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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.

Litigation and Dispute Resolution

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

Litigation refers to proceedings instigated between two opposing parties in order to enforce or defend a legal right. This process is usually settled by agreement between two parties, but may also be heard and decided by a jury or judge in court.

Therefore, litigation should always be treated as a last resort and even then, it is not always the best course of action to take.

Our aim is to minimise disruption for our clients, manage risk and avoid litigation where possible.Litigation and Dispute Resolution

Our experience and expertise crosses a wide range of industry sectors and includes acting for international and domestic insurance companies.

Some of the clients are legal entitties, banks, financial institutions, product manufacturers, airlines, public companies, local authorities, municipalities, high net worth individuals.

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.

Litigation process in Bulgaria

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.court litigation and dispute resolution.

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.

Getting enforcement letter Bulgaria

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

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

**Procedure for Issuing an Order for Payment**

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

Our legal fees and Expenses:Getting enforcement letter Bulgaria

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

**What Happens if the Debtor Objects?**

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

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

**Getting Enforcement Letter in Bulgaria**

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

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

Quick and Economical Process:

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

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

The entire process in Bulgaria: 

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

**Claimant’s Response to Objections:**

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

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

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

🤝 #EnforcementProceedings #BulgarianLegalSystem #OrderForPaymentProcedure

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.,

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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