Posts

Divorce procedures Bulgaria

For many Bulgarian citizens, 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. 

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.

Divorce procedures Bulgaria, Divorce in Bulgaria by claim, family lawyer Bulgaria, divorce case law, Bulgaria family divorce lawyer, Divorce Bulgarian woman

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.,

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 .

These facts are appreciated by the court always in relation to the particular individual case, according to the law and according to the above-mentioned IFRS 10 / 1971d.

The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder (such as paragraphs 2, 3, 4 and 7 of PWS 10/1971) – 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 SC – 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:

Divorce procedures Bulgaria, Divorce in Bulgaria by claim, family lawyer Bulgaria, divorce case law, Bulgaria family divorce lawyer, Divorce Bulgarian woman

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

The joint-stock company (JSC) is a type of a company whose capital is divided into shares. A JSC may be formed by one or more Bulgarian and/or foreign physical or legal persons. The total amount of shares in a JSC forms its capital. The shareholders are responsible for the obligations of the JSC to the sum of the contributions made without being liable with their own personal properties.The trade name of a joint-stock company includes the words “Joint-Stock Company” or the abbreviation “JSC” (in Bulgarian – ”AD”/Cyrillic – ”АД”). The Statute of a JSC shall contain the requisites specified in the provisions of Article 165 of the Commercial Law.

Documents for Selling Real Estate

Documents for Selling Real Estate

The minimum amount of capital required for establishment of a JSC is 50 000 BGN (about 25 8000 EUR). However, the minimum required for banking or insurance activity, voluntary health insurance or other special activity is determined by other law.

The Bulgarian law allows two alternatives for management and representation of a joint-stock company – shareholders can choose between a one-tier and a two-tier management system. Foreigners can be appointed as managers of the company without any restrictions. The corporate governance structure of a joint-stock company consists of: a General Assembly of shareholders and a Board of Directors (in the case of a one-tier management system), or a Supervisory Board and a Management Board (in the case of a two-tier management system).

Entry of the JSC is stated by the members of the Board of Directors (in the case of a one- tier management system) or by the Management Board (in the case of a two-tier management system), or is empowered by the Statute or an authorized member of the management bodies of the JSC, as well as by a lawyer with an explicit written power of attorney. For commercial companies, the time required for entry or deletion in the Commercial Register is the end of the first working day following filing the required documents. On requests for registration of new circumstances, the registrars are obliged to act immediately.  

Rights and obligations of the stockholders

The rights and obligations of the stockholders derive from the respective stock. According to Article 181 (3), sentence 2, all stockholders of the same stock class must be treated equally. On the contrary, the stockholders of different classes may be entitled to different rights. The single stock and the rights that derive from it – hereof, rights and obligations are transferred simultaneously. Exceptionally, it is possible to transfer specific rights under legally defined conditions. According to Article 185 (3) of the Commercial Act, voting rights may be transferred for a certain time period, if the stock has been transferred, as well. The rights of the stockholders may not be infringed, unless the respective stockholders had givrn their consent when subscribing the shares. The right of dividend is an irresolvable right of the stockholders. Also, a division into material and immaterial rights and obligations is possible. Moreover, the stockholders enjoy different individual and collective rights.

How to set up a Joint-Stock Company in Bulgaria

Joint-stock company 

Legal framework – The Commerce Act; the Commercial Register Act and the competent authority is the Bulgarian Commercial Register with the Registry Agency.

The nessesery legal steps of the entire procedure of registration of Joint Stock company (plc – public company) is following : 

1)       Checking up with the electronic register of the Commercial Register and/or reservation of a business name.

2)       Holding of an Incorporation Meeting, subscription of shares by the founders, adoption of Articles of Association or an Act of Incorporation, election of a Supervisory and Managing Boards, respectively of a Board of Directors.

3)       Depositing the company capital into a special capital raising account (the minimum capital amount is 50 000 BGN- 27 000 EUR).

4)       In case of any specific business, an authorisation or license by the competent authority shall be provided when filing the documents with the Commercial Register.

The documents, which are required and we prepare in full as a set registration are following :  

– Preparation & drafting of application for registration.

– Preparation & drafting of articles of Association or Act of Incorporation.Hereditary Cases Lawyer

– Preparation & drafting of  Minutes of the shareholders’ Meeting of Incorporation.

– Preparation & drafting of  attendance list of the incorporation meeting.

– Preparation & drafting of list of the subscribers of shares at the incorporation meeting.

– Preparation & drafting of declaration pursuant to Article 160, paragraph 2 of the Commerce Act.

– Preparation & drafting of specimen (signature) of an every executive director.

– Preparation & drafting of declaration under Article 234, paragraph  2 and paragraph 3 of the Commerce Act. – Declaration under Article 237 of the Commerce Act.

– Preparation & drafting of  Minutes from the meeting of the Board of Directors.

– Preparation of application for applying of certificate of the deposited capital issued by a bank.

– Preparation & drafting of resolution of the managing body representing a shareholder who is a legal entity.

– Preparation & drafting of  Certificate of good Statement of the relevant business register regarding a shareholder who is a foreign legal entity.

– Preparation & drafting of legal document evidencing payment of the state fee for incorporation of a company.

– Preparation & drafting of declaration under Article 13, paragraph 4 of the Commercial Register Act signed by the applying managing director.

– Preparation & drafting of  nessesery license or permit according to any special law on the performance of a specific business.

 

Terms & conditions for set up of public company in Bulgaria

For an application for registration or deregistration – no later than the end of the first business day after its acceptance.

For an application for notification, it is immediately.

List of Documents Required for Selling Real Estate – Part 1

Selling Real Estate

Selling Real Estate

There’s something important to clarify about selling real estate. If you do not have time or information necessary for flawless preparation of all required documents, do ask for help. Our real estate lawyers are professionals and will be pleased to assist you. The team of Internationla Law Office D. Vladimirov and Partners consists of responsible specialists. They are excellent real estate lawyers having years of experience. We offer you our exceptional knowledge in preparation of documents for selling real estate.

 

For your convenience, our team of experts will prepare a complete and exhaustive list of documents. All of them are done in the proper way. If you have further questions or need more information, do not hesitate to contact a real estate lawyer on the phone or in written on our website.

List of Required Documents

The list of documents required for selling real estate consists of 16 points. This article will look through the first three of them. You can have them by asking a real estate lawyer.

  1. A document certifying your ownership of the property – by this document you identify yourself as the owner and seller of a particular property.

The most common types of ownership documents are as following:

  • Title Deed – it has to be registered in the Registry Agency at the location of the property. The types of title deeds are as follows:
  • deed of sale;
  • deed of donation;
  • deed of replacement;
  • notarial deed of findings;
  • deed of transfer of immovable property against liability for maintenance and care;
  • title deed of immovable property acquired by inheritance;
  • title deed of immovable property acquired by bequest;
  • deed of succession by a court decision declaring the preliminary contract as a  final, according to Article 19 of CPA.
  • Records for registration of the deed; attached note for its entry.
  • Contract of sale concluded under the State Property Regulations.
  • Contract of sale signed according to the Municipal Property Act and the Law on State Property of state or municipal property. If the contract is concluded after 01.06.1996, it should be entered in the Registry Office at the Registry Agency.

If you have lost or cannot find where you have placed the deed, do not panic! A duplicate of this document may be issued, as well as an identity document in the Registry Office at the Registry Agency at the location of the property. Please be advised that you will be charged for it.

The other two documents required are as following:

  1. Property Tax Assessment Certificate – this type of certificate is issued by the Tax Office in the municipality where the property is situated in. In the tax assessment, the address of the property has to match the one pointed in the title deed. If they don’t, there must be presented a certificate of identity of both addresses.

All the names of the property’s owners are written down in the tax assessment. All obligations on the property must be paid by all owners. Information on obligations of the property are stated in the tax assessment. If there are obligations of the property written down in the tax assessment certificate, these obligations must be paid before the entry of the transaction in the Registry Agency. For this purpose, the acquittance signed by the bank which the amount is paid in, ought to correspond to the amount recorded as a liability in the certificate of tax assessment. For further questions, consult with your real estate lawyer.

  1. Marital Status Certificate of the seller (property owner). This document shows what has been the owner’s marital status up to the date of the property acquisition. Marital Status Certificate is issued by the local USCRASP office, in the area of the person’s address registration. An application for a certificate may be submitted by the person or his/her legal representative, as well as by an authorised person bearer of power of attorney. That can be done also by a person whose legitimate interest is subject to a certificate. Same applies to a person who derives rights from issuing a certificate of marital status, according to the prerequisites of Art. 186 CPC, Art. 133 of Criminal Procedure Code and Art. 42 of APC; and expressly authorised person according to Art. 5, paragraph 2 of the Decree № RD-02-20-6 from 24.04.2012.

Contact us

More information and tips about where the documents necessary are to be issued, you can see in the next article. We are available for questions and consultation on the phone or via email that you will find in the contact form on our website.

 

Bulgarian Property Lawyer

Sell your property in Bulgaria

Selling your property in Bulgaria is not very easy, even if you have already find a buyer. That’s why you are in need of assistance. Look for a Bulgarian property lawyer!

If you have already bought a property in Bulgaria, you need to check up if this property had been registered in all the necessary authorities. And in the Municipality Office, too. Our law firm works as a professional Bulgarian property lawyer, as well. We support many foreigners who want to sell your real estate property in Bulgaria. Usually, if you have a good property, is quite easy to find buyers in Bulgaria. As property lawyers in Bulgaria, we could help you finding a buyer and getting a good price for you. It is very important to follow the legal advices of a property lawyer so that you will save money and precious time. Our experienced Bulgarian property lawyers will help you with the documents for the selling.

 

First Steps

Bulgarian property lawyer

Bulgarian property lawyer

Before you sell your property in Bulgaria, you should have all the documents necessary,as well as declarations needed for a sale – prepared in advance. We assume you will need  qualified property lawyers. This means, you need us.

Our property lawyers in Bulgaria are ready to assist you and protect your interests in selling your property in Bulgaria. You need just to call us or to send us an email. Then we will be ready to start the legal procedure.

Before starting every single deal, your lawyer is obliged to check for potential legal problems. He/she has to prepare all the documents necessary for the transfer of the ownership over this property. And so we do! We always check if there isn’t any property charges over your property you are trying to sell. For example, encumbrances, mortgages or pledges over your property by the Tax Office or by a third party.

Usually, when our buyer signs the preliminary contract, he/she needs to leave a deposit as a percentage of the sale price of the property in Bulgaria. When we help you finding a buyer, we require a simple power of attorney to represent you by conclusion of the preliminary contract for the purchase of the property with the buyers in Bulgaria.

Our qualified property lawyers will prepare the draft of Preliminary contract and will negotiate with the buyer concerning the transfer fees of your property. After receiving the written confirmation for all necessary legal conditions, we sign the preliminary contract for purchase on your behalf. Then we send you a copy of it. We are obliged to find buyer/-s and sell your property correctly.

When all the Documents are ready…

When all of the documents and declarations are done, our lawyers start preparing the Notary Deed for transferring the ownership over your property. You can trust us – we are specialized in property sales of foreign clients in Bulgaria. Each Bulgarian property lawyer will help you with the documentation and legal proceedings. Especially – International Law Office D. Vladimirov & Partners.

The next legal step to sell your property is to sign the Title Deed for the sale of your property. We will help you by representing you at the Notary Public in Bulgaria.

The last step to complete your sale is visiting the Tax Office of your municipality and remove your name of the property from the Tax Register, to avoid any future legal problems with it. We, as property lawyers in Bulgaria will highly recommend you using our legal services to complete all this legal issues & steps.

The mentioned property legal proceedings are just for your information, if you are trying to sell a real estate property in Bulgaria  Every single case has got its legal specifics & questions. We strongly recommend you to use a property lawyer in Bulgaria for legal transactions, in order to save your time, money and worries. Call us now on + 359 2 858-10-25.

 

ТО BUY A PROPERTY IN BULGARIA 

Property lawyer

Property lawyer

Bulgaria is a member of the European Union since 2007. For аlmost 10 years the property market has changed in a very perspective and positive way. Bulgaria has got some advantages in the opportunity to serve foreign investors. Some of the advantages are as following:

  • Bulgaria has got the lowest taxes in Europe – 10% corporate tax and income tax.
  • Our country has got the cheapest labour.
  • The country has got a very fast rate of export increasing, despite the conditions of a global economic crisis in Russia and Turkey;
  • Bulgaria has got a fixed rate of the national currency.
  • The country has got a stable currency board.
  • There is an equality for every foreign investors to register a company in Bulgaria.
  • After joining in the EU, Bulgaria has got a modern legislation harmonized with the one of European Union.

We are property lawyers in Bulgaria acting like legal advisers of many individuals and legal entities. We would like to advise our clients and foreign investors as well.

Taxes

What about the taxes? The “tax estimation price” is for the purposes of real estate taxation. It usually is lower than the actual selling (purchase) price.

Most of the sellers of real estates in Bulgaria wish to sell their property on a “tax estimation price”. Everybody knows that the price is very low and the buyers has got no guarantee they will get the whole sum in the end, either. The difference is concerning the tax issue on the sale – because the sale price needs to be covered by the taxes, and the seller don’t want to pay those taxes. Sometimes sellers prefer to keep the real price, if the property is owned by several owners. Practically, the last ones are not aware of that kind of legal issues.

If you have any legal questions if you would like to buy a property in Bulgaria, or would like to know something else, do contact us. Our laywers will help you in the best way.