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Grant a power of attorney

Grant a power of attorney

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

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

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

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

Types of Powers of AttorneyGrant a power of attorney

There are several types of powers of attorney, including:

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

Legal Implications

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

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

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

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

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

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

How to Grant a Power of Attorney

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

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

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

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

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

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

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

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

The power of attorney needs to be explicit.

Power of attorney for property must be described in detail as location, quadrature, the basement or ceiling, the common parts of the building, the right of construction or the yard.

You must indicate whether the authorized person has the right to negotiate the terms of the notarial deed, whether he has the right to receive the sale price, and so on.

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

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

A power of attorney is a document to be signed only by the party issuing it, that is, the authorized person does not undertake to perform the assignment.

To make arrangements for this, you need an additional contract signed by both parties.

A power of attorney is required when the owner of a real estate wants to dispose of the following actions:

We talsk about action like to sell, donate, replace, transfer over viewing and maintenance, establish a right in rem, etc.

According to the legal requirements in a power of attorney of this type, it is necessary to have a description of the specific properties to which it refers.

For this reason, carry and submit a document of ownership to the notary in order to make the document true.POWER OF ATTORNEY

It is still debatable whether the sale price should be explicitly stated.

The power of attorney for disposal of a real estate may be temporary or indefinite, but together with it 2 signatures are signed. declarations –

The first is under Art. 264, para. 1 of the Tax law- with which the person declares that there are no outstanding obligations for taxes, duties and obligatory insurance contributions, which have not been extinguished;

The second declaration – the one under Art. 25 Notary act is for citizenship and civil status.

The first statement is valid for 6 months, so even if the power of attorney is indefinite.

All declarations should  be signed and authenticated again before a Notary.

Validity of the power of attorney

The validity of the power of attorney is determined by the authorizing person, but it also depends on various factors, especially those in practice.

There are several ways to determine the validity of the power of attorney.

In order to determine its validity, the power of attorney may contain any of the texts listed below.

1. The power of attorney shall record the period of its validity by the authorizing officer.

2. The power of attorney is valid until the designated action for which it has been issued.

3. Power of attorney applies until it is withdrawn by the Authorizing Officer (but not more than 10 years from the date of issue).

4. Power of attorney is indefinite. (but no more than 10 years from the date of issue).

Termination of the power of attorney

The power of attorney shall terminate upon one of the following:Grant a power of attorney

1. The authorizing officer shall withdraw the power of attorney.

2. The authorized person shall refuse to execute it.

3. The term specified in the power of attorney has expired as a term of validity.

4. With the death of one of the parties under the power of attorney.

5. With the seizure of the document by a body of authority or its detention as a written proof by a notary and others.

Important facts about the power of attorney

1. The power of attorney shall be valid only in the original.

If the original of the power of attorney is not presented, it may be assumed that it was withdrawn by the authorizing officer.

2. The notarial power of attorney is the most commonly falsified / falsified document.

We remind you that this act is being prosecuted and punished by the law enforcement and judicial authorities.

Withdrawal of power of attorney

To withdraw a notarized power of attorney, please contact the notary who certified it.

The withdrawal of the power of attorney shall be by several means, depending on the reason for the withdrawal.

What are the relationships between the parties; is there a danger of abuse? what volume of rights contains the power of attorney; and others.

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Recognition of foreign judgments

Recognition of foreign judgments

One of the core consequences of globalisation has been the rapid increase in trans-national litigation and the associated need to enforce judgments across national borders. Recognition and enforcement of foreign countries’ court decisions in another country has always been a delicate and difficult issue.

It is known that the system does not have a universal rule and each country adopts its own valued judgment with regard to foreign decisions.

There is also a clear and relatively easy procedure for the enforcement of judgments and other acts passed in other EU Member States.

The Civil process Code does not contain provisions on recognition and enforcement of decisions and acts of countries other than EU Member States.

The Regulation Recognition and Enforcement of Foreign Judgments

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

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

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

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

Legal frame of recognition of foreign judgments

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

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

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

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

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

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

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

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

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

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

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

If there is a claim before a Bulgarian court for the recognition of a judgment given in a non-EU country and there are no other international instruments in the field of family law that have been signed and ratified by both countries.

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

The court procedure in Bulgaria

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

Recognition foreign decisions, Bulgarian lawyers recognition of court decision, Court decisions in Bulgaria, Bulgaria recognition court decision lawyerAfter assessing the conditions under Art. 117 CMMR and to check whether it is contrary to the Bulgarian public order, the court decides whether it admits or not.

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

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Divorce procedures Bulgaria

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.

Divorce procedures Bulgaria

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 procedures Bulgaria

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:family & divorce lawyers in Bulgaria

  • 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.Divorce procedures Bulgaria

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

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

We will respond as soon as possible, but no later than one business day. International Law Office D. Vladimirov & Partners will provide you with protection of your interests and adequate legal assistance.

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International Law Office D.Vladimirov & Partners | Lawyers | Address: 6 Alexander Zhendov Street, 1113 Sofia, Bulgaria
Mobile Phone: +359 897 90 43 91 | Fax: +359 2 858 10 25 | Email: info@lawyer-bulgaria.bg

The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.

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