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Recognition of foreign judgments

Most of the clients asking for legal support in Recognition and Enforcement of Foreign Judgments

In today’s globalized legal landscape, cross-border litigation has become increasingly common.

A pivotal aspect of such cases is the recognition and enforcement of foreign judgments.

In Bulgaria, this process is governed by a combination of domestic legislation and international treaties, ensuring that foreign judgments are acknowledged and enforced under specific conditions.

The legal Framework

1. EU Judgments

For judgments originating from EU Member States, Bulgaria adheres to Regulation (EU) No 1215/2012, commonly known as the Brussels Ibis Regulation.

This regulation facilitates the automatic recognition and enforcement of civil and commercial judgments across EU countries, eliminating the need for a separate exequatur procedure.

2. Non-EU Judgments

Judgments from non-EU countries are subject to the provisions of the Bulgarian Code of Private International Law (CPIL).

Specifically, Articles 117 to 124 outline the criteria and procedures for recognizing and enforcing such judgments.

Conditions for Recognition and Enforcement

According to Article 117 of the CPIL, a foreign judgment can be recognized and enforced in Bulgaria if the following conditions are met:

Jurisdiction: The foreign court must have had jurisdiction under Bulgarian law.
Proper Service: The defendant must have been duly served with the claim and had an opportunity to present their case.
Finality: The judgment must be final and binding in the country of origin.
No Conflicting Bulgarian Judgment: There should be no existing Bulgarian judgment between the same parties on the same matter.
No Pending Bulgarian Proceedings: No ongoing proceedings in Bulgaria should involve the same parties and subject matter.
Public Policy: The judgment must not contravene Bulgarian public policy.

The legal steps

1. Application Submission

An interested party must submit an application to the Sofia City Court for recognition and enforcement. The application should include:

A certified copy of the foreign judgment.
A certificate confirming the judgment’s finality, issued by the originating court.
Evidence of proper service to the defendant.
A translation of the documents into Bulgarian, certified by a sworn translator.

2. Court Examination

The Sofia City Court will examine the application to ensure compliance with the conditions outlined in Article 117 of the CPIL.

The court does not reassess the merits of the case but focuses on procedural and jurisdictional aspects.

3. Issuance of Enforcement Order

If the court recognizes the foreign judgment, it will issue an enforcement order.

This order allows the creditor to initiate enforcement proceedings through a bailiff in Bulgaria.

Appeals and Objections

The debtor has the right to appeal the court’s decision within two weeks of notification.

However, objections are limited to procedural grounds and cannot challenge the substance of the original judgment.

Special Considerations

1. Reciprocity Principle

Bulgaria may require evidence of reciprocity, meaning the foreign country would recognize Bulgarian judgments under similar circumstances.

2. International Treaties

Bulgaria is a party to several international treaties that may influence the recognition and enforcement process, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Recognizing and enforcing foreign judgments in Bulgaria involves a structured legal process aimed at balancing international cooperation with national legal principles.

By adhering to the outlined procedures and ensuring all conditions are met, foreign judgments can be effectively enforced within the Bulgarian legal system.

For further information or assistance, consulting with a legal professional experienced in international private law is advisable.

May 4, 2019/by lawyer

Legal advices, News, Uncategorized

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:

– 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

July 16, 2018/by lawyer

Legal advices, News, Personal

Documents transfer of property

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

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

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

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

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

List of Documents for Transfer of Property in Bulgaria:

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

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

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

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

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

1. Property title documents transfer of property

Most frequent documents of ownership:

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

• Deed with registration records;

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

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

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

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

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

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

4. Marriage Certificate of the seller, if applicable.

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

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

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

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

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

9. In case the property has been received as inheritance

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

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

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

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

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

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

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

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

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

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

June 24, 2018/by lawyer

Legal advices, News, Personal

Registration of a branch

The dynamics of modern business relations can easy switch to another country of doing business in different settlements by registration of a branch.

If you have such a need, you are generally faced with three options for doing business:

A) register individual “subsidiaries” of trading companies and through them to carry out your business.

With this option new companies are emerging and they have separate business enterprises.

The common between them is in the owner who owns them, but in the case of third parties they are completely independent subjects;

B) to disclose retail outlets (warehouses, shops, etc.) in the different settlements, without creating new companies and operating in them.

In this situation, no new legal entity emerges – a company, the trader himself engages in legal relationships with third parties.

B) register a branch through which to separate the performance of part of your activity in a settlement other than that in which your company has its registered office.

The branch is a legal-organizational form for carrying out a business activity in which a trader (firm), through a relative separation of part of its activity, carries it out in a settlement other than that in which its seat is located.

In the internal relations, the branch is dependent on the trader and this dependence is manifested in different directions, for example in:

A) the lack of an independent firm, and the branch company includes the trader’s firm and the branch add-on;

(B) the branch is part of the trader’s business (and, if transferred, the branch is transferred).

In disputes arising out of a direct relationship with a branch, claims are brought against the firm (as may be done at the headquarters of the branch);

B) the termination of the trader also leads to the termination of the branch (the same applies when the bankruptcy is declared);

D) the branch does not compile a stand-alone balance – the branch leads commercial books as a sole trader without compiling a separate balance sheet.

Registration of a branch

Branch registration is the result of the following procedure, which includes:

1. decision on the establishment of a branch;

2. election of a branch manager;

3. Entry in the Commercial Register (TP).

The decision to register a branch is taken by the competent corporate body under the rules of the relevant commercial company:

The decision should contain a clear intention to establish a branch and its headquarters, address of management, subject of activity, manner of management.

Setting up a Bulgarian branch by a foreign company is one of the legal forms for establishment of a business presence in Bulgaria.

Usually the branch office is considered to be an alternative to being a (sole) shareholder of a Bulgarian company.

The Bulgarian branch office is not a separate legal entity but a part of the foreign company.Registration of a branch

As a result, share capital of the branch is not required and the foreign company is liable for the liabilities incurred by the branch.

Legal Representative of the Bulgarian Branch

Though the Bulgarian branch office is not a separate legal entity and appointment of a director is not required, the authorization of a legal representative of the branch is mandatory.

The representative powers of the legal representative are determined by a power of attorney granted to him by the foreign company.

Registration with the Bulgarian Commercial Register

Under Bulgarian legislation branches are required to be registered with the Bulgarian Commercial Register. The necessary documents to register a branch in Bulgaria include:

official certificate of good standing of the foreign company;

official incumbency certificate containing the particulars of the persons authorized to represent the foreign company and their representative powers (if not contained in the certificate of good standing);

resolution of the foreign company to establish a branch in Bulgaria (the persons competent to adopt such a resolution are determined by the national corporate law of the foreign company);

constituent act/articles of association of the foreign company;

notarized power of attorney granted to the legal representative of the Bulgarian branch;

notarized written consent and specimen signature of the legal representative of the Bulgarian branch;

declaration under art.13, para. 4 of the Bulgarian Commercial Register Act.

Accounting

Under the Bulgarian Commerce Act following the successful branch office registration, the branch is required to maintain its own bookkeeping as well as to prepare a balance sheet.

Taxation

Under the Bulgarian tax legislation the profit generated by a foreign company’s branch established in Bulgaria is subject to corporate income tax.

June 24, 2018/by lawyer

Legal advices

Changing manager LLC Bulgaria

Change in the manner of management and representation or change of the person (s) representing the company

A change in the management of a company may occur when two or more persons are elected in the place of a manager to represent and manage the company together or separately, as well as the appointment of a procurator.

I. In the Commercial Law an option is provided by the manager of the company aloneto request it to be removed from the Commercial Register by giving written notice to the company.

Within one month of receipt of the notification, the company must declare its release in the Commercial Register for entry.

If the company does not do so, the manager may himself file for registration the fact that is entered, whether or not another person is elected in his place. In a nutshell, in order for the manager or the liquidator to declare the deletion alone, the law provided for the existence of two prerequisites – the manager / liquidator / requested the deletion by written notification to the company and the company had not declared its deletion in within one month of receipt of the notification.

The second and more frequent reason for change of manager in OOD is

Election of a new governor after the expiry of the mandate of the old governor or
Withdrawal of the manager’s authorization at any time during his term of office,
Resignition of the manager.

Empowerment of the manager may be withdrawn at any time and his name deleted from the commercial register.

The freedom of the general assembly to free the governor at any time, respectively to elect a new governor, is imperatively regulated by the legislator, and it results from the free withdrawal of empowerment (including empowerment).

There is a complete correspondence between the possibility of the general meeting of the company to withdraw the authorization of the manager / for the dismissal of the manager / as provided in Art. 141, para. 5 of the Commercial Act, the unilateral withdrawal of the manager, with a written notification to the company. The possibility of a free change of the manager is related to the fact that the legislator did not introduce grounds for the dismissal of the manager.

Even in cases where such a foundation is provided in the company agreement, they could not overcome imperatively the art. 141, para. 4 of the CG freedom of the General Assembly to withdraw the authorization, but such grounds would have significance in the search of the manager’s responsibility.

The change of the manager of the company should be entered in the Commercial Register.

Upon the change of the current manager, it is necessary to conclude a new written contract for the assignment of the management on behalf of the company, also the general meeting must take a decision to amend the company contract if the management and representation of the company change are the essential elements of the contract.

This decision must be taken by a majority of more than three-quarters of the capital unless a majority of the company’s agreement is provided.

The decision shall be drawn up with a notary authentication of the signatures and the contents made at the same time, unless a written agreement is provided in the Articles of Association.

The decision shall be entered in the record book. In LLC, a change in the way of management most often means assigning the management of EOOD to a procurator, but it is possible to appoint a governor if the constitutive act does not exclude the possibility of appointing a third party manager.

The procedure for entry in the Commercial Register and the register of non-profit legal entities lasts three working days.

Our legal services includes:

1. Drafting & preparation of the necessary documents, according to the requirements of the Commerce Act;

2. Drafting of applications of the Registry Agency – Commercial Register and all other necessary documents;

3. Transfer & payment of Register state fee for recording changes in circumstances;

4. Transfer of all state fee for Commercial Register, bank Fees;

With our service we will save you valuable time, with our knowledge and skills we will complete the entire procedure for you at moderate competitive prices.

June 24, 2018/by lawyer

Legal advices, News, Personal

Dispute Resolution Lawyers

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

Litigation lawyers guide their clients in resolving civil disagreements.

These disputes can involve a wide range of issues, from

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

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

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

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

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

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

Our legal services in Dispute resolutions:

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

The most usually used services are :

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

June 24, 2018/by lawyer

Legal advices

Open a representation office

Trade representation office

Many of our clients are foreign entities wishing to register a commercial agency or branch office of a foreign legal entity in Bulgaria. In this regard, working as lawyers in commercial cases in Bulgaria, we would like to inform you that all foreign persons engaged in commercial activities may open commercial offices in our country.

According to the Bulgarian laws, trade representation can perform non-profit activities, advertising of goods and services, and more.

Commercial representation of foreign person has got the right to operate an independent business. The regime of any commercial representation of foreign legal entity in Bulgaria is regulated by the Law on Investment Promotion (IPA).

When establishing trade representation of foreign legal entities, they must register in the Bulgarian Chamber of Commerce and Industry (BCCI). For the establishment of foreign investments under Bulgarian law, in addition to five different companies listed above, the investor may choose one of the following corporate forms:

OPEN a Branch office or
OPEN a trade representation.

A commercial legal entitywhich has got the right to perform commercial activity under its national law, may register a branch in the Commercial Register. The branch is not considered as a separate legal entity. The branch is not required to have any paid up capital or separate governance structure. Its assets and liabilities are considered of the mother company.

Representative Office

Foreign persons authorized to do business under their national law may establish a representative offices in Bulgaria. A representative office is registered at the Bulgarian Chamber of Commerce. The office is not a separate legal entity and cannot carry on business activity. Thus, the purpose of the representative office is to perform activities such as promotions, exhibitions, demonstrations, training and advertising of products or services.

Registration of a foreign person’s representative office

the legal framework is the Investment Promotion Act, and the competent authority. The registration body is the Bulgarian Chamber of Commerce and Industry.

Procedure and documents required

Official registration document of the foreign person issued by the relevant competent authority as per its national legislation.
Official document regarding the persons managing and representing the foreign person.
Resolution of the managing body of the foreign person for opening a representative office in Bulgaria.
Special notarized original power of attorney issued by the person(s) representing the company, for the person authorised to register and manage the representative office in Bulgaria. It also is specifying the powers granted to the latter.
Original specimen(s) of the signature(s) of the person(s) being representative(s) in Bulgaria, whether by virtue of law or by special authorisations, certified by a notary public.
Document evidencing payment of the registration fee for the representative office.

Terms of registration

The registration terms are between 1 and 3 days (according to the declared wish and the fee paid).

Procedure for registration of a trade representation office

An applicant can be any resident with the right to conduct business under its national legislation. We can prepare for you all documents necessary for registration of a trade representation of foreign legal entity. Persons who are representatives of foreign commercial companies and have registered trade offices in BCCI can obtain a permit for continuous stay in the country. The term is one year (Art. 24, paragraph 1, p. 6 of the Law on Foreigners in the Republic of Bulgaria). The actual residence permit may be renewed on the same grounds after the expiry of the prescribed term.

Requirements:

Upon registration of a trade representation, you must have the funds from abroad for its maintenance. This applies also to any proceeds from SSI benefits for workers who are Bulgarian citizens. Since no representation carries on business, commercial offices are not required to file an annual tax return. For the same reason, they do not pay withholding taxes under the Corporate Income Tax Act.

Although not transact business, commercial offices are tax-liable for the social costs of staff employed under an employment contract and management. Regarding the law, transactions and payments made by residents in the country, carried out by commercial representation on his behalf or under the authority of the foreign entity, are considered as accomplished independent economic activity subject to taxation.On the grounds of Article 24, paragraph 1 of the Law on Promotion of Investment, trade represantation of foreign entities offceis are obligated to enter in the Commercial Register of the Chamber of Commerce.

When a foreign person can register as a trade representative in Bulgaria?

As lawyers in commercial matters, we will advise you that this happens when the company has got the right to conduct business, in accordance with the law of the country it had been established in.

Legal aspects in conducting business

Foreign person who has got trade representation in Bulgaria cannot carry out business on his/her behalf. This is because he/she is not a legal entity. Concluded with his/her brokerage transactions are conducted on behalf of the principal (non-resident).

Commercial representation must be recorded in the Unified Commercial Register of the Bulgarian Chamber of Commerce and Industry (BCCI), despite the fact that it is not a legal entity and has got no right to conduct business.

For more information about the types of legal services we offer, please contact us. As for as commercial ajnd compnay lawyer on +359 2/858 10 25, or by e-mail to: info@lawyer-bulgaria.bg.

June 18, 2018/by lawyer

Legal advices, News, Personal

Child maintenance in Bulgaria

Some of our clients asked for legal support in child maintenance in Bulgaria.

When it comes to child maintenance in Bulgaria, many factors can influence the amount of child support that must be paid or received.

It is crucial to seek legal advice to ensure that your specific circumstances are addressed adequately.

Legal support in child maintenance cases

One important aspect to consider is that child maintenance obligations may differ across countries.

Depending on where the child, mother, or father resides, claims can be lodged in various jurisdictions.

Even if you and your family members live in different countries, maintenance claims can often be filed, where one of the parents or the child lives.

The most import issue for the case with family lawyer is to determine the applicable jurisdiction.

Obligations for child maintenance payment

Under Bulgarian law, when a court has issued a decision regarding child maintenance, the obligated parent must comply with the court’s ruling.

Failure to pay maintenance for more than two months constitutes a criminal offense under Article 183, 1 Criminal Code.

Enforcement and Consequences

If maintenance payments are not made as ordered by the court, the recipient may initiate an enforcement action.

This process allows a state or private enforcement agent to collect the owed amount through compulsory measures, such as:

– Garnishing wages
– Freezing bank accounts
– Seizing property, including cars and real estate

Non-payment of child maintenance can lead to additional costs for the debtor, including enforcement fees, legal fees, and other related expenses.

Liability for Non-Payment

In addition to enforcement actions, failure to pay child maintenance for two or more months may result in criminal prosecution.

The entitled person or their legal representative can request the initiation of pre-trial proceedings for a crime under Article 183, 1 Criminal Code.

The penalty for non-payment can include imprisonment for up to one year or probation.

While probation may seem lenient, it carries significant legal consequences and should not be taken lightly.

It is a serious result of criminal liability that can affect the convict’s legal standing.

Legal Assistance for custody cases

Whether you are the one obligated to pay child maintenance or the recipient, it is critical to seek legal advice to protect your rights.

Our experienced Bulgarian family lawyers can provide comprehensive legal support

We ensuring that both your interests and the best interests of the child are fully safeguarded.

For more detailed guidance on child maintenance obligations, enforcement actions, or criminal liability for non-payment, contact us today for expert legal assistance.

June 8, 2018/by lawyer

Legal advices, News, Personal

Legal grounds for divorce Bulgaria

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

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

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

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

Key Legal Grounds for Divorce in Bulgaria

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

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

Key Points:

– Court Ruling on Fault:

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

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

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

2. Divorce by Mutual Consent (Article 50 FC)

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

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

Important Considerations:
– Agreement Details:

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

-Language Requirements:

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

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

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

Hire Our Family Lawyer?

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

Do you need Help with your Divorce?

Divorce by mutual consent: Article 50.FC

Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for
terminating the marriage.

A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.

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

Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.

Legal Grounds for Divorce in Bulgaria: A Comprehensive Guide

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

Key Legal Grounds for Divorce in Bulgaria

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

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

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

2. Divorce by Mutual Consent (Article 50 FC)

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

Essential Components of a Mutual Consent Divorce Agreement

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

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

The agreement must cover several critical areas:

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

Legal Considerations for Alimony in Bulgaria

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

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

**(1) Agreement Provisions**

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

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

**(2) Incomplete Agreements**

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

Applications for Child Custody and Maintenance Post-Divorce

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

### Conclusion

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

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

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

June 8, 2018/by lawyer

Legal advices, News, Personal

European Arrest Warrant BULGARIA

European Arrest Warrant in Bulgaria

Many clients asked for drafting and preparation of the following legal procedure for European Arrest Warrant Bulgaria.

The European Arrest Warrant (EAW) is a legal decision issued in an EU Member State

This is a legal instrument with the purpose of detaining and surrendering an individual wanted in another Member State for prosecution.

Sometimes there are some activities for execution of a custodial sentence, or a detention order.

Our law firm, D. Vladimirov & Partners, specializes in international criminal law, particularly in cases involving

drug abuse
violations,
money laundering,
white-collar crimes,
forgery,
counterfeiting,
fraud,
financial crimes,
tax fraud offenses,
driving, and traffic crimes.

Our legal actitvities

Our expertise allows us to handle international criminal law issues at a high professional level, often collaborating with foreign colleagues in

A/ Extradition or

B/ Legal work on procedures of european Arrest Warrant cases involving Bulgaria.

We prioritize providing reliable legal services to our clients as defense counsel, offering assistance in criminal and extradition order services.

The European Arrest Warrant, governed by the Law on Extradition and European Arrest Warrant in Bulgaria, aims to combat international terrorism and organized crime post-10/11/2001.

The warrant simplifies cross-border judicial surrender procedures, replacing the previously lengthy extradition processes between EU countries.

The EAW, based on the principle of mutual recognition of judicial decisions, allows for the recognition and execution of a warrant issued by one EU country’s judicial authority throughout the entire EU territory.

The issuing authority must assess the risk of inhuman or degrading treatment before deciding on surrender if evidence of such a risk exists.

Under the Bulgarian Law on Extradition and European Arrest Warrant, the Court may refuse to execute the warrant in cases of amnesty, an entered into force sentence, or if the requested person is underage according to Bulgarian legislation.

The decision on the execution of the European arrest warrant must be made within 60 days after the person’s arrest, and if the person consents, the surrender decision must be taken within 10 days.

How start the procedure ?

The surrender procedure, initiated by a European Arrest Warrant, takes place in one of the 28 district courts.

The requested person can consent to surrender, leading to a restricted verification procedure.

If the person refuses, the court examines the legal details and checks for reasons preventing transfer, such as double jeopardy, terminated criminal proceedings in Bulgaria, or expired punishment under Bulgarian law.

Despite instances of foreign courts refusing to hand over individuals to Bulgaria due to concerns over prison conditions

Our law office, D. Vladimirov & Partners, emphasizes the need for amendments to align Bulgarian legislation with human rights standards.

If you require legal assistance, feel free to contact us at +359 897 90 43 91 or send your inquiry to office@lawyer-bulgaria.bg

What is the European Arrest Warrant (EAW) and how does it function?

The EAW is a mechanism based on mutual recognition of judicial decisions among EU countries. It involves a judicial authority in one EU country requesting the arrest and surrender of a person located in another Member State for prosecution or to execute a custodial sentence.

How does the EAW differ from traditional extradition?

Unlike traditional extradition, the EAW imposes strict time limits. The executing state must make a final decision on the execution of the warrant within 60 days after the person's arrest, with a surrender decision required within 10 days if the person consents. The surrender must occur within 10 days of the final decision.

What changes have been made regarding double criminality checks?

For 32 categories of offenses, there is no longer a need for a double criminality check. The only requirement is that the act must be punishable by a maximum period of at least 3 years of imprisonment in the issuing state. For other offenses, surrender may be subject to the condition that the act constitutes an offense in the executing state.

How is political involvement addressed in the EAW process?

Decisions related to the EAW are made solely by judicial authorities, eliminating any political considerations. This ensures an unbiased and legal approach to the surrender process.

Can EU countries refuse to surrender their own nationals under the EAW?

EU countries can no longer refuse to surrender their nationals under the EAW, except if they opt to take over the execution of the prison sentence against the requested person.

What guarantees can be imposed by the executing judicial authority?

The executing judicial authority may require guarantees, including the right to request a review after a certain period, especially for life sentences, and the possibility for the wanted person to serve any resulting prison time in the executing country if they are a national or habitual resident.

Under what grounds can the executing judicial authority refuse surrender?

Refusal to surrender is limited to specific grounds. Mandatory grounds include cases of amnesty, previous judgment for the same offense, or the person being a minor. Optional grounds include lack of double criminality, territorial jurisdiction, pending criminal procedure, and statute of limitations, among others.

How is the EAW designed to protect the procedural rights of suspects or accused persons?

In applying the EAW, authorities must respect the procedural rights of suspects or accused persons, including the right to information, legal representation, an interpreter, and legal aid, as stipulated by the law in the country where the arrest takes place.

June 3, 2018/by lawyer

Posts

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2. Non-EU Judgments

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European Arrest Warrant in Bulgaria

Our legal actitvities

What is the European Arrest Warrant (EAW) and how does it function?

How does the EAW differ from traditional extradition?

What changes have been made regarding double criminality checks?

How is political involvement addressed in the EAW process?

Can EU countries refuse to surrender their own nationals under the EAW?

What guarantees can be imposed by the executing judicial authority?

Under what grounds can the executing judicial authority refuse surrender?

How is the EAW designed to protect the procedural rights of suspects or accused persons?

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

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