration of the branch, the manager must present a notarized consent to be a manager and a specimen of his signature.
Upon registration of a branch of a foreign trader in the TP, the following are attached:
1. the document establishing the existence of the foreign person (if he is a legal person), his right to trade under his national law, the name of the persons representing the foreign trader according to the register in which he is registered (if any); the way of representation;
2. the decision of the foreign trader (firm) to open a branch;
3. if the subject of activity of the foreign trader’s branch is subject to an authorization regime, the relevant license or permit shall apply;
4. the memorandum, the contract or the statutes of the foreign trader containing all amendments at the moment of filing the application for registration of the foreign merchant branch as well as a copy of the instrument of incorporation, the contract or the statutes of the foreign trader in which the personal data , other than those required by law, are deleted;
5. the authority with a notarized signature of the person who manages the branch of the foreign trader (firm);
6. the notarized consent and the specimen of the signature of the person managing the branch of the foreign trader;
7. the document (diploma, certificate of the BNB, etc.) for the professional qualification or the capacity of the manager / managers according to the requirements of a law;
8.other documents as required by law.
All documents for the registration of a branch of a Bulgarian or a foreign company are filed in the Commercial Register in Bulgarian. Documents may also be presented in any of the official languages of the European Union. In this case, the documents shall be submitted together with a translation into Bulgarian. The translation of official documents is done by an interpreter to a company that has signed a contract with the Ministry of Foreign Affairs, on the grounds of Art. 2a, para. 2 of the Regulations on Legalizations,
Certification and Translation of Documents and Other Papers. The fact that the translator was registered with a company that had signed a contract with the Ministry of Foreign Affairs, shall be certified by the Ministry of Foreign Affairs with the signature of the translator or an explicit certificate together with a statement by the translator that he has not been removed from the list at the Ministry of Foreign Affairs.
In the event of a discrepancy between the text of the document and the translation into Bulgarian, the translation is in Bulgarian.
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.
Applying transport licence Bulgaria
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).
Any transport company applying for a freight license must meet certain specific requirements, namely:
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.
Judicial division of property
Judicial split – When co-owners fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court. 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. 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 THE JUDICIAL DIVISION ARE FOLLOWING:
– First phase of the judicial split 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
Upon completion of the partition procedure, it is possible to reach a public sale when the object of the division is an inseparable property that is not assigned to any of the partitioners (Article 354 (1) of the CCP) or when, after being placed in a share the co-ordinator has not paid to the remaining amount determined by the court for equalization of the units within six months from the entry into force of the award decision (Art.349, para 6 of the Civil Procedure Code).
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.
If the divided property is non-dividable and it can not be put into one of the shares then according to the art. 348 of the Civil and Procedural Code such property should be sold on a public sale which the parties can attend and where they can bid.
If the indivisible property represents a dwelling unit then according to the art. 349 para. 2 of the Civil and Procedural Code each of the co-partitioners who, upon the opening of the succession resided therein and does not own another dwelling unit, may move that the said dwelling unit be allocated to the share thereof, with the shares of the rest of the co-partitioners being equalized by another immovable or by money. Where several co-partitioners satisfying the conditions of sentence one lay claims to allocation of the immovable to the share thereof, preference shall be given to the co-partitioner who offers a higher price.
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.